Bill Text: IL SB3642 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends various Acts to revise statutory law to conform the statutes to the reorganization of the executive branch taking effect under Executive Order 2019-12. Makes other changes concerning the Illinois State Police and makes technical and stylistic changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3642 Detail]

Download: Illinois-2019-SB3642-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3642 Introduced 2/14/2020, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED:
See Index
Amends various Acts to revise statutory law to conform the statutes to the reorganization of the executive branch taking effect under Executive Order 2019-12. Makes other changes concerning the Illinois State Police and makes technical and stylistic changes. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning the Illinois State Police.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. This Act revises statutory law to conform the
statutes to the reorganization of the executive branch taking
effect under Executive Order 2019-12. This Act also makes other
changes concerning the Illinois State Police and makes
technical and stylistic changes.
Section 10. The Consular Identification Document Act is
amended by changing Section 5 as follows:
(5 ILCS 230/5)
Sec. 5. Definition. As used in this Act, "consular
identification document" means an official identification card
issued by a foreign government that meets all of the following
requirements:
(1) The consular identification document is issued
through the foreign government's consular offices for the
purpose of identifying a foreign national who is living
outside of that nation.
(2) The foreign government requires an individual to
provide the following to obtain the consular
identification document: (A) proof of nationality; (B)

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proof of identity; and (C) proof of residence in the
consular district.
(3) The foreign government includes the following
security features in the consular identification document:
(A) a unique identification number; (B) an optically
variable feature such as a hologram or color-shifting inks;
(C) an ultraviolet image; (D) encoded information; (E)
machine readable technology; (F) micro printing; (G)
secure laminate; and (H) integrated photograph and
signature.
(4) The consular identification document includes the
following data: (A) the name and address of the individual
to whom it is issued; (B) the date of issuance; (C) the
date of expiration; (D) the name of the issuing consulate;
and (E) an identification number. The consular
identification document must include an English
translation of the data fields.
(5) The issuing consulate has filed with the Illinois
Department of State Police a copy of the issuing
consulate's consular identification document and a
certification of the procedures that are used to satisfy
the requirements of paragraphs (2) and (3).
(Source: P.A. 94-389, eff. 1-1-06.)
Section 15. The Public Corruption Profit Forfeiture Act is
amended by changing Sections 10 and 25 as follows:

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(5 ILCS 283/10)
Sec. 10. Penalties.
(a) A person who is convicted of a violation of any of the
following Sections, subsections, and clauses of the Criminal
Code of 1961 or the Criminal Code of 2012:
(1) clause (a)(6) of Section 12-6 (intimidation by a
public official),
(2) Section 33-1 (bribery),
(3) subsection (a) of Section 33E-7 (kickbacks), or
(4) Section 33C-4 or subsection (d) of Section 17-10.3
(fraudulently obtaining public moneys reserved for
disadvantaged business enterprises),
shall forfeit to the State of Illinois:
(A) any profits or proceeds and any property or
property interest he or she has acquired or maintained in
violation of any of the offenses listed in clauses (1)
through (4) of this subsection (a) that the court
determines, after a forfeiture hearing under subsection
(b) of this Section, to have been acquired or maintained as
a result of violating any of the offenses listed in clauses
(1) through (4) of this subsection (a); and
(B) any interest in, security of, claim against, or
property or contractual right of any kind affording a
source of influence over, any enterprise which he or she
has established, operated, controlled, conducted, or

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participated in the conduct of, in violation of any of the
offenses listed in clauses (1) through (4) of this
subsection (a) that the court determines, after a
forfeiture hearing under subsection (b) of this Section, to
have been acquired or maintained as a result of violating
any of the offenses listed in clauses (1) through (4) of
this subsection (a) or used to facilitate a violation of
one of the offenses listed in clauses (1) through (4) of
this subsection (a).
(b) The court shall, upon petition by the Attorney General
or State's Attorney, at any time after the filing of an
information or return of an indictment, conduct a hearing to
determine whether any property or property interest is subject
to forfeiture under this Act. At the forfeiture hearing the
people shall have the burden of establishing, by a
preponderance of the evidence, that property or property
interests are subject to forfeiture under this Act. There is a
rebuttable presumption at such hearing that any property or
property interest of a person charged by information or
indictment with a violation of any of the offenses listed in
clauses (1) through (4) of subsection (a) of this Section or
who is convicted of a violation of any of the offenses listed
in clauses (1) through (4) of subsection (a) of this Section is
subject to forfeiture under this Section if the State
establishes by a preponderance of the evidence that:
(1) such property or property interest was acquired by

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such person during the period of the violation of any of
the offenses listed in clauses (1) through (4) of
subsection (a) of this Section or within a reasonable time
after such period; and
(2) there was no likely source for such property or
property interest other than the violation of any of the
offenses listed in clauses (1) through (4) of subsection
(a) of this Section.
(c) In an action brought by the People of the State of
Illinois under this Act, wherein any restraining order,
injunction or prohibition or any other action in connection
with any property or property interest subject to forfeiture
under this Act is sought, the circuit court which shall preside
over the trial of the person or persons charged with any of the
offenses listed in clauses (1) through (4) of subsection (a) of
this Section shall first determine whether there is probable
cause to believe that the person or persons so charged have
committed a violation of any of the offenses listed in clauses
(1) through (4) of subsection (a) of this Section and whether
the property or property interest is subject to forfeiture
pursuant to this Act.
In order to make such a determination, prior to entering
any such order, the court shall conduct a hearing without a
jury, wherein the People shall establish that there is: (i)
probable cause that the person or persons so charged have
committed one of the offenses listed in clauses (1) through (4)

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of subsection (a) of this Section and (ii) probable cause that
any property or property interest may be subject to forfeiture
pursuant to this Act. Such hearing may be conducted
simultaneously with a preliminary hearing, if the prosecution
is commenced by information or complaint, or by motion of the
People, at any stage in the proceedings. The court may accept a
finding of probable cause at a preliminary hearing following
the filing of a charge for violating one of the offenses listed
in clauses (1) through (4) of subsection (a) of this Section or
the return of an indictment by a grand jury charging one of the
offenses listed in clauses (1) through (4) of subsection (a) of
this Section as sufficient evidence of probable cause as
provided in item (i) above.
Upon such a finding, the circuit court shall enter such
restraining order, injunction or prohibition, or shall take
such other action in connection with any such property or
property interest subject to forfeiture under this Act, as is
necessary to insure that such property is not removed from the
jurisdiction of the court, concealed, destroyed or otherwise
disposed of by the owner of that property or property interest
prior to a forfeiture hearing under subsection (b) of this
Section. The Attorney General or State's Attorney shall file a
certified copy of such restraining order, injunction or other
prohibition with the recorder of deeds or registrar of titles
of each county where any such property of the defendant may be
located. No such injunction, restraining order or other

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prohibition shall affect the rights of any bona fide purchaser,
mortgagee, judgment creditor or other lien holder arising prior
to the date of such filing.
The court may, at any time, upon verified petition by the
defendant, conduct a hearing to release all or portions of any
such property or interest which the court previously determined
to be subject to forfeiture or subject to any restraining
order, injunction, or prohibition or other action. The court
may release such property to the defendant for good cause shown
and within the sound discretion of the court.
(d) Prosecution under this Act may be commenced by the
Attorney General or a State's Attorney.
(e) Upon an order of forfeiture being entered pursuant to
subsection (b) of this Section, the court shall authorize the
Attorney General to seize any property or property interest
declared forfeited under this Act and under such terms and
conditions as the court shall deem proper. Any property or
property interest that has been the subject of an entered
restraining order, injunction or prohibition or any other
action filed under subsection (c) shall be forfeited unless the
claimant can show by a preponderance of the evidence that the
property or property interest has not been acquired or
maintained as a result of a violation of any of the offenses
listed in clauses (1) through (4) of subsection (a) of this
Section or has not been used to facilitate a violation of any
of the offenses listed in clauses (1) through (4) of subsection

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(a) of this Section.
(f) The Attorney General or his or her designee is
authorized to sell all property forfeited and seized pursuant
to this Act, unless such property is required by law to be
destroyed or is harmful to the public, and, after the deduction
of all requisite expenses of administration and sale, shall
distribute the proceeds of such sale, along with any moneys
forfeited or seized, in accordance with subsection (g).
(g) All monies and the sale proceeds of all other property
forfeited and seized pursuant to this Act shall be distributed
as follows:
(1) An amount equal to 50% shall be distributed to the
unit of local government or other law enforcement agency
whose officers or employees conducted the investigation
into a violation of any of the offenses listed in clauses
(1) through (4) of subsection (a) of this Section and
caused the arrest or arrests and prosecution leading to the
forfeiture. Amounts distributed to units of local
government and law enforcement agencies shall be used for
enforcement of laws governing public corruption, or for
other law enforcement purposes. In the event, however, that
the investigation, arrest or arrests and prosecution
leading to the forfeiture were undertaken solely by a State
agency, the portion provided hereunder shall be paid into
the State Asset Forfeiture Fund in the State treasury to be
used by that State agency in accordance with law. If the

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investigation, arrest or arrests and prosecution leading
to the forfeiture were undertaken by the Attorney General,
the portion provided hereunder shall be paid into the
Attorney General Whistleblower Reward and Protection Fund
in the State treasury to be used by the Attorney General in
accordance with law.
(2) An amount equal to 12.5% shall be distributed to
the county in which the prosecution resulting in the
forfeiture was instituted, deposited in a special fund in
the county treasury and appropriated to the State's
Attorney for use in accordance with law. If the prosecution
was conducted by the Attorney General, then the amount
provided under this subsection shall be paid into the
Attorney General Whistleblower Reward and Protection Fund
in the State treasury to be used by the Attorney General in
accordance with law.
(3) An amount equal to 12.5% shall be distributed to
the Office of the State's Attorneys Appellate Prosecutor
and deposited in the State's Attorneys Appellate
Prosecutor Anti-Corruption Fund, to be used by the Office
of the State's Attorneys Appellate Prosecutor for
additional expenses incurred in prosecuting appeals
arising under this Act. Any amounts remaining in the Fund
after all additional expenses have been paid shall be used
by the Office to reduce the participating county
contributions to the Office on a prorated basis as

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determined by the board of governors of the Office of the
State's Attorneys Appellate Prosecutor based on the
populations of the participating counties. If the appeal is
to be conducted by the Attorney General, then the amount
provided under this subsection shall be paid into the
Attorney General Whistleblower Reward and Protection Fund
in the State treasury to be used by the Attorney General in
accordance with law.
(4) An amount equal to 25% shall be paid into the State
Asset Forfeiture Fund in the State treasury to be used by
the Illinois Department of State Police for the funding of
the investigation of public corruption activities. Any
amounts remaining in the Fund after full funding of such
investigations shall be used by the Illinois State Police
Department in accordance with law to fund its other
enforcement activities.
(h) All moneys deposited pursuant to this Act in the State
Asset Forfeiture Fund shall, subject to appropriation, be used
by the Illinois Department of State Police in the manner set
forth in this Section. All moneys deposited pursuant to this
Act in the Attorney General Whistleblower Reward and Protection
Fund shall, subject to appropriation, be used by the Attorney
General for State law enforcement purposes and for the
performance of the duties of that office. All moneys deposited
pursuant to this Act in the State's Attorneys Appellate
Prosecutor Anti-Corruption Fund shall, subject to

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appropriation, be used by the Office of the State's Attorneys
Appellate Prosecutor in the manner set forth in this Section.
(Source: P.A. 101-148, eff. 7-26-19.)
(5 ILCS 283/25)
Sec. 25. Distribution of proceeds of fines.
(a) The proceeds of all fines received under the provisions
of this Act shall be transmitted to and deposited in the
treasurer's office at the level of government as follows:
(1) If the seizure was made by a combination of law
enforcement personnel representing differing units of
local government, the court levying the fine shall
equitably allocate 50% of the fine among these units of
local government and shall allocate 50% to the county
general corporate fund. In the event that the seizure was
made by law enforcement personnel representing a unit of
local government from a municipality where the number of
inhabitants exceeds 2 million, the court levying the fine
shall allocate 100% of the fine to that unit of local
government. If the seizure was made by a combination of law
enforcement personnel representing differing units of
local government, and at least one of those units
represents a municipality where the number of inhabitants
exceeds 2 million, the court shall equitably allocate 100%
of the proceeds of the fines received among the differing
units of local government.

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(2) If such seizure was made by State law enforcement
personnel, then the court shall allocate 50% to the State
treasury and 50% to the county general corporate fund.
(3) If a State law enforcement agency in combination
with a law enforcement agency or agencies of a unit or
units of local government conducted the seizure, the court
shall equitably allocate 50% of the fines to or among the
law enforcement agency or agencies of the unit or units of
local government which conducted the seizure and shall
allocate 50% to the county general corporate fund.
(b) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (a) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating public corruption and
other laws. The proceeds of fines awarded to the State treasury
shall be deposited in the State Asset Forfeiture Fund. Monies
from this Fund may be used by the Illinois Department of State
Police in the enforcement of laws regulating public corruption
and other laws; and all other monies shall be paid into the
General Revenue Fund in the State treasury.
(Source: P.A. 96-1019, eff. 1-1-11.)
Section 20. The Illinois Public Labor Relations Act is
amended by changing Sections 3, 6.1, and 9 as follows:

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(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and other
conditions of employment, as detailed in Section 7 and which
are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the
regular course of his or her duties, assists and acts in a
confidential capacity to persons who formulate, determine, and
effectuate management policies with regard to labor relations
or who, in the regular course of his or her duties, has
authorized access to information relating to the effectuation
or review of the employer's collective bargaining policies.
(d) "Craft employees" means skilled journeymen, crafts
persons, and their apprentices and helpers.
(e) "Essential services employees" means those public
employees performing functions so essential that the
interruption or termination of the function will constitute a
clear and present danger to the health and safety of the
persons in the affected community.
(f) "Exclusive representative", except with respect to

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non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois Department of
State Police, means the labor organization that has been (i)
designated by the Board as the representative of a majority of
public employees in an appropriate bargaining unit in
accordance with the procedures contained in this Act, (ii)
historically recognized by the State of Illinois or any
political subdivision of the State before July 1, 1984 (the
effective date of this Act) as the exclusive representative of
the employees in an appropriate bargaining unit, (iii) after
July 1, 1984 (the effective date of this Act) recognized by an
employer upon evidence, acceptable to the Board, that the labor
organization has been designated as the exclusive
representative by a majority of the employees in an appropriate
bargaining unit; (iv) recognized as the exclusive
representative of personal assistants under Executive Order
2003-8 prior to the effective date of this amendatory Act of
the 93rd General Assembly, and the organization shall be
considered to be the exclusive representative of the personal
assistants as defined in this Section; or (v) recognized as the
exclusive representative of child and day care home providers,
including licensed and license exempt providers, pursuant to an
election held under Executive Order 2005-1 prior to the
effective date of this amendatory Act of the 94th General
Assembly, and the organization shall be considered to be the

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exclusive representative of the child and day care home
providers as defined in this Section.
With respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
Department of State Police, "exclusive representative" means
the labor organization that has been (i) designated by the
Board as the representative of a majority of peace officers or
fire fighters in an appropriate bargaining unit in accordance
with the procedures contained in this Act, (ii) historically
recognized by the State of Illinois or any political
subdivision of the State before January 1, 1986 (the effective
date of this amendatory Act of 1985) as the exclusive
representative by a majority of the peace officers or fire
fighters in an appropriate bargaining unit, or (iii) after
January 1, 1986 (the effective date of this amendatory Act of
1985) recognized by an employer upon evidence, acceptable to
the Board, that the labor organization has been designated as
the exclusive representative by a majority of the peace
officers or fire fighters in an appropriate bargaining unit.
Where a historical pattern of representation exists for the
workers of a water system that was owned by a public utility,
as defined in Section 3-105 of the Public Utilities Act, prior
to becoming certified employees of a municipality or
municipalities once the municipality or municipalities have
acquired the water system as authorized in Section 11-124-5 of

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the Illinois Municipal Code, the Board shall find the labor
organization that has historically represented the workers to
be the exclusive representative under this Act, and shall find
the unit represented by the exclusive representative to be the
appropriate unit.
(g) "Fair share agreement" means an agreement between the
employer and an employee organization under which all or any of
the employees in a collective bargaining unit are required to
pay their proportionate share of the costs of the collective
bargaining process, contract administration, and pursuing
matters affecting wages, hours, and other conditions of
employment, but not to exceed the amount of dues uniformly
required of members. The amount certified by the exclusive
representative shall not include any fees for contributions
related to the election or support of any candidate for
political office. Nothing in this subsection (g) shall preclude
an employee from making voluntary political contributions in
conjunction with his or her fair share payment.
(g-1) "Fire fighter" means, for the purposes of this Act
only, any person who has been or is hereafter appointed to a
fire department or fire protection district or employed by a
state university and sworn or commissioned to perform fire
fighter duties or paramedic duties, including paramedics
employed by a unit of local government, except that the
following persons are not included: part-time fire fighters,
auxiliary, reserve or voluntary fire fighters, including paid

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on-call fire fighters, clerks and dispatchers or other civilian
employees of a fire department or fire protection district who
are not routinely expected to perform fire fighter duties, or
elected officials.
(g-2) "General Assembly of the State of Illinois" means the
legislative branch of the government of the State of Illinois,
as provided for under Article IV of the Constitution of the
State of Illinois, and includes but is not limited to the House
of Representatives, the Senate, the Speaker of the House of
Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the Director
of the Department of Central Management Services, and the
Director of the Department of Labor; the county board in the
case of a county; the corporate authorities in the case of a
municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer

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concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the Secretary
of State, the Comptroller, or the Treasurer, as the case may
be, and whose job duties require the person to regularly
communicate in the course of his or her employment with any
official or staff of the General Assembly of the State of
Illinois for the purpose of influencing any legislative action.
(j) "Managerial employee" means an individual who is
engaged predominantly in executive and management functions
and is charged with the responsibility of directing the
effectuation of management policies and practices. With
respect only to State employees in positions under the
jurisdiction of the Attorney General, Secretary of State,
Comptroller, or Treasurer (i) that were certified in a
bargaining unit on or after December 2, 2008, (ii) for which a
petition is filed with the Illinois Public Labor Relations
Board on or after April 5, 2013 (the effective date of Public
Act 97-1172), or (iii) for which a petition is pending before
the Illinois Public Labor Relations Board on that date,
"managerial employee" means an individual who is engaged in
executive and management functions or who is charged with the
effectuation of management policies and practices or who
represents management interests by taking or recommending
discretionary actions that effectively control or implement

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policy. Nothing in this definition prohibits an individual from
also meeting the definition of "supervisor" under subsection
(r) of this Section.
(k) "Peace officer" means, for the purposes of this Act
only, any persons who have been or are hereafter appointed to a
police force, department, or agency and sworn or commissioned
to perform police duties, except that the following persons are
not included: part-time police officers, special police
officers, auxiliary police as defined by Section 3.1-30-20 of
the Illinois Municipal Code, night watchmen, "merchant
police", court security officers as defined by Section 3-6012.1
of the Counties Code, temporary employees, traffic guards or
wardens, civilian parking meter and parking facilities
personnel or other individuals specially appointed to aid or
direct traffic at or near schools or public functions or to aid
in civil defense or disaster, parking enforcement employees who
are not commissioned as peace officers and who are not armed
and who are not routinely expected to effect arrests, parking
lot attendants, clerks and dispatchers or other civilian
employees of a police department who are not routinely expected
to effect arrests, or elected officials.
(l) "Person" includes one or more individuals, labor
organizations, public employees, associations, corporations,
legal representatives, trustees, trustees in bankruptcy,
receivers, or the State of Illinois or any political
subdivision of the State or governing body, but does not

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include the General Assembly of the State of Illinois or any
individual employed by the General Assembly of the State of
Illinois.
(m) "Professional employee" means any employee engaged in
work predominantly intellectual and varied in character rather
than routine mental, manual, mechanical or physical work;
involving the consistent exercise of discretion and adjustment
in its performance; of such a character that the output
produced or the result accomplished cannot be standardized in
relation to a given period of time; and requiring advanced
knowledge in a field of science or learning customarily
acquired by a prolonged course of specialized intellectual
instruction and study in an institution of higher learning or a
hospital, as distinguished from a general academic education or
from apprenticeship or from training in the performance of
routine mental, manual, or physical processes; or any employee
who has completed the courses of specialized intellectual
instruction and study prescribed in this subsection (m) and is
performing related work under the supervision of a professional
person to qualify to become a professional employee as defined
in this subsection (m).
(n) "Public employee" or "employee", for the purposes of
this Act, means any individual employed by a public employer,
including (i) interns and residents at public hospitals, (ii)
as of the effective date of this amendatory Act of the 93rd
General Assembly, but not before, personal assistants working

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under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, subject to the
limitations set forth in this Act and in the Rehabilitation of
Persons with Disabilities Act, (iii) as of the effective date
of this amendatory Act of the 94th General Assembly, but not
before, child and day care home providers participating in the
child care assistance program under Section 9A-11 of the
Illinois Public Aid Code, subject to the limitations set forth
in this Act and in Section 9A-11 of the Illinois Public Aid
Code, (iv) as of January 29, 2013 (the effective date of Public
Act 97-1158), but not before except as otherwise provided in
this subsection (n), home care and home health workers who
function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act, no matter whether the State provides those
services through direct fee-for-service arrangements, with the
assistance of a managed care organization or other
intermediary, or otherwise, (v) beginning on the effective date
of this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any person
employed by a public employer and who is classified as or who
holds the employment title of Chief Stationary Engineer,
Assistant Chief Stationary Engineer, Sewage Plant Operator,
Water Plant Operator, Stationary Engineer, Plant Operating
Engineer, and any other employee who holds the position of:

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Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
Technical Manager I, Technical Manager II, Technical Manager
III, Technical Manager IV, Technical Manager V, Technical
Manager VI, Realty Specialist III, Realty Specialist IV, Realty
Specialist V, Technical Advisor I, Technical Advisor II,
Technical Advisor III, Technical Advisor IV, or Technical
Advisor V employed by the Department of Transportation who is
in a position which is certified in a bargaining unit on or
before the effective date of this amendatory Act of the 98th
General Assembly, and (vi) beginning on the effective date of
this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any mental
health administrator in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 8K), any employee of the Office of the
Inspector General in the Department of Human Services who is
classified as or who holds the position of Public Service
Administrator (Option 7), any Deputy of Intelligence in the
Department of Corrections who is classified as or who holds the
position of Public Service Administrator (Option 7), and any
employee of the Illinois Department of State Police who handles
issues concerning the Illinois State Police Sex Offender
Registry and who is classified as or holds the position of
Public Service Administrator (Option 7), but excluding all of
the following: employees of the General Assembly of the State
of Illinois; elected officials; executive heads of a

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department; members of boards or commissions; the Executive
Inspectors General; any special Executive Inspectors General;
employees of each Office of an Executive Inspector General;
commissioners and employees of the Executive Ethics
Commission; the Auditor General's Inspector General; employees
of the Office of the Auditor General's Inspector General; the
Legislative Inspector General; any special Legislative
Inspectors General; employees of the Office of the Legislative
Inspector General; commissioners and employees of the
Legislative Ethics Commission; employees of any agency, board
or commission created by this Act; employees appointed to State
positions of a temporary or emergency nature; all employees of
school districts and higher education institutions except
firefighters and peace officers employed by a state university
and except peace officers employed by a school district in its
own police department in existence on the effective date of
this amendatory Act of the 96th General Assembly; managerial
employees; short-term employees; legislative liaisons; a
person who is a State employee under the jurisdiction of the
Office of the Attorney General who is licensed to practice law
or whose position authorizes, either directly or indirectly,
meaningful input into government decision-making on issues
where there is room for principled disagreement on goals or
their implementation; a person who is a State employee under
the jurisdiction of the Office of the Comptroller who holds the
position of Public Service Administrator or whose position is

SB3642 - 24 - LRB101 20589 WGH 70218 b
otherwise exempt under the Comptroller Merit Employment Code; a
person who is a State employee under the jurisdiction of the
Secretary of State who holds the position classification of
Executive I or higher, whose position authorizes, either
directly or indirectly, meaningful input into government
decision-making on issues where there is room for principled
disagreement on goals or their implementation, or who is
otherwise exempt under the Secretary of State Merit Employment
Code; employees in the Office of the Secretary of State who are
completely exempt from jurisdiction B of the Secretary of State
Merit Employment Code and who are in Rutan-exempt positions on
or after April 5, 2013 (the effective date of Public Act
97-1172); a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency
Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee
of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was

SB3642 - 25 - LRB101 20589 WGH 70218 b
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers
who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971 (5 ILCS 375/).
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided for
in this amendatory Act of the 94th General Assembly, including

SB3642 - 26 - LRB101 20589 WGH 70218 b
but not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the
State Employees Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government or
school district; authorities including departments, divisions,
bureaus, boards, commissions, or other agencies of the
foregoing entities; and any person acting within the scope of
his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of the effective
date of the amendatory Act of the 93rd General Assembly, but
not before, the State of Illinois shall be considered the
employer of the personal assistants working under the Home
Services Program under Section 3 of the Rehabilitation of
Persons with Disabilities Act, subject to the limitations set
forth in this Act and in the Rehabilitation of Persons with
Disabilities Act. As of January 29, 2013 (the effective date of
Public Act 97-1158), but not before except as otherwise
provided in this subsection (o), the State shall be considered
the employer of home care and home health workers who function

SB3642 - 27 - LRB101 20589 WGH 70218 b
as personal assistants and individual maintenance home health
workers and who also work under the Home Services Program under
Section 3 of the Rehabilitation of Persons with Disabilities
Act, no matter whether the State provides those services
through direct fee-for-service arrangements, with the
assistance of a managed care organization or other
intermediary, or otherwise, but subject to the limitations set
forth in this Act and the Rehabilitation of Persons with
Disabilities Act. The State shall not be considered to be the
employer of home care and home health workers who function as
personal assistants and individual maintenance home health
workers and who also work under the Home Services Program under
Section 3 of the Rehabilitation of Persons with Disabilities
Act, for any purposes not specifically provided for in Public
Act 93-204 or Public Act 97-1158, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Home care
and home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act shall not be
covered by the State Employees Group Insurance Act of 1971 (5
ILCS 375/). As of the effective date of this amendatory Act of
the 94th General Assembly but not before, the State of Illinois
shall be considered the employer of the day and child care home
providers participating in the child care assistance program

SB3642 - 28 - LRB101 20589 WGH 70218 b
under Section 9A-11 of the Illinois Public Aid Code, subject to
the limitations set forth in this Act and in Section 9A-11 of
the Illinois Public Aid Code. The State shall not be considered
to be the employer of child and day care home providers for any
purposes not specifically provided for in this amendatory Act
of the 94th General Assembly, including but not limited to,
purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in its
employment of firefighters and peace officers and except with
respect to a school district in the employment of peace
officers in its own police department in existence on the
effective date of this amendatory Act of the 96th General

SB3642 - 29 - LRB101 20589 WGH 70218 b
Assembly. County boards and county sheriffs shall be designated
as joint or co-employers of county peace officers appointed
under the authority of a county sheriff. Nothing in this
subsection (o) shall be construed to prevent the State Panel or
the Local Panel from determining that employers are joint or
co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public
employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at

SB3642 - 30 - LRB101 20589 WGH 70218 b
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is employed
for less than 2 consecutive calendar quarters during a calendar
year and who does not have a reasonable assurance that he or
she will be rehired by the same employer for the same service
in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Illinois Department of State
Police Merit Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially
different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those
actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with

SB3642 - 31 - LRB101 20589 WGH 70218 b
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,
State supervisors notwithstanding. Nothing in this
definition prohibits an individual from also meeting the
definition of "managerial employee" under subsection (j)
of this Section. In addition, in determining supervisory
status in police employment, rank shall not be
determinative. The Board shall consider, as evidence of
bargaining unit inclusion or exclusion, the common law
enforcement policies and relationships between police
officer ranks and certification under applicable civil
service law, ordinances, personnel codes, or Division 2.1
of Article 10 of the Illinois Municipal Code, but these
factors shall not be the sole or predominant factors
considered by the Board in determining police supervisory
status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under
Section 9 of this Act. Further, in new fire fighter units,
employees shall consist of fire fighters of the rank of
company officer and below. If a company officer otherwise
qualifies as a supervisor under the preceding paragraph,
however, he or she shall not be included in the fire

SB3642 - 32 - LRB101 20589 WGH 70218 b
fighter unit. If there is no rank between that of chief and
the highest company officer, the employer may designate a
position on each shift as a Shift Commander, and the
persons occupying those positions shall be supervisors.
All other ranks above that of company officer shall be
supervisors.
(2) With respect only to State employees in positions
under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were certified
in a bargaining unit on or after December 2, 2008, (ii) for
which a petition is filed with the Illinois Public Labor
Relations Board on or after April 5, 2013 (the effective
date of Public Act 97-1172), or (iii) for which a petition
is pending before the Illinois Public Labor Relations Board
on that date, an employee who qualifies as a supervisor
under (A) Section 152 of the National Labor Relations Act
and (B) orders of the National Labor Relations Board
interpreting that provision or decisions of courts
reviewing decisions of the National Labor Relations Board.
(s)(1) "Unit" means a class of jobs or positions that are
held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
Department of State Police, a bargaining unit determined by the

SB3642 - 33 - LRB101 20589 WGH 70218 b
Board shall not include both employees and supervisors, or
supervisors only, except as provided in paragraph (2) of this
subsection (s) and except for bargaining units in existence on
July 1, 1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois Department of
State Police, a bargaining unit determined by the Board shall
not include both supervisors and nonsupervisors, or
supervisors only, except as provided in paragraph (2) of this
subsection (s) and except for bargaining units in existence on
January 1, 1986 (the effective date of this amendatory Act of
1985). A bargaining unit determined by the Board to contain
peace officers shall contain no employees other than peace
officers unless otherwise agreed to by the employer and the
labor organization or labor organizations involved.
Notwithstanding any other provision of this Act, a bargaining
unit, including a historical bargaining unit, containing sworn
peace officers of the Department of Natural Resources (formerly
designated the Department of Conservation) shall contain no
employees other than such sworn peace officers upon the
effective date of this amendatory Act of 1990 or upon the
expiration date of any collective bargaining agreement in
effect upon the effective date of this amendatory Act of 1990
covering both such sworn peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from

SB3642 - 34 - LRB101 20589 WGH 70218 b
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined in
the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th, 19th,
and, on and after December 4, 2006, the 22nd judicial circuits;
and one unit shall be court reporters employed by all other
judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;

SB3642 - 35 - LRB101 20589 WGH 70218 b
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
(5 ILCS 315/6.1)
Sec. 6.1. Gubernatorial designation of certain public
employment positions as excluded from collective bargaining.
(a) Notwithstanding any provision of this Act to the
contrary, except subsections (e) and (f) of this Section, the
Governor is authorized to designate up to 3,580 State
employment positions collectively within State agencies
directly responsible to the Governor, and, upon designation,
those positions and employees in those positions, if any, are
hereby excluded from the self-organization and collective
bargaining provisions of Section 6 of this Act. Only those
employment positions that have been certified in a bargaining
unit on or after December 2, 2008, that have a pending petition
for certification in a bargaining unit on April 5, 2013 (the
effective date of Public Act 97-1172), or that neither have
been certified in a bargaining unit on or after December 2,
2008 nor have a pending petition for certification in a
bargaining unit on the effective date of this amendatory Act of
the 97th General Assembly are eligible to be designated by the
Governor under this Section. The Governor may not designate

SB3642 - 36 - LRB101 20589 WGH 70218 b
under this Section, however, more than 1,900 employment
positions that have been certified in a bargaining unit on or
after December 2, 2008.
(b) In order to properly designate a State employment
position under this Section, the Governor shall provide in
writing to the Board: the job title and job duties of the
employment position; the name of the State employee currently
in the employment position, if any; the name of the State
agency employing the public employee; and the category under
which the position qualifies for designation under this
Section.
To qualify for designation under this Section, the
employment position must meet one or more of the following
requirements:
(1) it must authorize an employee in that position to
act as a legislative liaison;
(2) it must have a title of, or authorize a person who
holds that position to exercise substantially similar
duties as an, Agency General Counsel, Agency Chief of
Staff, Agency Executive Director, Agency Deputy Director,
Agency Chief Fiscal Officer, Agency Human Resources
Director, Senior Public Service Administrator, Public
Information Officer, or Chief Information Officer;
(3) it must be a Rutan-exempt, as designated by the
employer, position and completely exempt from jurisdiction
B of the Personnel Code;

SB3642 - 37 - LRB101 20589 WGH 70218 b
(4) it must be a term appointed position pursuant to
Section 8b.18 or 8b.19 of the Personnel Code; or
(5) it must authorize an employee in that position to
have significant and independent discretionary authority
as an employee.
Within 60 days after the Governor makes a designation under
this Section, the Board shall determine, in a manner that is
consistent with the requirements of due process, whether the
designation comports with the requirements of this Section.
(c) For the purposes of this Section, a person has
significant and independent discretionary authority as an
employee if he or she (i) is engaged in executive and
management functions of a State agency and charged with the
effectuation of management policies and practices of a State
agency or represents management interests by taking or
recommending discretionary actions that effectively control or
implement the policy of a State agency or (ii) qualifies as a
supervisor of a State agency as that term is defined under
Section 152 of the National Labor Relations Act or any orders
of the National Labor Relations Board interpreting that
provision or decisions of courts reviewing decisions of the
National Labor Relations Board.
(d) The Governor must exercise the authority afforded under
this Section within 365 calendar days after April 5, 2013 (the
effective date of Public Act 97-1172). Any designation made by
the Governor under this Section shall be presumed to have been

SB3642 - 38 - LRB101 20589 WGH 70218 b
properly made.
If the Governor chooses not to designate a position under
this Section, then that decision does not preclude a State
agency from otherwise challenging the certification of that
position under this Act.
The qualifying categories set forth in paragraphs (1)
through (5) of subsection (b) of this Section are operative and
function solely within this Section and do not expand or
restrict the scope of any other provision contained in this
Act.
(e) The provisions of this Section do not apply to any
employee who is employed by a public employer and who is
classified as, or holds the employment title of, Chief
Stationary Engineer, Assistant Chief Stationary Engineer,
Sewage Plant Operator, Water Plant Operator, Stationary
Engineer, Plant Operating Engineer, and any employee who holds
the position of: Civil Engineer V, Civil Engineer VI, Civil
Engineer VII, Technical Manager I, Technical Manager II,
Technical Manager III, Technical Manager IV, Technical Manager
V, Technical Manager VI, Realty Specialist III, Realty
Specialist IV, Realty Specialist V, Technical Advisor I,
Technical Advisor II, Technical Advisor III, Technical Advisor
IV, or Technical Advisor V employed by the Department of
Transportation who is in a position which is certified in a
bargaining unit on or before the effective date of this
amendatory Act of the 98th General Assembly.

SB3642 - 39 - LRB101 20589 WGH 70218 b
(f) The provisions of this Section also do not apply to any
mental health administrator in the Department of Corrections
who is classified as or who holds the position of Public
Service Administrator (Option 8K), any employee of the Office
of the Inspector General in the Department of Human Services
who is classified as or who holds the position of Public
Service Administrator (Option 7), any Deputy of Intelligence in
the Department of Corrections who is classified as or who holds
the position of Public Service Administrator (Option 7), or any
employee of the Illinois Department of State Police who handles
issues concerning the Illinois State Police Sex Offender
Registry and who is classified as or holds the position of
Public Service Administrator (Option 7).
(Source: P.A. 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
(5 ILCS 315/9) (from Ch. 48, par. 1609)
Sec. 9. Elections; recognition.
(a) Whenever in accordance with such regulations as may be
prescribed by the Board a petition has been filed:
(1) by a public employee or group of public employees
or any labor organization acting in their behalf
demonstrating that 30% of the public employees in an
appropriate unit (A) wish to be represented for the
purposes of collective bargaining by a labor organization
as exclusive representative, or (B) asserting that the
labor organization which has been certified or is currently

SB3642 - 40 - LRB101 20589 WGH 70218 b
recognized by the public employer as bargaining
representative is no longer the representative of the
majority of public employees in the unit; or
(2) by a public employer alleging that one or more
labor organizations have presented to it a claim that they
be recognized as the representative of a majority of the
public employees in an appropriate unit,
the Board shall investigate such petition, and if it has
reasonable cause to believe that a question of representation
exists, shall provide for an appropriate hearing upon due
notice. Such hearing shall be held at the offices of the Board
or such other location as the Board deems appropriate. If it
finds upon the record of the hearing that a question of
representation exists, it shall direct an election in
accordance with subsection (d) of this Section, which election
shall be held not later than 120 days after the date the
petition was filed regardless of whether that petition was
filed before or after the effective date of this amendatory Act
of 1987; provided, however, the Board may extend the time for
holding an election by an additional 60 days if, upon motion by
a person who has filed a petition under this Section or is the
subject of a petition filed under this Section and is a party
to such hearing, or upon the Board's own motion, the Board
finds that good cause has been shown for extending the election
date; provided further, that nothing in this Section shall
prohibit the Board, in its discretion, from extending the time

SB3642 - 41 - LRB101 20589 WGH 70218 b
for holding an election for so long as may be necessary under
the circumstances, where the purpose for such extension is to
permit resolution by the Board of an unfair labor practice
charge filed by one of the parties to a representational
proceeding against the other based upon conduct which may
either affect the existence of a question concerning
representation or have a tendency to interfere with a fair and
free election, where the party filing the charge has not filed
a request to proceed with the election; and provided further
that prior to the expiration of the total time allotted for
holding an election, a person who has filed a petition under
this Section or is the subject of a petition filed under this
Section and is a party to such hearing or the Board, may move
for and obtain the entry of an order in the circuit court of
the county in which the majority of the public employees sought
to be represented by such person reside, such order extending
the date upon which the election shall be held. Such order
shall be issued by the circuit court only upon a judicial
finding that there has been a sufficient showing that there is
good cause to extend the election date beyond such period and
shall require the Board to hold the election as soon as is
feasible given the totality of the circumstances. Such 120 day
period may be extended one or more times by the agreement of
all parties to the hearing to a date certain without the
necessity of obtaining a court order. Nothing in this Section
prohibits the waiving of hearings by stipulation for the

SB3642 - 42 - LRB101 20589 WGH 70218 b
purpose of a consent election in conformity with the rules and
regulations of the Board or an election in a unit agreed upon
by the parties. Other interested employee organizations may
intervene in the proceedings in the manner and within the time
period specified by rules and regulations of the Board.
Interested parties who are necessary to the proceedings may
also intervene in the proceedings in the manner and within the
time period specified by the rules and regulations of the
Board.
(a-5) The Board shall designate an exclusive
representative for purposes of collective bargaining when the
representative demonstrates a showing of majority interest by
employees in the unit. If the parties to a dispute are without
agreement on the means to ascertain the choice, if any, of
employee organization as their representative, the Board shall
ascertain the employees' choice of employee organization, on
the basis of dues deduction authorization or other evidence,
or, if necessary, by conducting an election. All evidence
submitted by an employee organization to the Board to ascertain
an employee's choice of an employee organization is
confidential and shall not be submitted to the employer for
review. The Board shall ascertain the employee's choice of
employee organization within 120 days after the filing of the
majority interest petition; however, the Board may extend time
by an additional 60 days, upon its own motion or upon the
motion of a party to the proceeding. If either party provides

SB3642 - 43 - LRB101 20589 WGH 70218 b
to the Board, before the designation of a representative, clear
and convincing evidence that the dues deduction
authorizations, and other evidence upon which the Board would
otherwise rely to ascertain the employees' choice of
representative, are fraudulent or were obtained through
coercion, the Board shall promptly thereafter conduct an
election. The Board shall also investigate and consider a
party's allegations that the dues deduction authorizations and
other evidence submitted in support of a designation of
representative without an election were subsequently changed,
altered, withdrawn, or withheld as a result of employer fraud,
coercion, or any other unfair labor practice by the employer.
If the Board determines that a labor organization would have
had a majority interest but for an employer's fraud, coercion,
or unfair labor practice, it shall designate the labor
organization as an exclusive representative without conducting
an election. If a hearing is necessary to resolve any issues of
representation under this Section, the Board shall conclude its
hearing process and issue a certification of the entire
appropriate unit not later than 120 days after the date the
petition was filed. The 120-day period may be extended one or
more times by the agreement of all parties to a hearing to a
date certain.
(a-6) A labor organization or an employer may file a unit
clarification petition seeking to clarify an existing
bargaining unit. The Board shall conclude its investigation,

SB3642 - 44 - LRB101 20589 WGH 70218 b
including any hearing process deemed necessary, and issue a
certification of clarified unit or dismiss the petition not
later than 120 days after the date the petition was filed. The
120-day period may be extended one or more times by the
agreement of all parties to a hearing to a date certain.
(b) The Board shall decide in each case, in order to assure
public employees the fullest freedom in exercising the rights
guaranteed by this Act, a unit appropriate for the purpose of
collective bargaining, based upon but not limited to such
factors as: historical pattern of recognition; community of
interest including employee skills and functions; degree of
functional integration; interchangeability and contact among
employees; fragmentation of employee groups; common
supervision, wages, hours and other working conditions of the
employees involved; and the desires of the employees. For
purposes of this subsection, fragmentation shall not be the
sole or predominant factor used by the Board in determining an
appropriate bargaining unit. Except with respect to non-State
fire fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers and peace
officers in the Illinois State Department of State Police, a
single bargaining unit determined by the Board may not include
both supervisors and nonsupervisors, except for bargaining
units in existence on the effective date of this Act. With
respect to non-State fire fighters and paramedics employed by
fire departments and fire protection districts, non-State

SB3642 - 45 - LRB101 20589 WGH 70218 b
peace officers and peace officers in the Illinois State
Department of State Police, a single bargaining unit determined
by the Board may not include both supervisors and
nonsupervisors, except for bargaining units in existence on the
effective date of this amendatory Act of 1985.
In cases involving an historical pattern of recognition,
and in cases where the employer has recognized the union as the
sole and exclusive bargaining agent for a specified existing
unit, the Board shall find the employees in the unit then
represented by the union pursuant to the recognition to be the
appropriate unit.
Notwithstanding the above factors, where the majority of
public employees of a craft so decide, the Board shall
designate such craft as a unit appropriate for the purposes of
collective bargaining.
The Board shall not decide that any unit is appropriate if
such unit includes both professional and nonprofessional
employees, unless a majority of each group votes for inclusion
in such unit.
(c) Nothing in this Act shall interfere with or negate the
current representation rights or patterns and practices of
labor organizations which have historically represented public
employees for the purpose of collective bargaining, including
but not limited to the negotiations of wages, hours and working
conditions, discussions of employees' grievances, resolution
of jurisdictional disputes, or the establishment and

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maintenance of prevailing wage rates, unless a majority of
employees so represented express a contrary desire pursuant to
the procedures set forth in this Act.
(d) In instances where the employer does not voluntarily
recognize a labor organization as the exclusive bargaining
representative for a unit of employees, the Board shall
determine the majority representative of the public employees
in an appropriate collective bargaining unit by conducting a
secret ballot election, except as otherwise provided in
subsection (a-5). Within 7 days after the Board issues its
bargaining unit determination and direction of election or the
execution of a stipulation for the purpose of a consent
election, the public employer shall submit to the labor
organization the complete names and addresses of those
employees who are determined by the Board to be eligible to
participate in the election. When the Board has determined that
a labor organization has been fairly and freely chosen by a
majority of employees in an appropriate unit, it shall certify
such organization as the exclusive representative. If the Board
determines that a majority of employees in an appropriate unit
has fairly and freely chosen not to be represented by a labor
organization, it shall so certify. The Board may also revoke
the certification of the public employee organizations as
exclusive bargaining representatives which have been found by a
secret ballot election to be no longer the majority
representative.

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(e) The Board shall not conduct an election in any
bargaining unit or any subdivision thereof within which a valid
election has been held in the preceding 12-month period. The
Board shall determine who is eligible to vote in an election
and shall establish rules governing the conduct of the election
or conduct affecting the results of the election. The Board
shall include on a ballot in a representation election a choice
of "no representation". A labor organization currently
representing the bargaining unit of employees shall be placed
on the ballot in any representation election. In any election
where none of the choices on the ballot receives a majority, a
runoff election shall be conducted between the 2 choices
receiving the largest number of valid votes cast in the
election. A labor organization which receives a majority of the
votes cast in an election shall be certified by the Board as
exclusive representative of all public employees in the unit.
(f) A labor organization shall be designated as the
exclusive representative by a public employer, provided that
the labor organization represents a majority of the public
employees in an appropriate unit. Any employee organization
which is designated or selected by the majority of public
employees, in a unit of the public employer having no other
recognized or certified representative, as their
representative for purposes of collective bargaining may
request recognition by the public employer in writing. The
public employer shall post such request for a period of at

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least 20 days following its receipt thereof on bulletin boards
or other places used or reserved for employee notices.
(g) Within the 20-day period any other interested employee
organization may petition the Board in the manner specified by
rules and regulations of the Board, provided that such
interested employee organization has been designated by at
least 10% of the employees in an appropriate bargaining unit
which includes all or some of the employees in the unit
recognized by the employer. In such event, the Board shall
proceed with the petition in the same manner as provided by
paragraph (1) of subsection (a) of this Section.
(h) No election shall be directed by the Board in any
bargaining unit where there is in force a valid collective
bargaining agreement. The Board, however, may process an
election petition filed between 90 and 60 days prior to the
expiration of the date of an agreement, and may further refine,
by rule or decision, the implementation of this provision.
Where more than 4 years have elapsed since the effective date
of the agreement, the agreement shall continue to bar an
election, except that the Board may process an election
petition filed between 90 and 60 days prior to the end of the
fifth year of such an agreement, and between 90 and 60 days
prior to the end of each successive year of such agreement.
(i) An order of the Board dismissing a representation
petition, determining and certifying that a labor organization
has been fairly and freely chosen by a majority of employees in

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an appropriate bargaining unit, determining and certifying
that a labor organization has not been fairly and freely chosen
by a majority of employees in the bargaining unit or certifying
a labor organization as the exclusive representative of
employees in an appropriate bargaining unit because of a
determination by the Board that the labor organization is the
historical bargaining representative of employees in the
bargaining unit, is a final order. Any person aggrieved by any
such order issued on or after the effective date of this
amendatory Act of 1987 may apply for and obtain judicial review
in accordance with provisions of the Administrative Review Law,
as now or hereafter amended, except that such review shall be
afforded directly in the Appellate Court for the district in
which the aggrieved party resides or transacts business. Any
direct appeal to the Appellate Court shall be filed within 35
days from the date that a copy of the decision sought to be
reviewed was served upon the party affected by the decision.
(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
Section 25. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,

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division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher education
created by the State, the Illinois National Guard, the Illinois
State Guard, the Comprehensive Health Insurance Board, any
poison control center designated under the Poison Control
System Act that receives State funding, or any other agency or
instrumentality of the State. It does not mean any local public
entity as that term is defined in Section 1-206 of the Local
Governmental and Governmental Employees Tort Immunity Act or a
pension fund.
(b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the State,
or of a pension fund; any present or former commissioner or
employee of the Executive Ethics Commission or of the
Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; any present or former member of the
Illinois State Guard while on State active duty; individuals or
organizations who contract with the Department of Corrections,
the Department of Juvenile Justice, the Comprehensive Health
Insurance Board, or the Department of Veterans' Affairs to
provide services; individuals or organizations who contract
with the Department of Human Services (as successor to the

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Department of Mental Health and Developmental Disabilities) to
provide services including but not limited to treatment and
other services for sexually violent persons; individuals or
organizations who contract with the Department of Military
Affairs for youth programs; individuals or organizations who
contract to perform carnival and amusement ride safety
inspections for the Department of Labor; individuals who
contract with the Office of the State's Attorneys Appellate
Prosecutor to provide legal services, but only when performing
duties within the scope of the Office's prosecutorial
activities; individual representatives of or designated
organizations authorized to represent the Office of State
Long-Term Ombudsman for the Department on Aging; individual
representatives of or organizations designated by the
Department on Aging in the performance of their duties as adult
protective services agencies or regional administrative
agencies under the Adult Protective Services Act; individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act;
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing; individuals who serve on any public entity (whether
created by law or administrative action) described in paragraph
(a) of this Section; individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,

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furnish professional advice or consultation to any agency or
instrumentality of the State; individuals who serve as foster
parents for the Department of Children and Family Services when
caring for youth in care as defined in Section 4d of the
Children and Family Services Act; individuals who serve as
members of an independent team of experts under the
Developmental Disability and Mental Health Safety Act (also
known as Brian's Law); and individuals who serve as arbitrators
pursuant to Part 10A of Article II of the Code of Civil
Procedure and the rules of the Supreme Court implementing Part
10A, each as now or hereafter amended; the term "employee" does
not mean an independent contractor except as provided in this
Section. The term includes an individual appointed as an
inspector by the Director of the Illinois State Police when
performing duties within the scope of the activities of a
Metropolitan Enforcement Group or a law enforcement
organization established under the Intergovernmental
Cooperation Act. An individual who renders professional advice
and consultation to the State through an organization which
qualifies as an "employee" under the Act is also an employee.
The term includes the estate or personal representative of an
employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;
101-81, eff. 7-12-19.)

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Section 30. The State Services Assurance Act for FY2008 is
amended by changing Section 3-15 as follows:
(5 ILCS 382/3-15)
Sec. 3-15. Staffing standards. On or before July 1, 2008
each named agency shall increase and maintain the number of
bilingual on-board frontline staff over the levels that it
maintained on June 30, 2007 as follows:
(1) The Department of Corrections shall have at least
40 additional bilingual on-board frontline staff.
(2) Mental health and developmental centers operated
by the Department of Human Services shall have at least 20
additional bilingual on-board frontline staff.
(3) Family and Community Resource Centers operated by
the Department of Human Services shall have at least 100
additional bilingual on-board frontline staff.
(4) The Department of Children and Family Services
shall have at least 40 additional bilingual on-board
frontline staff.
(5) The Department of Veterans' Veterans Affairs shall
have at least 5 additional bilingual on-board frontline
staff.
(6) The Environmental Protection Agency shall have at
least 5 additional bilingual on-board frontline staff.
(7) The Department of Employment Security shall have at

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least 10 additional bilingual on-board frontline staff.
(8) The Department of Natural Resources shall have at
least 5 additional bilingual on-board frontline staff.
(9) The Department of Public Health shall have at least
5 additional bilingual on-board frontline staff.
(10) The Illinois Department of State Police shall have
at least 5 additional bilingual on-board frontline staff.
(11) The Department of Juvenile Justice shall have at
least 25 additional bilingual on-board frontline staff.
(Source: P.A. 95-707, eff. 1-11-08; revised 9-19-16.)
Section 35. The State Officials and Employees Ethics Act is
amended by changing Sections 5-50 and 50-5 as follows:
(5 ILCS 430/5-50)
Sec. 5-50. Ex parte communications; special government
agents.
(a) This Section applies to ex parte communications made to
any agency listed in subsection (e).
(b) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
the agency. "Ex parte communication" does not include the
following: (i) statements by a person publicly made in a public

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forum; (ii) statements regarding matters of procedure and
practice, such as format, the number of copies required, the
manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the agency
head or other employees of that agency.
(b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party
or his or her official representative or attorney shall
promptly be memorialized and made a part of the record.
(c) An ex parte communication received by any agency,
agency head, or other agency employee, other than an ex parte
communication described in subsection (b-5), shall immediately
be reported to that agency's ethics officer by the recipient of
the communication and by any other employee of that agency who
responds to the communication. The ethics officer shall require
that the ex parte communication be promptly made a part of the
record. The ethics officer shall promptly file the ex parte
communication with the Executive Ethics Commission, including
all written communications, all written responses to the
communications, and a memorandum prepared by the ethics officer
stating the nature and substance of all oral communications,
the identity and job title of the person to whom each
communication was made, all responses made, the identity and
job title of the person making each response, the identity of
each person from whom the written or oral ex parte
communication was received, the individual or entity

SB3642 - 56 - LRB101 20589 WGH 70218 b
represented by that person, any action the person requested or
recommended, and any other pertinent information. The
disclosure shall also contain the date of any ex parte
communication.
(d) "Interested party" means a person or entity whose
rights, privileges, or interests are the subject of or are
directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter.
(e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities and Services Review Board
Illinois Workers' Compensation Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Illinois Racing Board
Illinois Purchased Care Review Board
Illinois Department of State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board
Civil Service Commission

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Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department of Employment Security
Department of Insurance
Department of Professional Regulation and licensing boards
under the Department
Department of Public Health and licensing boards under the
Department
Office of Banks and Real Estate and licensing boards under
the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
(f) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information part
of the record, or (iii) make a filing with the Executive Ethics
Commission as required by this Section or as required by
Section 5-165 of the Illinois Administrative Procedure Act
violates this Act.
(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)

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(5 ILCS 430/50-5)
Sec. 50-5. Penalties.
(a) A person is guilty of a Class A misdemeanor if that
person intentionally violates any provision of Section 5-15,
5-30, 5-40, or 5-45 or Article 15.
(a-1) An ethics commission may levy an administrative fine
for a violation of Section 5-45 of this Act of up to 3 times the
total annual compensation that would have been obtained in
violation of Section 5-45.
(b) A person who intentionally violates any provision of
Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
offense subject to a fine of at least $1,001 and up to $5,000.
(c) A person who intentionally violates any provision of
Article 10 is guilty of a business offense and subject to a
fine of at least $1,001 and up to $5,000.
(d) Any person who intentionally makes a false report
alleging a violation of any provision of this Act to an ethics
commission, an inspector general, the Illinois State Police, a
State's Attorney, the Attorney General, or any other law
enforcement official is guilty of a Class A misdemeanor.
(e) An ethics commission may levy an administrative fine of
up to $5,000 against any person who violates this Act, who
intentionally obstructs or interferes with an investigation
conducted under this Act by an inspector general, or who
intentionally makes a false, frivolous, or bad faith
allegation.

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(f) In addition to any other penalty that may apply,
whether criminal or civil, a State employee who intentionally
violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
5-45, or 5-50, Article 10, Article 15, or Section 20-90 or
25-90 is subject to discipline or discharge by the appropriate
ultimate jurisdictional authority.
(g) Any person who violates Section 5-65 is subject to a
fine of up to $5,000 per offense, and is subject to discipline
or discharge by the appropriate ultimate jurisdictional
authority. Each violation of Section 5-65 is a separate
offense. Any penalty imposed by an ethics commission shall be
separate and distinct from any fines or penalties imposed by a
court of law or a State or federal agency.
(h) Any natural person or lobbying entity who intentionally
violates Section 4.7, paragraph (d) of Section 5, or subsection
(a-5) of Section 11 of the Lobbyist Registration Act is guilty
of a business offense and shall be subject to a fine of up to
$5,000. The Executive Ethics Commission, after the
adjudication of a violation of Section 4.7 of the Lobbyist
Registration Act for which an investigation was initiated by
the Inspector General appointed by the Secretary of State under
Section 14 of the Secretary of State Act, is authorized to
strike or suspend the registration under the Lobbyist
Registration Act of any person or lobbying entity for which
that person is employed for a period of up to 3 years. In
addition to any other fine or penalty which may be imposed, the

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Executive Ethics Commission may also levy an administrative
fine of up to $5,000 for a violation specified under this
subsection (h). Any penalty imposed by an ethics commission
shall be separate and distinct from any fines or penalties
imposed by a court of law or by the Secretary of State under
the Lobbyist Registration Act.
(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
Section 40. The Flag Display Act is amended by changing
Section 10 as follows:
(5 ILCS 465/10)
Sec. 10. Death of resident military member, law enforcement
officer, firefighter, or members of EMS crews.
(a) The Governor shall issue an official notice to fly the
following flags at half-staff upon the death of a resident of
this State killed (i) by hostile fire as a member of the United
States armed forces, (ii) in the line of duty as a law
enforcement officer, (iii) in the line of duty as a
firefighter, (iv) in the line of duty as a member of an
Emergency Medical Services (EMS) crew, or (v) during on duty
training for active military duty: the United States national
flag, the State flag of Illinois, and, in the case of the death
of the member of the United States armed forces, the
appropriate military flag as defined in subsection (b) of
Section 18.6 of the Condominium Property Act. Upon the

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Governor's notice, each person or entity required by this Act
to ensure the display of the United States national flag on a
flagstaff shall ensure that the flags described in the notice
are displayed at half-staff on the day designated for the
resident's funeral and the 2 days preceding that day.
(b) The Department of Veterans' Affairs shall notify the
Governor of the death by hostile fire of an Illinois resident
member of the United States armed forces. In lieu of notice
being provided by the Department of Veterans' Affairs, any
other State or Federal entity, agency, or person holding such
information may notify the Governor of the death by hostile
fire of an Illinois resident member of the United States armed
forces. If such notice is provided to the Governor by an
entity, agency, or person other than the Department of
Veterans' Affairs, then the obligation to notify the Governor
of an Illinois resident soldier's death under this subsection
(b) shall be considered fulfilled. The Illinois Department of
State Police shall notify the Governor of the death in the line
of duty of an Illinois resident law enforcement officer. The
Office of the State Fire Marshal shall notify the Governor of
the death in the line of duty of an Illinois resident
firefighter. The Department of Public Health shall notify the
Governor of the death in the line of duty of an Illinois
resident member of an Emergency Medical Services (EMS) crew.
Notice to the Governor shall include at least the resident's
name and Illinois address, the date designated for the funeral,

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and the circumstances of the death.
(c) For the purpose of this Section, the United States
armed forces includes: (i) the United States Army, Navy, Marine
Corps, Air Force, and Coast Guard; (ii) any reserve component
of each of the forces listed in item (i); and (iii) the
National Guard.
(d) Nothing in this Section requires the removal or
relocation of any existing flags currently displayed in the
State. This Section does not apply to a State facility if the
requirements of this Section cannot be satisfied without a
physical modification to that facility.
(Source: P.A. 99-372, eff. 1-1-16; 100-33, eff. 1-1-18;
100-201, eff. 8-18-17.)
Section 50. The Seizure and Forfeiture Reporting Act is
amended by changing Sections 10 and 15 as follows:
(5 ILCS 810/10)
Sec. 10. Reporting by law enforcement agency.
(a) Each law enforcement agency that seizes property
subject to reporting under this Act shall report the following
information about property seized or forfeited under State law:
(1) the name of the law enforcement agency that seized
the property;
(2) the date of the seizure;
(3) the type of property seized, including a building,

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vehicle, boat, cash, negotiable security, or firearm,
except reporting is not required for seizures of contraband
including alcohol, gambling devices, drug paraphernalia,
and controlled substances;
(4) a description of the property seized and the
estimated value of the property and if the property is a
conveyance, the description shall include the make, model,
year, and vehicle identification number or serial number;
and
(5) the location where the seizure occurred.
The filing requirement shall be met upon filing Illinois
State Police Notice/Inventory of Seized Property (Form 4-64)
with the State's Attorney's Office in the county where the
forfeiture action is being commenced or with the Attorney
General's Office if the forfeiture action is being commenced by
that office, and the forwarding of Form 4-64 upon approval of
the State's Attorney's Office or the Attorney General's Office
to the Illinois Department of State Police Asset Forfeiture
Section. With regard to seizures for which Form 4-64 is not
required to be filed, the filing requirement shall be met by
the filing of an annual summary report with the Illinois
Department of State Police no later than 60 days after December
31 of that year.
(b) Each law enforcement agency, including a drug task
force or Metropolitan Enforcement Group (MEG) unit, that
receives proceeds from forfeitures subject to reporting under

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this Act shall file an annual report with the Illinois
Department of State Police no later than 60 days after December
31 of that year. The format of the report shall be developed by
the Illinois Department of State Police and shall be completed
by the law enforcement agency. The report shall include, at a
minimum, the amount of funds and other property distributed to
the law enforcement agency by the Illinois Department of State
Police, the amount of funds expended by the law enforcement
agency, and the category of expenditure, including:
(1) crime, gang, or abuse prevention or intervention
programs;
(2) compensation or services for crime victims;
(3) witness protection, informant fees, and controlled
purchases of contraband;
(4) salaries, overtime, and benefits, as permitted by
law;
(5) operating expenses, including but not limited to,
capital expenditures for vehicles, firearms, equipment,
computers, furniture, office supplies, postage, printing,
membership fees paid to trade associations, and fees for
professional services including auditing, court reporting,
expert witnesses, and attorneys;
(6) travel, meals, entertainment, conferences,
training, and continuing education seminars; and
(7) other expenditures of forfeiture proceeds.
(c) The Illinois Department of State Police shall establish

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and maintain on its official website a public database that
includes annual aggregate data for each law enforcement agency
that reports seizures of property under subsection (a) of this
Section, that receives distributions of forfeiture proceeds
subject to reporting under this Act, or reports expenditures
under subsection (b) of this Section. This aggregate data shall
include, for each law enforcement agency:
(1) the total number of asset seizures reported by each
law enforcement agency during the calendar year;
(2) the monetary value of all currency or its
equivalent seized by the law enforcement agency during the
calendar year;
(3) the number of conveyances seized by the law
enforcement agency during the calendar year, and the
aggregate estimated value;
(4) the aggregate estimated value of all other property
seized by the law enforcement agency during the calendar
year;
(5) the monetary value of distributions by the Illinois
Department of State Police of forfeited currency or auction
proceeds from forfeited property to the law enforcement
agency during the calendar year; and
(6) the total amount of the law enforcement agency's
expenditures of forfeiture proceeds during the calendar
year, categorized as provided under subsection (b) of this
Section.

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The database shall not provide names, addresses, phone
numbers, or other personally identifying information of owners
or interest holders, persons, business entities, covert office
locations, or business entities involved in the forfeiture
action and shall not disclose the vehicle identification number
or serial number of any conveyance.
(d) The Illinois Department of State Police shall adopt
rules to administer the asset forfeiture program, including the
categories of authorized expenditures consistent with the
statutory guidelines for each of the included forfeiture
statutes, the use of forfeited funds, other expenditure
requirements, and the reporting of seizure and forfeiture
information. The Illinois State Police Department may adopt
rules necessary to implement this Act through the use of
emergency rulemaking under Section 5-45 of the Illinois
Administrative Procedure Act for a period not to exceed 180
days after the effective date of this Act.
(e) The Illinois Department of State Police shall have
authority and oversight over all law enforcement agencies
receiving forfeited funds from the Illinois State Police
Department. This authority shall include enforcement of rules
and regulations adopted by the Illinois State Police Department
and sanctions for violations of any rules and regulations,
including the withholding of distributions of forfeiture
proceeds from the law enforcement agency in violation.
(f) Upon application by a law enforcement agency to the

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Illinois Department of State Police, the reporting of a
particular asset forfeited under this Section may be delayed if
the asset in question was seized from a person who has become a
confidential informant under the agency's confidential
informant policy, or if the asset was seized as part of an
ongoing investigation. This delayed reporting shall be granted
by the Illinois Department of State Police for a maximum period
of 6 months if the confidential informant is still providing
cooperation to law enforcement or the investigation is still
ongoing, after which the asset shall be reported as required
under this Act.
(g) The Illinois Department of State Police shall, on or
before January 1, 2019, establish and implement the
requirements of this Act. In order to implement the reporting
and public database requirements under this Act, the Illinois
Department of State Police Asset Forfeiture Section requires a
one-time upgrade of its information technology software and
hardware. This one-time upgrade shall be funded by a temporary
allocation of 5% of all forfeited currency and 5% of the
auction proceeds from each forfeited asset, which are to be
distributed after the effective date of this Act. The Illinois
Department of State Police shall transfer these funds at the
time of distribution to a separate fund established by the
Illinois Department of State Police. Moneys deposited in this
fund shall be accounted for and shall be used only to pay for
the actual one-time cost of purchasing and installing the

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hardware and software required to comply with this new
reporting and public database requirement. Moneys deposited in
the fund shall not be subject to reappropriation, reallocation,
or redistribution for any other purpose. After sufficient funds
are transferred to the fund to cover the actual one-time cost
of purchasing and installing the hardware and software required
to comply with this new reporting and public database
requirement, no additional funds shall be transferred to the
fund for any purpose. At the completion of the one-time upgrade
of the information technology hardware and software to comply
with this new reporting and public database requirement, any
remaining funds in the fund shall be returned to the
participating agencies under the distribution requirements of
the statutes from which the funds were transferred, and the
fund shall no longer exist.
(h)(1) The Illinois Department of State Police, in
consultation with and subject to the approval of the Chief
Procurement Officer, may procure a single contract or multiple
contracts to implement this Act.
(2) A contract or contracts under this subsection (h) are
not subject to the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required
under Article 50 of the Illinois Procurement Code. The
provisions of this paragraph (2), other than this sentence, are

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inoperative on and after July 1, 2019.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(5 ILCS 810/15)
Sec. 15. Fund audits.
(a) The Auditor General shall conduct, as a part of its
2-year compliance audit, an audit of the State Asset Forfeiture
Fund for compliance with the requirements of this Act. The
audit shall include, but not be limited to, the following
determinations:
(1) if detailed records of all receipts and
disbursements from the State Asset Forfeiture Fund are
being maintained;
(2) if administrative costs charged to the fund are
adequately documented and are reasonable; and
(3) if the procedures for making disbursements under
the Act are adequate.
(b) The Illinois Department of State Police, and any other
entity or person that may have information relevant to the
audit, shall cooperate fully and promptly with the Office of
the Auditor General in conducting the audit. The Auditor
General shall begin the audit during the next regular 2-year
compliance audit of the Illinois Department of State Police and
distribute the report upon completion under Section 3-14 of the
Illinois State Auditing Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

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Section 55. The Law Enforcement Criminal Sexual Assault
Investigation Act is amended by changing Section 10 as follows:
(5 ILCS 815/10)
Sec. 10. Investigation of officer-involved criminal
assault; requirements.
(a) Each law enforcement agency shall have a written policy
regarding the investigation of officer-involved criminal
sexual assault that involves a law enforcement officer employed
by that law enforcement agency.
(b) Each officer-involved criminal sexual assault
investigation shall be conducted by at least 2 investigators or
an entity comprised of at least 2 investigators, one of whom
shall be the lead investigator. The investigators shall have
completed a specialized sexual assault and sexual abuse
investigation training program approved by the Illinois Law
Enforcement Training Standards Board or similar training
approved by the Illinois Department of State Police. No
investigator involved in the investigation may be employed by
the law enforcement agency that employs the officer involved in
the officer-involved criminal sexual assault, unless the
investigator is employed by the Illinois Department of State
Police or a municipality with a population over 1,000,000 and
is not assigned to the same division or unit as the officer
involved in the criminal sexual assault.

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(c) Upon receipt of an allegation or complaint of an
officer-involved criminal sexual assault, a municipality with
a population over 1,000,000 shall promptly notify an
independent agency, created by ordinance of the municipality,
tasked with investigating incidents of police misconduct.
(Source: P.A. 100-515, eff. 1-1-18.)
Section 60. The Community-Law Enforcement Partnership for
Deflection and Substance Use Disorder Treatment Act is amended
by changing Section 10 as follows:
(5 ILCS 820/10)
Sec. 10. Definitions. In this Act:
"Case management" means those services which will assist
persons in gaining access to needed social, educational,
medical, substance use and mental health treatment, and other
services.
"Community member or organization" means an individual
volunteer, resident, public office, or a not-for-profit
organization, religious institution, charitable organization,
or other public body committed to the improvement of individual
and family mental and physical well-being and the overall
social welfare of the community, and may include persons with
lived experience in recovery from substance use disorder,
either themselves or as family members.
"Deflection program" means a program in which a peace

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officer or member of a law enforcement agency facilitates
contact between an individual and a licensed substance use
treatment provider or clinician for assessment and
coordination of treatment planning. This facilitation includes
defined criteria for eligibility and communication protocols
agreed to by the law enforcement agency and the licensed
treatment provider for the purpose of providing substance use
treatment to those persons in lieu of arrest or further justice
system involvement. Deflection programs may include, but are
not limited to, the following types of responses:
(1) a post-overdose deflection response initiated by a
peace officer or law enforcement agency subsequent to
emergency administration of medication to reverse an
overdose, or in cases of severe substance use disorder with
acute risk for overdose;
(2) a self-referral deflection response initiated by
an individual by contacting a peace officer or law
enforcement agency in the acknowledgment of their
substance use or disorder;
(3) an active outreach deflection response initiated
by a peace officer or law enforcement agency as a result of
proactive identification of persons thought likely to have
a substance use disorder;
(4) an officer prevention deflection response
initiated by a peace officer or law enforcement agency in
response to a community call when no criminal charges are

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present; and
(5) an officer intervention deflection response when
criminal charges are present but held in abeyance pending
engagement with treatment.
"Law enforcement agency" means a municipal police
department or county sheriff's office of this State, the
Illinois Department of State Police, or other law enforcement
agency whose officers, by statute, are granted and authorized
to exercise powers similar to those conferred upon any peace
officer employed by a law enforcement agency of this State.
"Licensed treatment provider" means an organization
licensed by the Department of Human Services to perform an
activity or service, or a coordinated range of those activities
or services, as the Department of Human Services may establish
by rule, such as the broad range of emergency, outpatient,
intensive outpatient, and residential services and care,
including assessment, diagnosis, case management, medical,
psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support, which may be extended to persons to assess or
treat substance use disorder or to families of those persons.
"Peace officer" means any peace officer or member of any
duly organized State, county, or municipal peace officer unit,
any police force of another State, or any police force whose
members, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer

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employed by a law enforcement agency of this State.
"Substance use disorder" means a pattern of use of alcohol
or other drugs leading to clinical or functional impairment, in
accordance with the definition in the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), or in any
subsequent editions.
"Treatment" means the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care (including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support) which may be extended to persons who have
substance use disorders, persons with mental illness, or
families of those persons.
(Source: P.A. 100-1025, eff. 1-1-19.)
Section 65. The Gun Trafficking Information Act is amended
by changing Section 10-5 as follows:
(5 ILCS 830/10-5)
Sec. 10-5. Gun trafficking information.
(a) The Illinois Department of State Police shall use all
reasonable efforts in making publicly available, on a regular
and ongoing basis, key information related to firearms used in
the commission of crimes in this State, including, but not
limited to: reports on crimes committed with firearms,

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locations where the crimes occurred, the number of persons
killed or injured in the commission of the crimes, the state
where the firearms used originated, the Federal Firearms
Licensee that sold the firearm, and the type of firearms used.
The Illinois State Police Department shall make the information
available on its website, in addition to electronically filing
a report with the Governor and the General Assembly. The report
to the General Assembly shall be filed with the Clerk of the
House of Representatives and the Secretary of the Senate in
electronic form only, in the manner that the Clerk and the
Secretary shall direct.
(b) The Illinois State Police Department shall study, on a
regular and ongoing basis, and compile reports on the number of
Firearm Owner's Identification Card checks to determine
firearms trafficking or straw purchase patterns. The Illinois
State Police Department shall, to the extent not inconsistent
with law, share such reports and underlying data with academic
centers, foundations, and law enforcement agencies studying
firearms trafficking, provided that personally identifying
information is protected. For purposes of this subsection (b),
a Firearm Owner's Identification Card number is not personally
identifying information, provided that no other personal
information of the card holder is attached to the record. The
Illinois State Police Department may create and attach an
alternate unique identifying number to each Firearm Owner's
Identification Card number, instead of releasing the Firearm

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Owner's Identification Card number itself.
(c) Each department, office, division, and agency of this
State shall, to the extent not inconsistent with law, cooperate
fully with the Illinois State Police Department and furnish the
Illinois State Police Department with all relevant information
and assistance on a timely basis as is necessary to accomplish
the purpose of this Act. The Illinois Criminal Justice
Information Authority shall submit the information required in
subsection (a) of this Section to the Illinois Department of
State Police, and any other information as the Illinois State
Police Department may request, to assist the Illinois State
Police Department in carrying out its duties under this Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
Section 70. The Keep Illinois Families Together Act is
amended by changing Section 5 as follows:
(5 ILCS 835/5)
Sec. 5. Public safety.
(a) In this Section:
"Law enforcement agency" means an agency in this State
charged with enforcement of State, county, or municipal laws or
with managing custody of detained persons in the State,
including municipal police departments, sheriff's departments,
campus police departments, the Illinois Department of State
Police, and the Department of Juvenile Justice.

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"Law enforcement official" means any officer or other agent
of a State or local law enforcement agency authorized to
enforce criminal laws, rules, regulations, or local ordinances
or operate jails, correctional facilities, or juvenile
detention facilities or to maintain custody of individuals in
jails, correctional facilities, or juvenile detention
facilities also including any school resource officer or other
police or security officer assigned to any public school,
including any public pre-school and other early learning
program, public elementary and secondary school, or public
institution of higher education.
(b) On or after the effective date of this Act, no law
enforcement agency or official may enter into or remain in an
agreement with U.S. Immigration and Customs Enforcement under a
federal 287(g) program.
(c) Nothing in this Section shall preclude a law
enforcement official from otherwise executing that official's
duties in ensuring public safety.
(Source: P.A. 101-19, eff. 6-21-19.)
Section 72. The First Responders Suicide Prevention Act is
amended by changing Section 30 as follows:
(5 ILCS 840/30)
Sec. 30. First Responders Suicide Task Force.
(a) The First Responders Suicide Task Force is created to

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pursue recommendations to help reduce the risk and rates of
suicide among first responders, along with developing a
mechanism to help reduce the risk and rates of suicide among
first responders. The Task Force shall be composed of the
following members:
(1) the Director of the Illinois State Police or his or
her designee;
(2) the Director of Public Health or his or her
designee;
(3) 2 members of the House of Representatives appointed
by the Speaker of the House of Representatives, one of whom
shall serve as co-chair;
(4) 2 members of the House of Representatives appointed
by the Minority Leader of the House of Representatives;
(5) 2 members of the Senate appointed by the President
of the Senate, one of whom shall serve as co-chair;
(6) 2 members of the Senate appointed by the Minority
Leader of the Senate;
(7) 2 members who represent 2 different mental health
organizations, one appointed by the Minority Leader of the
House of Representatives and one appointed by the Minority
Leader of the Senate;
(8) one member who represents an organization that
advocates on behalf of police appointed by the Speaker of
the House of Representatives;
(9) one member who represents the Chicago Police

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Department appointed by the Minority Leader of the House of
Representatives;
(10) 2 members who represent organizations that
advocate on behalf of firefighters appointed by the
President of the Senate;
(11) one member who represents the Chicago Fire
Department appointed by the Minority Leader of the Senate;
and
(12) one member who represents an organization that
advocates on behalf of sheriffs in the State of Illinois
appointed by the President of the Senate.
(b) Members of the Task Force shall be appointed within 30
days after the effective date of this Act and shall serve
without compensation. The Task Force shall begin meeting no
later than 30 days after all members have been appointed. The
Illinois Department of State Police shall provide
administrative support for the Task Force, and if the subject
matter is either sensitive or classified, the Task Force may
hold its hearings in private.
(c) The Task Force shall issue a final report to the
General Assembly on or December 31, 2020 and, one year after
the filing of its report, is dissolved.
(Source: P.A. 101-375, eff. 8-16-19.)
Section 75. The Executive Reorganization Implementation
Act is amended by changing Section 3.1 as follows:

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(15 ILCS 15/3.1)
Sec. 3.1. "Agency directly responsible to the Governor" or
"agency" means any office, officer, division, or part thereof,
and any other office, nonelective officer, department,
division, bureau, board, or commission in the executive branch
of State government, except that it does not apply to any
agency whose primary function is service to the General
Assembly or the Judicial Branch of State government, or to any
agency administered by the Attorney General, Secretary of
State, State Comptroller or State Treasurer. In addition the
term does not apply to the following agencies created by law
with the primary responsibility of exercising regulatory or
adjudicatory functions independently of the Governor:
(1) the State Board of Elections;
(2) the State Board of Education;
(3) the Illinois Commerce Commission;
(4) the Illinois Workers' Compensation Commission;
(5) the Civil Service Commission;
(6) the Fair Employment Practices Commission;
(7) the Pollution Control Board;
(8) the Illinois Department of State Police Merit Board;
(9) the Illinois Racing Board;
(10) the Illinois Power Agency;
(11) the Illinois Law Enforcement Training Standards
Board; and

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(12) the Illinois Liquor Control Commission.
(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;
101-81, eff. 7-12-19.)
Section 80. The Secretary of State Act is amended by
changing Sections 13 and 13.5 as follows:
(15 ILCS 305/13) (from Ch. 124, par. 10.3)
Sec. 13. Whenever the Secretary of State is authorized or
required by law to consider some aspect of criminal history
record information for the purpose of carrying out his
statutory powers and responsibilities, then, upon request and
payment of fees in conformance with the requirements of Section
2605-400 of the Illinois Department of State Police Law (20
ILCS 2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
(15 ILCS 305/13.5)
Sec. 13.5. Illinois Department of State Police access to
driver's license and identification card photographs. The
Secretary of State shall allow the Illinois Department of State
Police to access the driver's license or Illinois
Identification card photograph, if available, of an applicant

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for a firearm concealed carry license under the Firearm
Concealed Carry Act for the purpose of identifying the firearm
concealed carry license applicant and issuing a license to the
applicant.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 85. The Secretary of State Merit Employment Code is
amended by changing Section 10b.1 as follows:
(15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
Sec. 10b.1. Competitive examinations.
(a) For open competitive examinations to test the relative
fitness of applicants for the respective positions. Tests shall
be designed to eliminate those who are not qualified for
entrance into the Office of the Secretary of State and to
discover the relative fitness of those who are qualified. The
Director may use any one of or any combination of the following
examination methods which in his judgment best serves this end:
investigation of education and experience; test of cultural
knowledge; test of capacity; test of knowledge; test of manual
skill; test of linguistic ability; test of character; test of
physical skill; test of psychological fitness. No person with a
record of misdemeanor convictions except those under Sections
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,

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32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
11-14.3, and sub-sections 1, 6 and 8 of Section 24-1 of the
Criminal Code of 1961 or the Criminal Code of 2012, or arrested
for any cause but not convicted thereon shall be disqualified
from taking such examinations or subsequent appointment unless
the person is attempting to qualify for a position which would
give him the powers of a peace officer, in which case the
person's conviction or arrest record may be considered as a
factor in determining the person's fitness for the position.
All examinations shall be announced publicly at least 2 weeks
in advance of the date of examinations and may be advertised
through the press, radio or other media.
The Director may, at his discretion, accept the results of
competitive examinations conducted by any merit system
established by Federal law or by the law of any State, and may
compile eligible lists therefrom or may add the names of
successful candidates in examinations conducted by those merit
systems to existing eligible lists in accordance with their
respective ratings. No person who is a non-resident of the
State of Illinois may be appointed from those eligible lists,
however, unless the requirement that applicants be residents of
the State of Illinois is waived by the Director of Personnel
and unless there are less than 3 Illinois residents available
for appointment from the appropriate eligible list. The results
of the examinations conducted by other merit systems may not be
used unless they are comparable in difficulty and

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comprehensiveness to examinations conducted by the Department
of Personnel for similar positions. Special linguistic options
may also be established where deemed appropriate.
(b) The Director of Personnel may require that each person
seeking employment with the Secretary of State, as part of the
application process, authorize an investigation to determine
if the applicant has ever been convicted of a crime and if so,
the disposition of those convictions; this authorization shall
indicate the scope of the inquiry and the agencies which may be
contacted. Upon this authorization, the Director of Personnel
may request and receive information and assistance from any
federal, state or local governmental agency as part of the
authorized investigation. The investigation shall be
undertaken after the fingerprinting of an applicant in the form
and manner prescribed by the Illinois Department of State
Police. The investigation shall consist of a criminal history
records check performed by the Illinois Department of State
Police and the Federal Bureau of Investigation, or some other
entity that has the ability to check the applicant's
fingerprints against the fingerprint records now and hereafter
filed in the Illinois Department of State Police and Federal
Bureau of Investigation criminal history records databases. If
the Illinois Department of State Police and the Federal Bureau
of Investigation conduct an investigation directly for the
Secretary of State's Office, then the Illinois Department of
State Police shall charge a fee for conducting the criminal

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history records check, which shall be deposited in the State
Police Services Fund and shall not exceed the actual cost of
the records check. The Illinois Department of State Police
shall provide information concerning any criminal convictions,
and their disposition, brought against the applicant or
prospective employee of the Secretary of State upon request of
the Department of Personnel when the request is made in the
form and manner required by the Illinois Department of State
Police. The information derived from this investigation,
including the source of this information, and any conclusions
or recommendations derived from this information by the
Director of Personnel shall be provided to the applicant or
prospective employee, or his designee, upon request to the
Director of Personnel prior to any final action by the Director
of Personnel on the application. No information obtained from
such investigation may be placed in any automated information
system. Any criminal convictions and their disposition
information obtained by the Director of Personnel shall be
confidential and may not be transmitted outside the Office of
the Secretary of State, except as required herein, and may not
be transmitted to anyone within the Office of the Secretary of
State except as needed for the purpose of evaluating the
application. The only physical identity materials which the
applicant or prospective employee can be required to provide
the Director of Personnel are photographs or fingerprints;
these shall be returned to the applicant or prospective

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employee upon request to the Director of Personnel, after the
investigation has been completed and no copy of these materials
may be kept by the Director of Personnel or any agency to which
such identity materials were transmitted. Only information and
standards which bear a reasonable and rational relation to the
performance of an employee shall be used by the Director of
Personnel. The Secretary of State shall adopt rules and
regulations for the administration of this Section. Any
employee of the Secretary of State who gives or causes to be
given away any confidential information concerning any
criminal convictions and their disposition of an applicant or
prospective employee shall be guilty of a Class A misdemeanor
unless release of such information is authorized by this
Section.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
Section 95. The Civil Administrative Code of Illinois is
amended by changing Sections 1-5, 5-15, 5-20, 5-410, and 5-715
as follows:
(20 ILCS 5/1-5)
Sec. 1-5. Articles. The Civil Administrative Code of
Illinois consists of the following Articles:
Article 1. General Provisions (20 ILCS 5/1-1 and
following).
Article 5. Departments of State Government Law (20 ILCS

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5/5-1 and following).
Article 50. State Budget Law (15 ILCS 20/).
Article 110. Department on Aging Law (20 ILCS 110/).
Article 205. Department of Agriculture Law (20 ILCS 205/).
Article 250. State Fair Grounds Title Law (5 ILCS 620/).
Article 310. Department of Human Services (Alcoholism and
Substance Abuse) Law (20 ILCS 310/).
Article 405. Department of Central Management Services Law
(20 ILCS 405/).
Article 510. Department of Children and Family Services
Powers Law (20 ILCS 510/).
Article 605. Department of Commerce and Economic
Opportunity Law (20 ILCS 605/).
Article 805. Department of Natural Resources
(Conservation) Law (20 ILCS 805/).
Article 1005. Department of Employment Security Law (20
ILCS 1005/).
Article 1405. Department of Insurance Law (20 ILCS 1405/).
Article 1505. Department of Labor Law (20 ILCS 1505/).
Article 1710. Department of Human Services (Mental Health
and Developmental Disabilities) Law (20 ILCS 1710/).
Article 1905. Department of Natural Resources (Mines and
Minerals) Law (20 ILCS 1905/).
Article 2105. Department of Professional Regulation Law
(20 ILCS 2105/).
Article 2205. Department of Healthcare and Family Services

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Law (20 ILCS 2205/).
Article 2310. Department of Public Health Powers and Duties
Law (20 ILCS 2310/).
Article 2505. Department of Revenue Law (20 ILCS 2505/).
Article 2510. Certified Audit Program Law (20 ILCS 2510/).
Article 2605. Illinois Department of State Police Law (20
ILCS 2605/).
Article 2705. Department of Transportation Law (20 ILCS
2705/).
Article 3000. University of Illinois Exercise of Functions
and Duties Law (110 ILCS 355/).
(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
(20 ILCS 5/5-15) (was 20 ILCS 5/3)
Sec. 5-15. Departments of State government. The
Departments of State government are created as follows:
The Department on Aging.
The Department of Agriculture.
The Department of Central Management Services.
The Department of Children and Family Services.
The Department of Commerce and Economic Opportunity.
The Department of Corrections.
The Department of Employment Security.
The Illinois Emergency Management Agency.
The Department of Financial and Professional Regulation.
The Department of Healthcare and Family Services.

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The Department of Human Rights.
The Department of Human Services.
The Department of Innovation and Technology.
The Department of Insurance.
The Department of Juvenile Justice.
The Department of Labor.
The Department of the Lottery.
The Department of Natural Resources.
The Department of Public Health.
The Department of Revenue.
The Illinois Department of State Police.
The Department of Transportation.
The Department of Veterans' Affairs.
(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-20) (was 20 ILCS 5/4)
Sec. 5-20. Heads of departments. Each department shall have
an officer as its head who shall be known as director or
secretary and who shall, subject to the provisions of the Civil
Administrative Code of Illinois, execute the powers and
discharge the duties vested by law in his or her respective
department.
The following officers are hereby created:
Director of Aging, for the Department on Aging.
Director of Agriculture, for the Department of
Agriculture.

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Director of Central Management Services, for the
Department of Central Management Services.
Director of Children and Family Services, for the
Department of Children and Family Services.
Director of Commerce and Economic Opportunity, for the
Department of Commerce and Economic Opportunity.
Director of Corrections, for the Department of
Corrections.
Director of the Illinois Emergency Management Agency, for
the Illinois Emergency Management Agency.
Director of Employment Security, for the Department of
Employment Security.
Secretary of Financial and Professional Regulation, for
the Department of Financial and Professional Regulation.
Director of Healthcare and Family Services, for the
Department of Healthcare and Family Services.
Director of Human Rights, for the Department of Human
Rights.
Secretary of Human Services, for the Department of Human
Services.
Secretary of Innovation and Technology, for the Department
of Innovation and Technology.
Director of Insurance, for the Department of Insurance.
Director of Juvenile Justice, for the Department of
Juvenile Justice.
Director of Labor, for the Department of Labor.

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Director of the Lottery, for the Department of the Lottery.
Director of Natural Resources, for the Department of
Natural Resources.
Director of Public Health, for the Department of Public
Health.
Director of Revenue, for the Department of Revenue.
Director of the Illinois State Police, for the Illinois
Department of State Police.
Secretary of Transportation, for the Department of
Transportation.
Director of Veterans' Affairs, for the Department of
Veterans' Affairs.
(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-410) (was 20 ILCS 5/9.11)
Sec. 5-410. In the Illinois Department of State Police. For
terms ending before December 31, 2019, the Director of the
Illinois State Police shall receive an annual salary as set by
the Compensation Review Board.
For terms ending before December 31, 2019, the Assistant
Director of State Police shall receive an annual salary as set
by the Compensation Review Board.
(Source: P.A. 100-1179, eff. 1-18-19.)
(20 ILCS 5/5-715)
Sec. 5-715. Expedited licensure for service members and

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spouses.
(a) In this Section, "service member" means any person who,
at the time of application under this Section, is an active
duty member of the United States Armed Forces or any reserve
component of the United States Armed Forces, the Coast Guard,
or the National Guard of any state, commonwealth, or territory
of the United States or the District of Columbia or whose
active duty service concluded within the preceding 2 years
before application.
(a-5) The Department of Financial and Professional
Regulation shall within 180 days after the effective date of
this amendatory Act of the 101st General Assembly designate one
staff member as the military liaison within the Department of
Financial and Professional Regulation to ensure proper
enactment of the requirements of this Section. The military
liaison's responsibilities shall also include, but are not
limited to: (1) the management of all expedited applications to
ensure processing within 60 days after receipt of a completed
application; (2) coordination with all military installation
military and family support center directors within this State,
including virtual, phone, or in-person periodic meetings with
each military installation military and family support center;
and (3) training by the military liaison to all directors of
each division that issues an occupational or professional
license to ensure proper application of this Section. Beginning
in 2020, and at the end of each calendar year thereafter, the

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military liaison shall provide an annual report documenting the
expedited licensure program for service members and spouses,
and shall deliver that report to the Secretary of Financial and
Professional Regulation and the Lieutenant Governor.
(b) Each director of a department that issues an
occupational or professional license is authorized to and shall
issue an expedited license to a service member who meets the
requirements under this Section. Review and determination of an
application for a license issued by the department shall be
expedited by the department within 60 days after the date on
which the applicant provides the department with all necessary
documentation required for licensure. An expedited license
shall be issued by the department to any service members
meeting the application requirements of this Section,
regardless of whether the service member currently resides in
this State. The service member shall apply to the department on
forms provided by the department. An application must include
proof that:
(1) the applicant is a service member;
(2) the applicant holds a valid license in good
standing for the occupation or profession issued by another
state, commonwealth, possession, or territory of the
United States, the District of Columbia, or any foreign
jurisdiction and the requirements for licensure in the
other jurisdiction are determined by the department to be
substantially equivalent to the standards for licensure of

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this State;
(3) the applicant is assigned to a duty station in this
State, has established legal residence in this State, or
will reside in this State within 6 months after the date of
application;
(4) a complete set of the applicant's fingerprints has
been submitted to the Illinois Department of State Police
for statewide and national criminal history checks, if
applicable to the requirements of the department issuing
the license; the applicant shall pay the fee to the
Illinois Department of State Police or to the fingerprint
vendor for electronic fingerprint processing; no temporary
occupational or professional license shall be issued to an
applicant if the statewide or national criminal history
check discloses information that would cause the denial of
an application for licensure under any applicable
occupational or professional licensing Act;
(5) the applicant is not ineligible for licensure
pursuant to Section 2105-165 of the Civil Administrative
Code of Illinois;
(6) the applicant has submitted an application for full
licensure; and
(7) the applicant has paid the required fee; fees shall
not be refundable.
(c) Each director of a department that issues an
occupational or professional license is authorized to and shall

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issue an expedited license to the spouse of a service member
who meets the requirements under this Section. Review and
determination of an application for a license shall be
expedited by the department within 60 days after the date on
which the applicant provides the department with all necessary
documentation required for licensure. An expedited license
shall be issued by the department to any spouse of a service
member meeting the application requirements of this Section,
regardless of whether the spouse or the service member
currently reside in this State. The spouse of a service member
shall apply to the department on forms provided by the
department. An application must include proof that:
(1) the applicant is the spouse of a service member;
(2) the applicant holds a valid license in good
standing for the occupation or profession issued by another
state, commonwealth, possession, or territory of the
United States, the District of Columbia, or any foreign
jurisdiction and the requirements for licensure in the
other jurisdiction are determined by the department to be
substantially equivalent to the standards for licensure of
this State;
(3) the applicant's spouse is assigned to a duty
station in this State, has established legal residence in
this State, or will reside in this State within 6 months
after the date of application;
(4) a complete set of the applicant's fingerprints has

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been submitted to the Illinois Department of State Police
for statewide and national criminal history checks, if
applicable to the requirements of the department issuing
the license; the applicant shall pay the fee to the
Illinois Department of State Police or to the fingerprint
vendor for electronic fingerprint processing; no temporary
occupational or professional license shall be issued to an
applicant if the statewide or national criminal history
check discloses information that would cause the denial of
an application for licensure under any applicable
occupational or professional licensing Act;
(5) the applicant is not ineligible for licensure
pursuant to Section 2105-165 of the Civil Administrative
Code of Illinois;
(6) the applicant has submitted an application for full
licensure; and
(7) the applicant has paid the required fee; fees shall
not be refundable.
(c-5) If a service member or his or her spouse relocates
from this State, he or she shall be provided an opportunity to
place his or her license in inactive status through
coordination with the military liaison. If the service member
or his or her spouse returns to this State, he or she may
reactivate the license in accordance with the statutory
provisions regulating the profession and any applicable
administrative rules. The license reactivation shall be

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expedited and completed within 30 days after receipt of a
completed application to reactivate the license. A license
reactivation is only applicable when the valid license for
which the first issuance of a license was predicated is still
valid and in good standing. An application to reactivate a
license must include proof that the applicant still holds a
valid license in good standing for the occupation or profession
issued in another State, commonwealth, possession, or
territory of the United States, the District of Columbia, or
any foreign jurisdiction.
(d) All relevant experience of a service member or his or
her spouse in the discharge of official duties, including
full-time and part-time experience, shall be credited in the
calculation of any years of practice in an occupation or
profession as may be required under any applicable occupational
or professional licensing Act. All relevant training provided
by the military and completed by a service member shall be
credited to that service member as meeting any training or
education requirement under any applicable occupational or
professional licensing Act, provided that the training or
education is determined by the department to be substantially
equivalent to that required under any applicable Act and is not
otherwise contrary to any other licensure requirement.
(e) A department may adopt any rules necessary for the
implementation and administration of this Section and shall by
rule provide for fees for the administration of this Section.

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(Source: P.A. 101-240, eff. 1-1-20.)
(20 ILCS 5/5-180 rep.)
Section 100. The Civil Administrative Code of Illinois is
amended by repealing Section 5-180.
Section 105. The Department of Agriculture Law of the Civil
Administrative Code of Illinois is amended by changing Section
205-425 as follows:
(20 ILCS 205/205-425) (was 20 ILCS 205/40.37)
Sec. 205-425. Criminal history record information from
Illinois Department of State Police. Whenever the Department is
authorized or required by law to consider some aspect of
criminal history record information for the purpose of carrying
out its statutory powers and responsibilities, then, upon
request and payment of fees in conformance with the
requirements of Section 2605-400 of the Illinois Department of
State Police Law (20 ILCS 2605/2605-400), the Illinois
Department of State Police is authorized to furnish, pursuant
to positive identification, the information contained in State
files that is necessary to fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 110. The Substance Use Disorder Act is amended by
changing Sections 5-10, 10-15, and 45-55 as follows:

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(20 ILCS 301/5-10)
Sec. 5-10. Functions of the Department.
(a) In addition to the powers, duties and functions vested
in the Department by this Act, or by other laws of this State,
the Department shall carry out the following activities:
(1) Design, coordinate and fund comprehensive
community-based and culturally and gender-appropriate
services throughout the State. These services must include
prevention, early intervention, treatment, and other
recovery support services for substance use disorders that
are accessible and addresses the needs of at-risk
individuals and their families.
(2) Act as the exclusive State agency to accept,
receive and expend, pursuant to appropriation, any public
or private monies, grants or services, including those
received from the federal government or from other State
agencies, for the purpose of providing prevention, early
intervention, treatment, and other recovery support
services for substance use disorders.
(2.5) In partnership with the Department of Healthcare
and Family Services, act as one of the principal State
agencies for the sole purpose of calculating the
maintenance of effort requirement under Section 1930 of
Title XIX, Part B, Subpart II of the Public Health Service
Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR

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96.134).
(3) Coordinate a statewide strategy for the
prevention, early intervention, treatment, and recovery
support of substance use disorders. This strategy shall
include the development of a comprehensive plan, submitted
annually with the application for federal substance use
disorder block grant funding, for the provision of an array
of such services. The plan shall be based on local
community-based needs and upon data including, but not
limited to, that which defines the prevalence of and costs
associated with substance use disorders. This
comprehensive plan shall include identification of
problems, needs, priorities, services and other pertinent
information, including the needs of minorities and other
specific priority populations in the State, and shall
describe how the identified problems and needs will be
addressed. For purposes of this paragraph, the term
"minorities and other specific priority populations" may
include, but shall not be limited to, groups such as women,
children, intravenous drug users, persons with AIDS or who
are HIV infected, veterans, African-Americans, Puerto
Ricans, Hispanics, Asian Americans, the elderly, persons
in the criminal justice system, persons who are clients of
services provided by other State agencies, persons with
disabilities and such other specific populations as the
Department may from time to time identify. In developing

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the plan, the Department shall seek input from providers,
parent groups, associations and interested citizens.
The plan developed under this Section shall include an
explanation of the rationale to be used in ensuring that
funding shall be based upon local community needs,
including, but not limited to, the incidence and prevalence
of, and costs associated with, substance use disorders, as
well as upon demonstrated program performance.
The plan developed under this Section shall also
contain a report detailing the activities of and progress
made through services for the care and treatment of
substance use disorders among pregnant women and mothers
and their children established under subsection (j) of
Section 35-5.
As applicable, the plan developed under this Section
shall also include information about funding by other State
agencies for prevention, early intervention, treatment,
and other recovery support services.
(4) Lead, foster and develop cooperation, coordination
and agreements among federal and State governmental
agencies and local providers that provide assistance,
services, funding or other functions, peripheral or
direct, in the prevention, early intervention, treatment,
and recovery support for substance use disorders. This
shall include, but shall not be limited to, the following:
(A) Cooperate with and assist other State

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agencies, as applicable, in establishing and
conducting substance use disorder services among the
populations they respectively serve.
(B) Cooperate with and assist the Illinois
Department of Public Health in the establishment,
funding and support of programs and services for the
promotion of maternal and child health and the
prevention and treatment of infectious diseases,
including but not limited to HIV infection, especially
with respect to those persons who are high risk due to
intravenous injection of illegal drugs, or who may have
been sexual partners of these individuals, or who may
have impaired immune systems as a result of a substance
use disorder.
(C) Supply to the Department of Public Health and
prenatal care providers a list of all providers who are
licensed to provide substance use disorder treatment
for pregnant women in this State.
(D) Assist in the placement of child abuse or
neglect perpetrators (identified by the Illinois
Department of Children and Family Services (DCFS)) who
have been determined to be in need of substance use
disorder treatment pursuant to Section 8.2 of the
Abused and Neglected Child Reporting Act.
(E) Cooperate with and assist DCFS in carrying out
its mandates to:

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(i) identify substance use disorders among its
clients and their families; and
(ii) develop services to deal with such
disorders.
These services may include, but shall not be limited
to, programs to prevent or treat substance use
disorders with DCFS clients and their families,
identifying child care needs within such treatment,
and assistance with other issues as required.
(F) Cooperate with and assist the Illinois
Criminal Justice Information Authority with respect to
statistical and other information concerning the
incidence and prevalence of substance use disorders.
(G) Cooperate with and assist the State
Superintendent of Education, boards of education,
schools, police departments, the Illinois Department
of State Police, courts and other public and private
agencies and individuals in establishing prevention
programs statewide and preparing curriculum materials
for use at all levels of education.
(H) Cooperate with and assist the Illinois
Department of Healthcare and Family Services in the
development and provision of services offered to
recipients of public assistance for the treatment and
prevention of substance use disorders.
(I) (Blank).

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(5) From monies appropriated to the Department from the
Drunk and Drugged Driving Prevention Fund, reimburse DUI
evaluation and risk education programs licensed by the
Department for providing indigent persons with free or
reduced-cost evaluation and risk education services
relating to a charge of driving under the influence of
alcohol or other drugs.
(6) Promulgate regulations to identify and disseminate
best practice guidelines that can be utilized by publicly
and privately funded programs as well as for levels of
payment to government funded programs that provide
prevention, early intervention, treatment, and other
recovery support services for substance use disorders and
those services referenced in Sections 15-10 and 40-5.
(7) In consultation with providers and related trade
associations, specify a uniform methodology for use by
funded providers and the Department for billing and
collection and dissemination of statistical information
regarding services related to substance use disorders.
(8) Receive data and assistance from federal, State and
local governmental agencies, and obtain copies of
identification and arrest data from all federal, State and
local law enforcement agencies for use in carrying out the
purposes and functions of the Department.
(9) Designate and license providers to conduct
screening, assessment, referral and tracking of clients

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identified by the criminal justice system as having
indications of substance use disorders and being eligible
to make an election for treatment under Section 40-5 of
this Act, and assist in the placement of individuals who
are under court order to participate in treatment.
(10) Identify and disseminate evidence-based best
practice guidelines as maintained in administrative rule
that can be utilized to determine a substance use disorder
diagnosis.
(11) (Blank).
(12) Make grants with funds appropriated from the Drug
Treatment Fund in accordance with Section 7 of the
Controlled Substance and Cannabis Nuisance Act, or in
accordance with Section 80 of the Methamphetamine Control
and Community Protection Act, or in accordance with
subsections (h) and (i) of Section 411.2 of the Illinois
Controlled Substances Act, or in accordance with Section
6z-107 of the State Finance Act.
(13) Encourage all health and disability insurance
programs to include substance use disorder treatment as a
covered service and to use evidence-based best practice
criteria as maintained in administrative rule and as
required in Public Act 99-0480 in determining the necessity
for such services and continued stay.
(14) Award grants and enter into fixed-rate and
fee-for-service arrangements with any other department,

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authority or commission of this State, or any other state
or the federal government or with any public or private
agency, including the disbursement of funds and furnishing
of staff, to effectuate the purposes of this Act.
(15) Conduct a public information campaign to inform
the State's Hispanic residents regarding the prevention
and treatment of substance use disorders.
(b) In addition to the powers, duties and functions vested
in it by this Act, or by other laws of this State, the
Department may undertake, but shall not be limited to, the
following activities:
(1) Require all organizations licensed or funded by the
Department to include an education component to inform
participants regarding the causes and means of
transmission and methods of reducing the risk of acquiring
or transmitting HIV infection and other infectious
diseases, and to include funding for such education
component in its support of the program.
(2) Review all State agency applications for federal
funds that include provisions relating to the prevention,
early intervention and treatment of substance use
disorders in order to ensure consistency.
(3) Prepare, publish, evaluate, disseminate and serve
as a central repository for educational materials dealing
with the nature and effects of substance use disorders.
Such materials may deal with the educational needs of the

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citizens of Illinois, and may include at least pamphlets
that describe the causes and effects of fetal alcohol
spectrum disorders.
(4) Develop and coordinate, with regional and local
agencies, education and training programs for persons
engaged in providing services for persons with substance
use disorders, which programs may include specific HIV
education and training for program personnel.
(5) Cooperate with and assist in the development of
education, prevention, early intervention, and treatment
programs for employees of State and local governments and
businesses in the State.
(6) Utilize the support and assistance of interested
persons in the community, including recovering persons, to
assist individuals and communities in understanding the
dynamics of substance use disorders, and to encourage
individuals with substance use disorders to voluntarily
undergo treatment.
(7) Promote, conduct, assist or sponsor basic
clinical, epidemiological and statistical research into
substance use disorders and research into the prevention of
those problems either solely or in conjunction with any
public or private agency.
(8) Cooperate with public and private agencies,
organizations and individuals in the development of
programs, and to provide technical assistance and

SB3642 - 108 - LRB101 20589 WGH 70218 b
consultation services for this purpose.
(9) (Blank).
(10) (Blank).
(11) Fund, promote, or assist entities dealing with
substance use disorders.
(12) With monies appropriated from the Group Home Loan
Revolving Fund, make loans, directly or through
subcontract, to assist in underwriting the costs of housing
in which individuals recovering from substance use
disorders may reside, pursuant to Section 50-40 of this
Act.
(13) Promulgate such regulations as may be necessary to
carry out the purposes and enforce the provisions of this
Act.
(14) Provide funding to help parents be effective in
preventing substance use disorders by building an
awareness of the family's role in preventing substance use
disorders through adjusting expectations, developing new
skills, and setting positive family goals. The programs
shall include, but not be limited to, the following
subjects: healthy family communication; establishing rules
and limits; how to reduce family conflict; how to build
self-esteem, competency, and responsibility in children;
how to improve motivation and achievement; effective
discipline; problem solving techniques; and how to talk
about drugs and alcohol. The programs shall be open to all

SB3642 - 109 - LRB101 20589 WGH 70218 b
parents.
(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19;
101-10, eff. 6-5-19.)
(20 ILCS 301/10-15)
Sec. 10-15. Qualification and appointment of members. The
membership of the Illinois Advisory Council may, as needed,
consist of:
(a) A State's Attorney designated by the President of
the Illinois State's Attorneys Association.
(b) A judge designated by the Chief Justice of the
Illinois Supreme Court.
(c) A Public Defender appointed by the President of the
Illinois Public Defender Association.
(d) A local law enforcement officer appointed by the
Governor.
(e) A labor representative appointed by the Governor.
(f) An educator appointed by the Governor.
(g) A physician licensed to practice medicine in all
its branches appointed by the Governor with due regard for
the appointee's knowledge of the field of substance use
disorders.
(h) 4 members of the Illinois House of Representatives,
2 each appointed by the Speaker and Minority Leader.
(i) 4 members of the Illinois Senate, 2 each appointed
by the President and Minority Leader.

SB3642 - 110 - LRB101 20589 WGH 70218 b
(j) The Chief Executive Officer of the Illinois
Association for Behavioral Health or his or her designee.
(k) An advocate for the needs of youth appointed by the
Governor.
(l) The President of the Illinois State Medical Society
or his or her designee.
(m) The President of the Illinois Hospital Association
or his or her designee.
(n) The President of the Illinois Nurses Association or
a registered nurse designated by the President.
(o) The President of the Illinois Pharmacists
Association or a licensed pharmacist designated by the
President.
(p) The President of the Illinois Chapter of the
Association of Labor-Management Administrators and
Consultants on Alcoholism.
(p-1) The Chief Executive Officer of the Community
Behavioral Healthcare Association of Illinois or his or her
designee.
(q) The Attorney General or his or her designee.
(r) The State Comptroller or his or her designee.
(s) 20 public members, 8 appointed by the Governor, 3
of whom shall be representatives of substance use disorder
treatment programs and one of whom shall be a
representative of a manufacturer or importing distributor
of alcoholic liquor licensed by the State of Illinois, and

SB3642 - 111 - LRB101 20589 WGH 70218 b
3 public members appointed by each of the President and
Minority Leader of the Senate and the Speaker and Minority
Leader of the House.
(t) The Director, Secretary, or other chief
administrative officer, ex officio, or his or her designee,
of each of the following: the Department on Aging, the
Department of Children and Family Services, the Department
of Corrections, the Department of Juvenile Justice, the
Department of Healthcare and Family Services, the
Department of Revenue, the Department of Public Health, the
Department of Financial and Professional Regulation, the
Illinois Department of State Police, the Administrative
Office of the Illinois Courts, the Criminal Justice
Information Authority, and the Department of
Transportation.
(u) Each of the following, ex officio, or his or her
designee: the Secretary of State, the State Superintendent
of Education, and the Chairman of the Board of Higher
Education.
The public members may not be officers or employees of the
executive branch of State government; however, the public
members may be officers or employees of a State college or
university or of any law enforcement agency. In appointing
members, due consideration shall be given to the experience of
appointees in the fields of medicine, law, prevention,
correctional activities, and social welfare. Vacancies in the

SB3642 - 112 - LRB101 20589 WGH 70218 b
public membership shall be filled for the unexpired term by
appointment in like manner as for original appointments, and
the appointive members shall serve until their successors are
appointed and have qualified. Vacancies among the public
members appointed by the legislative leaders shall be filled by
the leader of the same house and of the same political party as
the leader who originally appointed the member.
Each non-appointive member may designate a representative
to serve in his place by written notice to the Department. All
General Assembly members shall serve until their respective
successors are appointed or until termination of their
legislative service, whichever occurs first. The terms of
office for each of the members appointed by the Governor shall
be for 3 years, except that of the members first appointed, 3
shall be appointed for a term of one year, and 4 shall be
appointed for a term of 2 years. The terms of office of each of
the public members appointed by the legislative leaders shall
be for 2 years.
(Source: P.A. 100-201, eff. 8-18-17; 100-759, eff. 1-1-19.)
(20 ILCS 301/45-55)
Sec. 45-55. Powers and duties of designated agents.
(a) It is hereby made the sole and exclusive duty of the
Department, and its designated agents, officers and
investigators, to investigate all violations of this Act, and
to cooperate with all agencies charged with enforcement of the

SB3642 - 113 - LRB101 20589 WGH 70218 b
laws of the United States, or any state, concerning matters
pertaining to this Act. Nothing in this Act shall bar a grand
jury from conducting an investigation of any alleged violation
of this Act. Any agent, officer, investigator or peace officer
designated by the Department may:
(1) execute and serve administrative inspection
warrants and subpoenas under the authority of this State.
(2) make seizures of property pursuant to the
provisions of this Act.
(3) perform such other duties as the Department may
designate.
The Secretary may appoint such investigators as is deemed
necessary to carry out the provisions of this Act. It shall be
the duty of such investigators to investigate and report
violations of the provisions of this Act. With respect to the
enforcement of the provisions of this Act, such investigators
shall have the authority to serve subpoenas, summonses and
administrative inspection warrants. They shall be conservators
of the peace and, as such, they shall have and may exercise
during the course of an inspection or investigation all the
powers possessed by policemen in the cities and sheriffs in the
counties of this State, except that they may exercise such
powers anywhere in the State.
(b) The Department or its designated agents, either before
or after the issuance of a license, may request and shall
receive the cooperation of the Illinois Department of State

SB3642 - 114 - LRB101 20589 WGH 70218 b
Police, county and multiple county health departments, or
municipal boards of health to make investigations to determine
if the applicant or licensee is complying with minimum
standards prescribed by the Department.
(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
Section 115. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
changing Section 405-320 as follows:
(20 ILCS 405/405-320) (was 20 ILCS 405/67.25)
Sec. 405-320. Multi-use State facility at Collinsville;
State Police district headquarters at Sterling.
(a) To enter into an agreement with a private individual,
trust, partnership, or corporation or a municipality or other
unit of local government whereby that individual, trust,
partnership, or corporation or municipality or other unit of
local government will construct a structure in the vicinity of
Collinsville, Illinois for the purposes of its serving as a
multi-use State facility and then lease that structure to the
Department for the use of the Department of Transportation and
other State agencies.
(b) To enter into an agreement with a municipality or other
unit of local government whereby the municipality or other unit
of local government will construct a structure in the vicinity
of Sterling, Illinois for the purposes of its serving as an

SB3642 - 115 - LRB101 20589 WGH 70218 b
Illinois a Department of State Police district headquarters and
then lease the structure to the Department for the use of the
Illinois State Police. The Director is further authorized to
convey the existing Illinois State Police headquarters at
Sterling to the City of Sterling, Illinois, a municipal
corporation, at a value established by the average of 3
appraisals in exchange for a deduction of equal value against
any amounts due the municipality under the State's contract to
acquire an Illinois a State Police district headquarters at
Sterling.
(c) A lease entered into pursuant to the authority granted
in this Section shall be for a term not to exceed 30 years but
may grant to the State the option to purchase the structure
outright.
(d) The lease shall be approved by the heads of the
agencies occupying the facility and shall be and shall recite
that it is subject to termination and cancellation in any year
for which the General Assembly fails to make an appropriation
to pay the rent payable under the terms of the lease.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 120. The Personnel Code is amended by changing
Sections 4c, 8c, and 10 as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in

SB3642 - 116 - LRB101 20589 WGH 70218 b
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court,
Attorney General, and State Board of Elections.
(3) Judges, and officers and employees of the courts,
and notaries public.
(4) All officers and employees of the Illinois General
Assembly, all employees of legislative commissions, all
officers and employees of the Illinois Legislative
Reference Bureau and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard and
Illinois State Guard, paid from federal funds or positions
in the State Military Service filled by enlistment and paid
from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by the
Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative

SB3642 - 117 - LRB101 20589 WGH 70218 b
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical staff
of the Illinois State Museum.
(9) All other employees except the presidents, other
principal administrative officers, and teaching, research
and extension faculties of the universities under the
jurisdiction of the Board of Regents and the colleges and
universities under the jurisdiction of the Board of
Governors of State Colleges and Universities, Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, Board of Governors of
State Colleges and Universities, the Board of Regents,
University of Illinois, State Universities Civil Service
System, University Retirement System of Illinois, so long
as these are subject to the provisions of the State
Universities Civil Service Act.
(10) The Illinois State Police so long as they are
subject to the merit provisions of the Illinois State

SB3642 - 118 - LRB101 20589 WGH 70218 b
Police Act.
(11) (Blank).
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll Highway
Authority.
(14) The Secretary of the Illinois Workers'
Compensation Commission.
(15) All persons who are appointed or employed by the
Director of Insurance under authority of Section 202 of the
Illinois Insurance Code to assist the Director of Insurance
in discharging his responsibilities relating to the
rehabilitation, liquidation, conservation, and dissolution
of companies that are subject to the jurisdiction of the
Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan Area
Airport Authority.
(17) All investment officers employed by the Illinois
State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under

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Title VIII of the Comprehensive Employment and Training Act
of 1973, 29 USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young people
to work in State parks for a period of one year or less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.
(23) All employees of the Kankakee River Valley Area
Airport Authority.
(24) The commissioners and employees of the Executive
Ethics Commission.
(25) The Executive Inspectors General, including
special Executive Inspectors General, and employees of
each Office of an Executive Inspector General.
(26) The commissioners and employees of the
Legislative Ethics Commission.
(27) The Legislative Inspector General, including
special Legislative Inspectors General, and employees of
the Office of the Legislative Inspector General.

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(28) The Auditor General's Inspector General and
employees of the Office of the Auditor General's Inspector
General.
(29) All employees of the Illinois Power Agency.
(30) Employees having demonstrable, defined advanced
skills in accounting, financial reporting, or technical
expertise who are employed within executive branch
agencies and whose duties are directly related to the
submission to the Office of the Comptroller of financial
information for the publication of the Comprehensive
Annual Financial Report (CAFR).
(31) All employees of the Illinois Sentencing Policy
Advisory Council.
(Source: P.A. 100-1148, eff. 12-10-18.)
(20 ILCS 415/8c) (from Ch. 127, par. 63b108c)
Sec. 8c. Jurisdiction C; conditions of employment. For
positions in the State service subject to the jurisdiction of
the Department of Central Management Services with respect to
conditions of employment:
(1) For establishment of a plan for resolving employee
grievances and complaints, excluding compulsory
arbitration.
(2) For hours of work, holidays, and attendance
regulation in the various classes of positions in the State
service; for annual, sick and special leaves of absence,

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with or without pay or with reduced pay; for compensatory
time off for overtime or for pay for overtime, and for the
rate at which compensatory time off is to be allowed or for
the rate which is to be paid for overtime. If the services
of an employee in the State service are terminated by
reason of his retirement, disability or death, he, or his
estate, as the case may be, shall be paid a lump sum, for
the number of days for leave for personal business which
the employee had accumulated but not used as of the date
his services were terminated, in an amount equal to 1/2 of
his pay per working day times the number of such leave days
so accumulated and not used.
(3) For the development and operation of programs to
improve the work effectiveness and morale of employees in
the State service, including training, safety, health,
welfare, counseling, recreation, employee relations, a
suggestion system, and others.
Employees whose tuition and fees are paid by the State,
either directly or by reimbursement, shall incur a work
commitment to the State. Employees whose State paid
training has not led to a postsecondary degree shall be
obligated to continue in the employ of the State, but not
necessarily in the same agency, for a period of at least 18
months following completion of the most recent course.
Employees whose State paid training has led to a
postsecondary degree and whose State payments have paid for

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50% or more of the required credit hours shall be obligated
to continue in the employ of the State, but not necessarily
in the same agency, for a minimum of 4 years after
receiving the degree.
If the employee does not fulfill this work commitment
by voluntarily leaving State employment, the State may
recover payments in a civil action and may also recover
interest at the rate of 1% per month from the time the
State makes payment until the time the State recovers the
payment. The amount the State may recover under this
subsection (3) shall be reduced by 25% of the gross amount
paid by the State for each year the employee is employed by
the State after the employee receives a postsecondary
degree, and 1/18th of the gross amount paid by the State
for each month the employee is employed by the State after
the employee completes the most recent course which has not
led to a postsecondary degree.
The State shall not recover payments for course work or
a training program that was (a) started before the
effective date of this Act; (b) completed as a requirement
for a grammar school certificate or a high school diploma,
to prepare for high school equivalency testing, or to
improve literacy or numeracy; (c) specialized training in
the form of a conference, seminar, workshop, or similar
arrangement offered by public or private organizations;
(d) provided as part of the Upward Mobility Program

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administered by the Department of Central Management
Services; or (e) a condition of continued employment.
Illinois Department of State Police employees who are
enrolled in an official training program that lasts longer
than one year shall incur a work commitment to the State.
The work commitment shall be 2 months for each month of
completed training. If the employee fails to fulfill this
work commitment by voluntarily leaving State employment,
the State may recover wages in a civil action and may also
recover interest at the rate of 1% per month from the time
the State makes payment until the time the State recovers
the payment. The amount the State may recover under this
subsection (3) shall be reduced by the number of months
served after the training is completed times the monthly
salary at the time of separation.
The Department of Central Management Services shall
promulgate rules governing recovery activities to be used
by all State agencies paying, whether directly or by
reimbursement, for employee tuition and fees. Each such
agency shall make necessary efforts, including pursuing
appropriate legal action, to recover the actual
reimbursements and applicable interest due the State under
this subsection (3).
(4) For the establishment of a sick pay plan in
accordance with Section 36 of the State Finance Act.
(5) For the establishment of a family responsibility

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leave plan under which an employee in the State service may
request and receive a leave of absence for up to one year
without penalty whenever such leave is requested to enable
the employee to meet a bona fide family responsibility of
such employee. The procedure for determining and
documenting the existence of a bona fide family
responsibility shall be as provided by rule, but without
limiting the circumstances which shall constitute a bona
fide family responsibility under the rules, such
circumstances shall include leave incident to the birth of
the employee's child and the responsibility thereafter to
provide proper care to that child or to a newborn child
adopted by the employee, the responsibility to provide
regular care to a disabled, incapacitated or bedridden
resident of the employee's household or member of the
employee's family, and the responsibility to furnish
special guidance, care and supervision to a resident of the
employee's household or member of the employee's family in
need thereof under circumstances temporarily inconsistent
with uninterrupted employment in State service. The family
responsibility leave plan so established shall provide
that any such leave shall be without pay, that the
seniority of the employee on such leave shall not be
reduced during the period of the leave, that such leave
shall not under any circumstance or for any purpose be
deemed to cause a break in such employee's State service,

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that during the period of such leave any coverage of the
employee or the employee's dependents which existed at the
commencement of the leave under any group health, hospital,
medical and life insurance plan provided through the State
shall continue so long as the employee pays to the State
when due the full premium incident to such coverage, and
that upon expiration of the leave the employee shall be
returned to the same position and classification which such
employee held at the commencement of the leave. The
Director of Central Management Services shall prepare
proposed rules consistent with this paragraph within 45
days after the effective date of this amendatory Act of
1983, shall promptly thereafter cause a public hearing
thereon to be held as provided in Section 8 and shall
within 120 days after the effective date of this amendatory
Act of 1983 cause such proposed rules to be submitted to
the Civil Service Commission as provided in Section 8.
(6) For the development and operation of a plan for
alternative employment for any employee who is able to
perform alternative employment after a work related or
non-work related disability essentially precludes that
employee from performing his or her currently assigned
duties. Such a plan shall be voluntary for any employee and
nonparticipation shall not be grounds for denial of any
benefit to which the employee would otherwise be eligible.
Any plan seeking to cover positions for which there is a

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recognized bargaining agent shall be subject to collective
bargaining between the parties.
(7) For the development and operation of an Executive
Development Program to provide scholarships for the
receipt of academic degrees or senior executive training
beyond the Bachelor's degree level for as many as 25
employees at any given time:
(i) each of whom is nominated for such scholarship
by the head of the employee's agency and approved by
the Director;
(ii) who are subject to Term Appointment under
Section 8b.18 or who would be subject to such Term
Appointment but for Federal funding or who are exempt
from Jurisdiction B under subsections (2), (3) or (6)
of Section 4d of this Act:
(iii) who meet the admission standards established
by the institution awarding the advanced degree or
conducting the training;
(iv) each of whom agrees, as a condition of
accepting such scholarship, that the State may recover
the scholarship by garnishment, lien or other
appropriate legal action if the employee fails to
continue in the employ of the State, but not
necessarily in the same agency, for a minimum of 4
years following receipt of an advanced degree or
training and that the State may charge interest from

SB3642 - 127 - LRB101 20589 WGH 70218 b
the time of payment until the time of recovery of such
scholarship of no less than 1% per month or 12% per
annum on all funds recovered by the State. The amount
the State may recover under this Section will be
reduced by 25% of the gross amount paid by the State
for each year of employment following receipt of the
advanced degree or training.
The Director shall in approving eligible employees for
the Executive Development Program make every attempt to
guarantee that at least 1/3 of the employees appointed to
the program reflect the ratio of sex, race, and ethnicity
of eligible employees.
Such scholarships shall not exceed the amount
established for tuition and fees for the applicable
advanced degree or training at State universities in
Illinois whether the employee enrolls at any Illinois
public or private institution, and shall not include any
textbooks or equipment such as personal computers.
The Department of Central Management Services shall
make necessary efforts, including appropriate legal
action, to recover scholarships and interest thereupon due
subject to recovery by the State under Subparagraph (iv) of
this Subsection (7).
(Source: P.A. 98-718, eff. 1-1-15.)
(20 ILCS 415/10) (from Ch. 127, par. 63b110)

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Sec. 10. Duties and powers of the Commission. The Civil
Service Commission shall have duties and powers as follows:
(1) Upon written recommendations by the Director of the
Department of Central Management Services to exempt from
jurisdiction B of this Act positions which, in the judgment
of the Commission, involve either principal administrative
responsibility for the determination of policy or
principal administrative responsibility for the way in
which policies are carried out. This authority may not be
exercised, however, with respect to the position of
Assistant Director of Healthcare and Family Services in the
Department of Healthcare and Family Services.
(2) To require such special reports from the Director
as it may consider desirable.
(3) To disapprove original rules or any part thereof
within 90 days and any amendment thereof within 30 days
after the submission of such rules to the Civil Service
Commission by the Director, and to disapprove any
amendments thereto in the same manner.
(4) To approve or disapprove within 60 days from date
of submission the position classification plan submitted
by the Director as provided in the rules, and any revisions
thereof within 30 days from the date of submission.
(5) To hear appeals of employees who do not accept the
allocation of their positions under the position
classification plan.

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(6) To hear and determine written charges filed seeking
the discharge, demotion of employees and suspension
totaling more than thirty days in any 12-month period, as
provided in Section 11 hereof, and appeals from transfers
from one geographical area in the State to another, and in
connection therewith to administer oaths, subpoena
witnesses, and compel the production of books and papers.
(7) The fees of subpoenaed witnesses under this Act for
attendance and travel shall be the same as fees of
witnesses before the circuit courts of the State, such fees
to be paid when the witness is excused from further
attendance. Whenever a subpoena is issued the Commission
may require that the cost of service and the fee of the
witness shall be borne by the party at whose insistence the
witness is summoned. The Commission has the power, at its
discretion, to require a deposit from such party to cover
the cost of service and witness fees and the payment of the
legal witness fee and mileage to the witness served with
the subpoena. A subpoena issued under this Act shall be
served in the same manner as a subpoena issued out of a
court.
Upon the failure or refusal to obey a subpoena, a
petition shall be prepared by the party serving the
subpoena for enforcement in the circuit court of the county
in which the person to whom the subpoena was directed
either resides or has his or her principal place of

SB3642 - 130 - LRB101 20589 WGH 70218 b
business.
Not less than five days before the petition is filed in
the appropriate court, it shall be served on the person
along with a notice of the time and place the petition is
to be presented.
Following a hearing on the petition, the circuit court
shall have jurisdiction to enforce subpoenas issued
pursuant to this Section.
On motion and for good cause shown the Commission may
quash or modify any subpoena.
(8) To make an annual report regarding the work of the
Commission to the Governor, such report to be a public
report.
(9) If any violation of this Act is found, the
Commission shall direct compliance in writing.
(10) To appoint a full-time executive secretary and
such other employees, experts, and special assistants as
may be necessary to carry out the powers and duties of the
Commission under this Act and employees, experts, and
special assistants so appointed by the Commission shall be
subject to the provisions of jurisdictions A, B and C of
this Act. These powers and duties supersede any contrary
provisions herein contained.
(11) To make rules to carry out and implement their
powers and duties under this Act, with authority to amend
such rules from time to time.

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(12) To hear or conduct investigations as it deems
necessary of appeals of layoff filed by employees appointed
under Jurisdiction B after examination provided that such
appeals are filed within 15 calendar days following the
effective date of such layoff and are made on the basis
that the provisions of the Personnel Code or of the Rules
of the Department of Central Management Services relating
to layoff have been violated or have not been complied
with.
All hearings shall be public. A decision shall be
rendered within 60 days after receipt of the transcript of
the proceedings. The Commission shall order the
reinstatement of the employee if it is proven that the
provisions of the Personnel Code or of the rules of the
Department of Central Management Services relating to
layoff have been violated or have not been complied with.
In connection therewith the Commission may administer
oaths, subpoena witnesses, and compel the production of
books and papers.
(13) Whenever the Civil Service Commission is
authorized or required by law to consider some aspect of
criminal history record information for the purpose of
carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with
the requirements of Section 2605-400 of the Illinois
Department of State Police Law (20 ILCS 2605/2605-400), the

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Illinois Department of State Police is authorized to
furnish, pursuant to positive identification, such
information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 100-201, eff. 8-18-17.)
Section 125. The Children and Family Services Act is
amended by changing Sections 5, 35.5, and 35.6 as follows:
(20 ILCS 505/5) (from Ch. 23, par. 5005)
Sec. 5. Direct child welfare services; Department of
Children and Family Services. To provide direct child welfare
services when not available through other public or private
child care or program facilities.
(a) For purposes of this Section:
(1) "Children" means persons found within the State who
are under the age of 18 years. The term also includes
persons under age 21 who:
(A) were committed to the Department pursuant to
the Juvenile Court Act or the Juvenile Court Act of
1987, as amended, and who continue under the
jurisdiction of the court; or
(B) were accepted for care, service and training by
the Department prior to the age of 18 and whose best
interest in the discretion of the Department would be
served by continuing that care, service and training

SB3642 - 133 - LRB101 20589 WGH 70218 b
because of severe emotional disturbances, physical
disability, social adjustment or any combination
thereof, or because of the need to complete an
educational or vocational training program.
(2) "Homeless youth" means persons found within the
State who are under the age of 19, are not in a safe and
stable living situation and cannot be reunited with their
families.
(3) "Child welfare services" means public social
services which are directed toward the accomplishment of
the following purposes:
(A) protecting and promoting the health, safety
and welfare of children, including homeless,
dependent, or neglected children;
(B) remedying, or assisting in the solution of
problems which may result in, the neglect, abuse,
exploitation, or delinquency of children;
(C) preventing the unnecessary separation of
children from their families by identifying family
problems, assisting families in resolving their
problems, and preventing the breakup of the family
where the prevention of child removal is desirable and
possible when the child can be cared for at home
without endangering the child's health and safety;
(D) restoring to their families children who have
been removed, by the provision of services to the child

SB3642 - 134 - LRB101 20589 WGH 70218 b
and the families when the child can be cared for at
home without endangering the child's health and
safety;
(E) placing children in suitable adoptive homes,
in cases where restoration to the biological family is
not safe, possible, or appropriate;
(F) assuring safe and adequate care of children
away from their homes, in cases where the child cannot
be returned home or cannot be placed for adoption. At
the time of placement, the Department shall consider
concurrent planning, as described in subsection (l-1)
of this Section so that permanency may occur at the
earliest opportunity. Consideration should be given so
that if reunification fails or is delayed, the
placement made is the best available placement to
provide permanency for the child;
(G) (blank);
(H) (blank); and
(I) placing and maintaining children in facilities
that provide separate living quarters for children
under the age of 18 and for children 18 years of age
and older, unless a child 18 years of age is in the
last year of high school education or vocational
training, in an approved individual or group treatment
program, in a licensed shelter facility, or secure
child care facility. The Department is not required to

SB3642 - 135 - LRB101 20589 WGH 70218 b
place or maintain children:
(i) who are in a foster home, or
(ii) who are persons with a developmental
disability, as defined in the Mental Health and
Developmental Disabilities Code, or
(iii) who are female children who are
pregnant, pregnant and parenting, or parenting, or
(iv) who are siblings, in facilities that
provide separate living quarters for children 18
years of age and older and for children under 18
years of age.
(b) (Blank).
(c) The Department shall establish and maintain
tax-supported child welfare services and extend and seek to
improve voluntary services throughout the State, to the end
that services and care shall be available on an equal basis
throughout the State to children requiring such services.
(d) The Director may authorize advance disbursements for
any new program initiative to any agency contracting with the
Department. As a prerequisite for an advance disbursement, the
contractor must post a surety bond in the amount of the advance
disbursement and have a purchase of service contract approved
by the Department. The Department may pay up to 2 months
operational expenses in advance. The amount of the advance
disbursement shall be prorated over the life of the contract or
the remaining months of the fiscal year, whichever is less, and

SB3642 - 136 - LRB101 20589 WGH 70218 b
the installment amount shall then be deducted from future
bills. Advance disbursement authorizations for new initiatives
shall not be made to any agency after that agency has operated
during 2 consecutive fiscal years. The requirements of this
Section concerning advance disbursements shall not apply with
respect to the following: payments to local public agencies for
child day care services as authorized by Section 5a of this
Act; and youth service programs receiving grant funds under
Section 17a-4.
(e) (Blank).
(f) (Blank).
(g) The Department shall establish rules and regulations
concerning its operation of programs designed to meet the goals
of child safety and protection, family preservation, family
reunification, and adoption, including, but not limited to:
(1) adoption;
(2) foster care;
(3) family counseling;
(4) protective services;
(5) (blank);
(6) homemaker service;
(7) return of runaway children;
(8) (blank);
(9) placement under Section 5-7 of the Juvenile Court
Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
Court Act of 1987 in accordance with the federal Adoption

SB3642 - 137 - LRB101 20589 WGH 70218 b
Assistance and Child Welfare Act of 1980; and
(10) interstate services.
Rules and regulations established by the Department shall
include provisions for training Department staff and the staff
of Department grantees, through contracts with other agencies
or resources, in screening techniques to identify substance use
disorders, as defined in the Substance Use Disorder Act,
approved by the Department of Human Services, as a successor to
the Department of Alcoholism and Substance Abuse, for the
purpose of identifying children and adults who should be
referred for an assessment at an organization appropriately
licensed by the Department of Human Services for substance use
disorder treatment.
(h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
youth in care and that no licensed private facility has an
adequate and appropriate program or none agrees to accept the
youth in care, the Department shall create an appropriate
individualized, program-oriented plan for such youth in care.
The plan may be developed within the Department or through
purchase of services by the Department to the extent that it is
within its statutory authority to do.
(i) Service programs shall be available throughout the
State and shall include but not be limited to the following
services:
(1) case management;

SB3642 - 138 - LRB101 20589 WGH 70218 b
(2) homemakers;
(3) counseling;
(4) parent education;
(5) day care; and
(6) emergency assistance and advocacy.
In addition, the following services may be made available
to assess and meet the needs of children and families:
(1) comprehensive family-based services;
(2) assessments;
(3) respite care; and
(4) in-home health services.
The Department shall provide transportation for any of the
services it makes available to children or families or for
which it refers children or families.
(j) The Department may provide categories of financial
assistance and education assistance grants, and shall
establish rules and regulations concerning the assistance and
grants, to persons who adopt children with physical or mental
disabilities, children who are older, or other hard-to-place
children who (i) immediately prior to their adoption were youth
in care or (ii) were determined eligible for financial
assistance with respect to a prior adoption and who become
available for adoption because the prior adoption has been
dissolved and the parental rights of the adoptive parents have
been terminated or because the child's adoptive parents have
died. The Department may continue to provide financial

SB3642 - 139 - LRB101 20589 WGH 70218 b
assistance and education assistance grants for a child who was
determined eligible for financial assistance under this
subsection (j) in the interim period beginning when the child's
adoptive parents died and ending with the finalization of the
new adoption of the child by another adoptive parent or
parents. The Department may also provide categories of
financial assistance and education assistance grants, and
shall establish rules and regulations for the assistance and
grants, to persons appointed guardian of the person under
Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
4-25, or 5-740 of the Juvenile Court Act of 1987 for children
who were youth in care for 12 months immediately prior to the
appointment of the guardian.
The amount of assistance may vary, depending upon the needs
of the child and the adoptive parents, as set forth in the
annual assistance agreement. Special purpose grants are
allowed where the child requires special service but such costs
may not exceed the amounts which similar services would cost
the Department if it were to provide or secure them as guardian
of the child.
Any financial assistance provided under this subsection is
inalienable by assignment, sale, execution, attachment,
garnishment, or any other remedy for recovery or collection of
a judgment or debt.
(j-5) The Department shall not deny or delay the placement
of a child for adoption if an approved family is available

SB3642 - 140 - LRB101 20589 WGH 70218 b
either outside of the Department region handling the case, or
outside of the State of Illinois.
(k) The Department shall accept for care and training any
child who has been adjudicated neglected or abused, or
dependent committed to it pursuant to the Juvenile Court Act or
the Juvenile Court Act of 1987.
(l) The Department shall offer family preservation
services, as defined in Section 8.2 of the Abused and Neglected
Child Reporting Act, to help families, including adoptive and
extended families. Family preservation services shall be
offered (i) to prevent the placement of children in substitute
care when the children can be cared for at home or in the
custody of the person responsible for the children's welfare,
(ii) to reunite children with their families, or (iii) to
maintain an adoptive placement. Family preservation services
shall only be offered when doing so will not endanger the
children's health or safety. With respect to children who are
in substitute care pursuant to the Juvenile Court Act of 1987,
family preservation services shall not be offered if a goal
other than those of subdivisions (A), (B), or (B-1) of
subsection (2) of Section 2-28 of that Act has been set, except
that reunification services may be offered as provided in
paragraph (F) of subsection (2) of Section 2-28 of that Act.
Nothing in this paragraph shall be construed to create a
private right of action or claim on the part of any individual
or child welfare agency, except that when a child is the

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subject of an action under Article II of the Juvenile Court Act
of 1987 and the child's service plan calls for services to
facilitate achievement of the permanency goal, the court
hearing the action under Article II of the Juvenile Court Act
of 1987 may order the Department to provide the services set
out in the plan, if those services are not provided with
reasonable promptness and if those services are available.
The Department shall notify the child and his family of the
Department's responsibility to offer and provide family
preservation services as identified in the service plan. The
child and his family shall be eligible for services as soon as
the report is determined to be "indicated". The Department may
offer services to any child or family with respect to whom a
report of suspected child abuse or neglect has been filed,
prior to concluding its investigation under Section 7.12 of the
Abused and Neglected Child Reporting Act. However, the child's
or family's willingness to accept services shall not be
considered in the investigation. The Department may also
provide services to any child or family who is the subject of
any report of suspected child abuse or neglect or may refer
such child or family to services available from other agencies
in the community, even if the report is determined to be
unfounded, if the conditions in the child's or family's home
are reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of such
services shall be voluntary. The Department may also provide

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services to any child or family after completion of a family
assessment, as an alternative to an investigation, as provided
under the "differential response program" provided for in
subsection (a-5) of Section 7.4 of the Abused and Neglected
Child Reporting Act.
The Department may, at its discretion except for those
children also adjudicated neglected or dependent, accept for
care and training any child who has been adjudicated addicted,
as a truant minor in need of supervision or as a minor
requiring authoritative intervention, under the Juvenile Court
Act or the Juvenile Court Act of 1987, but no such child shall
be committed to the Department by any court without the
approval of the Department. On and after January 1, 2015 (the
effective date of Public Act 98-803) and before January 1,
2017, a minor charged with a criminal offense under the
Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 16 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. On and after January 1,
2017, a minor charged with a criminal offense under the

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Criminal Code of 1961 or the Criminal Code of 2012 or
adjudicated delinquent shall not be placed in the custody of or
committed to the Department by any court, except (i) a minor
less than 15 years of age committed to the Department under
Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
for whom an independent basis of abuse, neglect, or dependency
exists, which must be defined by departmental rule, or (iii) a
minor for whom the court has granted a supplemental petition to
reinstate wardship pursuant to subsection (2) of Section 2-33
of the Juvenile Court Act of 1987. An independent basis exists
when the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency. The Department shall assign a caseworker to attend
any hearing involving a youth in the care and custody of the
Department who is placed on aftercare release, including
hearings involving sanctions for violation of aftercare
release conditions and aftercare release revocation hearings.
As soon as is possible after August 7, 2009 (the effective
date of Public Act 96-134), the Department shall develop and
implement a special program of family preservation services to
support intact, foster, and adoptive families who are
experiencing extreme hardships due to the difficulty and stress
of caring for a child who has been diagnosed with a pervasive
developmental disorder if the Department determines that those
services are necessary to ensure the health and safety of the

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child. The Department may offer services to any family whether
or not a report has been filed under the Abused and Neglected
Child Reporting Act. The Department may refer the child or
family to services available from other agencies in the
community if the conditions in the child's or family's home are
reasonably likely to subject the child or family to future
reports of suspected child abuse or neglect. Acceptance of
these services shall be voluntary. The Department shall develop
and implement a public information campaign to alert health and
social service providers and the general public about these
special family preservation services. The nature and scope of
the services offered and the number of families served under
the special program implemented under this paragraph shall be
determined by the level of funding that the Department annually
allocates for this purpose. The term "pervasive developmental
disorder" under this paragraph means a neurological condition,
including, but not limited to, Asperger's Syndrome and autism,
as defined in the most recent edition of the Diagnostic and
Statistical Manual of Mental Disorders of the American
Psychiatric Association.
(l-1) The legislature recognizes that the best interests of
the child require that the child be placed in the most
permanent living arrangement as soon as is practically
possible. To achieve this goal, the legislature directs the
Department of Children and Family Services to conduct
concurrent planning so that permanency may occur at the

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earliest opportunity. Permanent living arrangements may
include prevention of placement of a child outside the home of
the family when the child can be cared for at home without
endangering the child's health or safety; reunification with
the family, when safe and appropriate, if temporary placement
is necessary; or movement of the child toward the most
permanent living arrangement and permanent legal status.
When determining reasonable efforts to be made with respect
to a child, as described in this subsection, and in making such
reasonable efforts, the child's health and safety shall be the
paramount concern.
When a child is placed in foster care, the Department shall
ensure and document that reasonable efforts were made to
prevent or eliminate the need to remove the child from the
child's home. The Department must make reasonable efforts to
reunify the family when temporary placement of the child occurs
unless otherwise required, pursuant to the Juvenile Court Act
of 1987. At any time after the dispositional hearing where the
Department believes that further reunification services would
be ineffective, it may request a finding from the court that
reasonable efforts are no longer appropriate. The Department is
not required to provide further reunification services after
such a finding.
A decision to place a child in substitute care shall be
made with considerations of the child's health, safety, and
best interests. At the time of placement, consideration should

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also be given so that if reunification fails or is delayed, the
placement made is the best available placement to provide
permanency for the child.
The Department shall adopt rules addressing concurrent
planning for reunification and permanency. The Department
shall consider the following factors when determining
appropriateness of concurrent planning:
(1) the likelihood of prompt reunification;
(2) the past history of the family;
(3) the barriers to reunification being addressed by
the family;
(4) the level of cooperation of the family;
(5) the foster parents' willingness to work with the
family to reunite;
(6) the willingness and ability of the foster family to
provide an adoptive home or long-term placement;
(7) the age of the child;
(8) placement of siblings.
(m) The Department may assume temporary custody of any
child if:
(1) it has received a written consent to such temporary
custody signed by the parents of the child or by the parent
having custody of the child if the parents are not living
together or by the guardian or custodian of the child if
the child is not in the custody of either parent, or
(2) the child is found in the State and neither a

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parent, guardian nor custodian of the child can be located.
If the child is found in his or her residence without a parent,
guardian, custodian, or responsible caretaker, the Department
may, instead of removing the child and assuming temporary
custody, place an authorized representative of the Department
in that residence until such time as a parent, guardian, or
custodian enters the home and expresses a willingness and
apparent ability to ensure the child's health and safety and
resume permanent charge of the child, or until a relative
enters the home and is willing and able to ensure the child's
health and safety and assume charge of the child until a
parent, guardian, or custodian enters the home and expresses
such willingness and ability to ensure the child's safety and
resume permanent charge. After a caretaker has remained in the
home for a period not to exceed 12 hours, the Department must
follow those procedures outlined in Section 2-9, 3-11, 4-8, or
5-415 of the Juvenile Court Act of 1987.
The Department shall have the authority, responsibilities
and duties that a legal custodian of the child would have
pursuant to subsection (9) of Section 1-3 of the Juvenile Court
Act of 1987. Whenever a child is taken into temporary custody
pursuant to an investigation under the Abused and Neglected
Child Reporting Act, or pursuant to a referral and acceptance
under the Juvenile Court Act of 1987 of a minor in limited
custody, the Department, during the period of temporary custody
and before the child is brought before a judicial officer as

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required by Section 2-9, 3-11, 4-8, or 5-415 of the Juvenile
Court Act of 1987, shall have the authority, responsibilities
and duties that a legal custodian of the child would have under
subsection (9) of Section 1-3 of the Juvenile Court Act of
1987.
The Department shall ensure that any child taken into
custody is scheduled for an appointment for a medical
examination.
A parent, guardian, or custodian of a child in the
temporary custody of the Department who would have custody of
the child if he were not in the temporary custody of the
Department may deliver to the Department a signed request that
the Department surrender the temporary custody of the child.
The Department may retain temporary custody of the child for 10
days after the receipt of the request, during which period the
Department may cause to be filed a petition pursuant to the
Juvenile Court Act of 1987. If a petition is so filed, the
Department shall retain temporary custody of the child until
the court orders otherwise. If a petition is not filed within
the 10-day period, the child shall be surrendered to the
custody of the requesting parent, guardian, or custodian not
later than the expiration of the 10-day period, at which time
the authority and duties of the Department with respect to the
temporary custody of the child shall terminate.
(m-1) The Department may place children under 18 years of
age in a secure child care facility licensed by the Department

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that cares for children who are in need of secure living
arrangements for their health, safety, and well-being after a
determination is made by the facility director and the Director
or the Director's designate prior to admission to the facility
subject to Section 2-27.1 of the Juvenile Court Act of 1987.
This subsection (m-1) does not apply to a child who is subject
to placement in a correctional facility operated pursuant to
Section 3-15-2 of the Unified Code of Corrections, unless the
child is a youth in care who was placed in the care of the
Department before being subject to placement in a correctional
facility and a court of competent jurisdiction has ordered
placement of the child in a secure care facility.
(n) The Department may place children under 18 years of age
in licensed child care facilities when in the opinion of the
Department, appropriate services aimed at family preservation
have been unsuccessful and cannot ensure the child's health and
safety or are unavailable and such placement would be for their
best interest. Payment for board, clothing, care, training and
supervision of any child placed in a licensed child care
facility may be made by the Department, by the parents or
guardians of the estates of those children, or by both the
Department and the parents or guardians, except that no
payments shall be made by the Department for any child placed
in a licensed child care facility for board, clothing, care,
training and supervision of such a child that exceed the
average per capita cost of maintaining and of caring for a

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child in institutions for dependent or neglected children
operated by the Department. However, such restriction on
payments does not apply in cases where children require
specialized care and treatment for problems of severe emotional
disturbance, physical disability, social adjustment, or any
combination thereof and suitable facilities for the placement
of such children are not available at payment rates within the
limitations set forth in this Section. All reimbursements for
services delivered shall be absolutely inalienable by
assignment, sale, attachment, or garnishment or otherwise.
(n-1) The Department shall provide or authorize child
welfare services, aimed at assisting minors to achieve
sustainable self-sufficiency as independent adults, for any
minor eligible for the reinstatement of wardship pursuant to
subsection (2) of Section 2-33 of the Juvenile Court Act of
1987, whether or not such reinstatement is sought or allowed,
provided that the minor consents to such services and has not
yet attained the age of 21. The Department shall have
responsibility for the development and delivery of services
under this Section. An eligible youth may access services under
this Section through the Department of Children and Family
Services or by referral from the Department of Human Services.
Youth participating in services under this Section shall
cooperate with the assigned case manager in developing an
agreement identifying the services to be provided and how the
youth will increase skills to achieve self-sufficiency. A

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homeless shelter is not considered appropriate housing for any
youth receiving child welfare services under this Section. The
Department shall continue child welfare services under this
Section to any eligible minor until the minor becomes 21 years
of age, no longer consents to participate, or achieves
self-sufficiency as identified in the minor's service plan. The
Department of Children and Family Services shall create clear,
readable notice of the rights of former foster youth to child
welfare services under this Section and how such services may
be obtained. The Department of Children and Family Services and
the Department of Human Services shall disseminate this
information statewide. The Department shall adopt regulations
describing services intended to assist minors in achieving
sustainable self-sufficiency as independent adults.
(o) The Department shall establish an administrative
review and appeal process for children and families who request
or receive child welfare services from the Department. Youth in
care who are placed by private child welfare agencies, and
foster families with whom those youth are placed, shall be
afforded the same procedural and appeal rights as children and
families in the case of placement by the Department, including
the right to an initial review of a private agency decision by
that agency. The Department shall ensure that any private child
welfare agency, which accepts youth in care for placement,
affords those rights to children and foster families. The
Department shall accept for administrative review and an appeal

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hearing a complaint made by (i) a child or foster family
concerning a decision following an initial review by a private
child welfare agency or (ii) a prospective adoptive parent who
alleges a violation of subsection (j-5) of this Section. An
appeal of a decision concerning a change in the placement of a
child shall be conducted in an expedited manner. A court
determination that a current foster home placement is necessary
and appropriate under Section 2-28 of the Juvenile Court Act of
1987 does not constitute a judicial determination on the merits
of an administrative appeal, filed by a former foster parent,
involving a change of placement decision.
(p) (Blank).
(q) The Department may receive and use, in their entirety,
for the benefit of children any gift, donation, or bequest of
money or other property which is received on behalf of such
children, or any financial benefits to which such children are
or may become entitled while under the jurisdiction or care of
the Department.
The Department shall set up and administer no-cost,
interest-bearing accounts in appropriate financial
institutions for children for whom the Department is legally
responsible and who have been determined eligible for Veterans'
Benefits, Social Security benefits, assistance allotments from
the armed forces, court ordered payments, parental voluntary
payments, Supplemental Security Income, Railroad Retirement
payments, Black Lung benefits, or other miscellaneous

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payments. Interest earned by each account shall be credited to
the account, unless disbursed in accordance with this
subsection.
In disbursing funds from children's accounts, the
Department shall:
(1) Establish standards in accordance with State and
federal laws for disbursing money from children's
accounts. In all circumstances, the Department's
"Guardianship Administrator" or his or her designee must
approve disbursements from children's accounts. The
Department shall be responsible for keeping complete
records of all disbursements for each account for any
purpose.
(2) Calculate on a monthly basis the amounts paid from
State funds for the child's board and care, medical care
not covered under Medicaid, and social services; and
utilize funds from the child's account, as covered by
regulation, to reimburse those costs. Monthly,
disbursements from all children's accounts, up to 1/12 of
$13,000,000, shall be deposited by the Department into the
General Revenue Fund and the balance over 1/12 of
$13,000,000 into the DCFS Children's Services Fund.
(3) Maintain any balance remaining after reimbursing
for the child's costs of care, as specified in item (2).
The balance shall accumulate in accordance with relevant
State and federal laws and shall be disbursed to the child

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or his or her guardian, or to the issuing agency.
(r) The Department shall promulgate regulations
encouraging all adoption agencies to voluntarily forward to the
Department or its agent names and addresses of all persons who
have applied for and have been approved for adoption of a
hard-to-place child or child with a disability and the names of
such children who have not been placed for adoption. A list of
such names and addresses shall be maintained by the Department
or its agent, and coded lists which maintain the
confidentiality of the person seeking to adopt the child and of
the child shall be made available, without charge, to every
adoption agency in the State to assist the agencies in placing
such children for adoption. The Department may delegate to an
agent its duty to maintain and make available such lists. The
Department shall ensure that such agent maintains the
confidentiality of the person seeking to adopt the child and of
the child.
(s) The Department of Children and Family Services may
establish and implement a program to reimburse Department and
private child welfare agency foster parents licensed by the
Department of Children and Family Services for damages
sustained by the foster parents as a result of the malicious or
negligent acts of foster children, as well as providing third
party coverage for such foster parents with regard to actions
of foster children to other individuals. Such coverage will be
secondary to the foster parent liability insurance policy, if

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applicable. The program shall be funded through appropriations
from the General Revenue Fund, specifically designated for such
purposes.
(t) The Department shall perform home studies and
investigations and shall exercise supervision over visitation
as ordered by a court pursuant to the Illinois Marriage and
Dissolution of Marriage Act or the Adoption Act only if:
(1) an order entered by an Illinois court specifically
directs the Department to perform such services; and
(2) the court has ordered one or both of the parties to
the proceeding to reimburse the Department for its
reasonable costs for providing such services in accordance
with Department rules, or has determined that neither party
is financially able to pay.
The Department shall provide written notification to the
court of the specific arrangements for supervised visitation
and projected monthly costs within 60 days of the court order.
The Department shall send to the court information related to
the costs incurred except in cases where the court has
determined the parties are financially unable to pay. The court
may order additional periodic reports as appropriate.
(u) In addition to other information that must be provided,
whenever the Department places a child with a prospective
adoptive parent or parents, or in a licensed foster home, group
home, or child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or

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parents or other caretaker:
(1) available detailed information concerning the
child's educational and health history, copies of
immunization records (including insurance and medical card
information), a history of the child's previous
placements, if any, and reasons for placement changes
excluding any information that identifies or reveals the
location of any previous caretaker;
(2) a copy of the child's portion of the client service
plan, including any visitation arrangement, and all
amendments or revisions to it as related to the child; and
(3) information containing details of the child's
individualized educational plan when the child is
receiving special education services.
The caretaker shall be informed of any known social or
behavioral information (including, but not limited to,
criminal background, fire setting, perpetuation of sexual
abuse, destructive behavior, and substance abuse) necessary to
care for and safeguard the children to be placed or currently
in the home. The Department may prepare a written summary of
the information required by this paragraph, which may be
provided to the foster or prospective adoptive parent in
advance of a placement. The foster or prospective adoptive
parent may review the supporting documents in the child's file
in the presence of casework staff. In the case of an emergency
placement, casework staff shall at least provide known

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information verbally, if necessary, and must subsequently
provide the information in writing as required by this
subsection.
The information described in this subsection shall be
provided in writing. In the case of emergency placements when
time does not allow prior review, preparation, and collection
of written information, the Department shall provide such
information as it becomes available. Within 10 business days
after placement, the Department shall obtain from the
prospective adoptive parent or parents or other caretaker a
signed verification of receipt of the information provided.
Within 10 business days after placement, the Department shall
provide to the child's guardian ad litem a copy of the
information provided to the prospective adoptive parent or
parents or other caretaker. The information provided to the
prospective adoptive parent or parents or other caretaker shall
be reviewed and approved regarding accuracy at the supervisory
level.
(u-5) Effective July 1, 1995, only foster care placements
licensed as foster family homes pursuant to the Child Care Act
of 1969 shall be eligible to receive foster care payments from
the Department. Relative caregivers who, as of July 1, 1995,
were approved pursuant to approved relative placement rules
previously promulgated by the Department at 89 Ill. Adm. Code
335 and had submitted an application for licensure as a foster
family home may continue to receive foster care payments only

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until the Department determines that they may be licensed as a
foster family home or that their application for licensure is
denied or until September 30, 1995, whichever occurs first.
(v) The Department shall access criminal history record
information as defined in the Illinois Uniform Conviction
Information Act and information maintained in the adjudicatory
and dispositional record system as defined in Section 2605-355
of the Illinois Department of State Police Law (20 ILCS
2605/2605-355) if the Department determines the information is
necessary to perform its duties under the Abused and Neglected
Child Reporting Act, the Child Care Act of 1969, and the
Children and Family Services Act. The Department shall provide
for interactive computerized communication and processing
equipment that permits direct on-line communication with the
Illinois Department of State Police's central criminal history
data repository. The Department shall comply with all
certification requirements and provide certified operators who
have been trained by personnel from the Illinois Department of
State Police. In addition, one Office of the Inspector General
investigator shall have training in the use of the criminal
history information access system and have access to the
terminal. The Department of Children and Family Services and
its employees shall abide by rules and regulations established
by the Illinois Department of State Police relating to the
access and dissemination of this information.
(v-1) Prior to final approval for placement of a child, the

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Department shall conduct a criminal records background check of
the prospective foster or adoptive parent, including
fingerprint-based checks of national crime information
databases. Final approval for placement shall not be granted if
the record check reveals a felony conviction for child abuse or
neglect, for spousal abuse, for a crime against children, or
for a crime involving violence, including rape, sexual assault,
or homicide, but not including other physical assault or
battery, or if there is a felony conviction for physical
assault, battery, or a drug-related offense committed within
the past 5 years.
(v-2) Prior to final approval for placement of a child, the
Department shall check its child abuse and neglect registry for
information concerning prospective foster and adoptive
parents, and any adult living in the home. If any prospective
foster or adoptive parent or other adult living in the home has
resided in another state in the preceding 5 years, the
Department shall request a check of that other state's child
abuse and neglect registry.
(w) Within 120 days of August 20, 1995 (the effective date
of Public Act 89-392), the Department shall prepare and submit
to the Governor and the General Assembly, a written plan for
the development of in-state licensed secure child care
facilities that care for children who are in need of secure
living arrangements for their health, safety, and well-being.
For purposes of this subsection, secure care facility shall

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mean a facility that is designed and operated to ensure that
all entrances and exits from the facility, a building or a
distinct part of the building, are under the exclusive control
of the staff of the facility, whether or not the child has the
freedom of movement within the perimeter of the facility,
building, or distinct part of the building. The plan shall
include descriptions of the types of facilities that are needed
in Illinois; the cost of developing these secure care
facilities; the estimated number of placements; the potential
cost savings resulting from the movement of children currently
out-of-state who are projected to be returned to Illinois; the
necessary geographic distribution of these facilities in
Illinois; and a proposed timetable for development of such
facilities.
(x) The Department shall conduct annual credit history
checks to determine the financial history of children placed
under its guardianship pursuant to the Juvenile Court Act of
1987. The Department shall conduct such credit checks starting
when a youth in care turns 12 years old and each year
thereafter for the duration of the guardianship as terminated
pursuant to the Juvenile Court Act of 1987. The Department
shall determine if financial exploitation of the child's
personal information has occurred. If financial exploitation
appears to have taken place or is presently ongoing, the
Department shall notify the proper law enforcement agency, the
proper State's Attorney, or the Attorney General.

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(y) Beginning on July 22, 2010 (the effective date of
Public Act 96-1189), a child with a disability who receives
residential and educational services from the Department shall
be eligible to receive transition services in accordance with
Article 14 of the School Code from the age of 14.5 through age
21, inclusive, notwithstanding the child's residential
services arrangement. For purposes of this subsection, "child
with a disability" means a child with a disability as defined
by the federal Individuals with Disabilities Education
Improvement Act of 2004.
(z) The Department shall access criminal history record
information as defined as "background information" in this
subsection and criminal history record information as defined
in the Illinois Uniform Conviction Information Act for each
Department employee or Department applicant. Each Department
employee or Department applicant shall submit his or her
fingerprints to the Illinois Department of State Police in the
form and manner prescribed by the Illinois Department of State
Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
Department of State Police and the Federal Bureau of
Investigation criminal history records databases. The Illinois
Department of State Police shall charge a fee for conducting
the criminal history record check, which shall be deposited
into the State Police Services Fund and shall not exceed the
actual cost of the record check. The Illinois Department of

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State Police shall furnish, pursuant to positive
identification, all Illinois conviction information to the
Department of Children and Family Services.
For purposes of this subsection:
"Background information" means all of the following:
(i) Upon the request of the Department of Children and
Family Services, conviction information obtained from the
Illinois Department of State Police as a result of a
fingerprint-based criminal history records check of the
Illinois criminal history records database and the Federal
Bureau of Investigation criminal history records database
concerning a Department employee or Department applicant.
(ii) Information obtained by the Department of
Children and Family Services after performing a check of
the Illinois Department of State Police's Sex Offender
Database, as authorized by Section 120 of the Sex Offender
Community Notification Law, concerning a Department
employee or Department applicant.
(iii) Information obtained by the Department of
Children and Family Services after performing a check of
the Child Abuse and Neglect Tracking System (CANTS)
operated and maintained by the Department.
"Department employee" means a full-time or temporary
employee coded or certified within the State of Illinois
Personnel System.
"Department applicant" means an individual who has

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conditional Department full-time or part-time work, a
contractor, an individual used to replace or supplement staff,
an academic intern, a volunteer in Department offices or on
Department contracts, a work-study student, an individual or
entity licensed by the Department, or an unlicensed service
provider who works as a condition of a contract or an agreement
and whose work may bring the unlicensed service provider into
contact with Department clients or client records.
(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
8-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
eff. 7-12-19; revised 8-1-19.)
(20 ILCS 505/35.5)
Sec. 35.5. Inspector General.
(a) The Governor shall appoint, and the Senate shall
confirm, an Inspector General who shall have the authority to
conduct investigations into allegations of or incidents of
possible misconduct, misfeasance, malfeasance, or violations
of rules, procedures, or laws by any employee, foster parent,
service provider, or contractor of the Department of Children
and Family Services, except for allegations of violations of
the State Officials and Employees Ethics Act which shall be
referred to the Office of the Governor's Executive Inspector
General for investigation. The Inspector General shall make
recommendations to the Director of Children and Family Services

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concerning sanctions or disciplinary actions against
Department employees or providers of service under contract to
the Department. The Director of Children and Family Services
shall provide the Inspector General with an implementation
report on the status of any corrective actions taken on
recommendations under review and shall continue sending
updated reports until the corrective action is completed. The
Director shall provide a written response to the Inspector
General indicating the status of any sanctions or disciplinary
actions against employees or providers of service involving any
investigation subject to review. In any case, information
included in the reports to the Inspector General and Department
responses shall be subject to the public disclosure
requirements of the Abused and Neglected Child Reporting Act.
Any investigation conducted by the Inspector General shall be
independent and separate from the investigation mandated by the
Abused and Neglected Child Reporting Act. The Inspector General
shall be appointed for a term of 4 years. The Inspector General
shall function independently within the Department of Children
and Family Services with respect to the operations of the
Office of Inspector General, including the performance of
investigations and issuance of findings and recommendations,
and shall report to the Director of Children and Family
Services and the Governor and perform other duties the Director
may designate. The Inspector General shall adopt rules as
necessary to carry out the functions, purposes, and duties of

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the office of Inspector General in the Department of Children
and Family Services, in accordance with the Illinois
Administrative Procedure Act and any other applicable law.
(b) The Inspector General shall have access to all
information and personnel necessary to perform the duties of
the office. To minimize duplication of efforts, and to assure
consistency and conformance with the requirements and
procedures established in the B.H. v. Suter consent decree and
to share resources when appropriate, the Inspector General
shall coordinate his or her activities with the Bureau of
Quality Assurance within the Department.
(c) The Inspector General shall be the primary liaison
between the Department and the Illinois Department of State
Police with regard to investigations conducted under the
Inspector General's auspices. If the Inspector General
determines that a possible criminal act has been committed, or
that special expertise is required in the investigation, he or
she shall immediately notify the Illinois Department of State
Police. All investigations conducted by the Inspector General
shall be conducted in a manner designed to ensure the
preservation of evidence for possible use in a criminal
prosecution.
(d) The Inspector General may recommend to the Department
of Children and Family Services, the Department of Public
Health, or any other appropriate agency, sanctions to be
imposed against service providers under the jurisdiction of or

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under contract with the Department for the protection of
children in the custody or under the guardianship of the
Department who received services from those providers. The
Inspector General may seek the assistance of the Attorney
General or any of the several State's Attorneys in imposing
sanctions.
(e) The Inspector General shall at all times be granted
access to any foster home, facility, or program operated for or
licensed or funded by the Department.
(f) Nothing in this Section shall limit investigations by
the Department of Children and Family Services that may
otherwise be required by law or that may be necessary in that
Department's capacity as the central administrative authority
for child welfare.
(g) The Inspector General shall have the power to subpoena
witnesses and compel the production of books and papers
pertinent to an investigation authorized by this Act. The power
to subpoena or to compel the production of books and papers,
however, shall not extend to the person or documents of a labor
organization or its representatives insofar as the person or
documents of a labor organization relate to the function of
representing an employee subject to investigation under this
Act. Any person who fails to appear in response to a subpoena
or to answer any question or produce any books or papers
pertinent to an investigation under this Act, except as
otherwise provided in this Section, or who knowingly gives

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false testimony in relation to an investigation under this Act
is guilty of a Class A misdemeanor.
(h) The Inspector General shall provide to the General
Assembly and the Governor, no later than January 1 of each
year, a summary of reports and investigations made under this
Section for the prior fiscal year. The summaries shall detail
the imposition of sanctions and the final disposition of those
recommendations. The summaries shall not contain any
confidential or identifying information concerning the
subjects of the reports and investigations. The summaries also
shall include detailed recommended administrative actions and
matters for consideration by the General Assembly.
(Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)
(20 ILCS 505/35.6)
Sec. 35.6. State-wide toll-free telephone number.
(a) There shall be a State-wide, toll-free telephone number
for any person, whether or not mandated by law, to report to
the Inspector General of the Department, suspected misconduct,
malfeasance, misfeasance, or violations of rules, procedures,
or laws by Department employees, service providers, or
contractors that is detrimental to the best interest of
children receiving care, services, or training from or who were
committed to the Department as allowed under Section 5 of this
Act. Immediately upon receipt of a telephone call regarding
suspected abuse or neglect of children, the Inspector General

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shall refer the call to the Child Abuse and Neglect Hotline or
to the Illinois State Police as mandated by the Abused and
Neglected Child Reporting Act and Section 35.5 of this Act. A
mandated reporter shall not be relieved of his or her duty to
report incidents to the Child Abuse and Neglect Hotline
referred to in this subsection. The Inspector General shall
also establish rules and procedures for evaluating reports of
suspected misconduct and violation of rules and for conducting
an investigation of such reports.
(b) The Inspector General shall prepare and maintain
written records from the reporting source that shall contain
the following information to the extent known at the time the
report is made: (1) the names and addresses of the child and
the person responsible for the child's welfare; (2) the nature
of the misconduct and the detriment cause to the child's best
interest; (3) the names of the persons or agencies responsible
for the alleged misconduct. Any investigation conducted by the
Inspector General pursuant to such information shall not
duplicate and shall be separate from the investigation mandated
by the Abused and Neglected Child Reporting Act. However, the
Inspector General may include the results of such investigation
in reports compiled under this Section. At the request of the
reporting agent, the Inspector General shall keep the identity
of the reporting agent strictly confidential from the operation
of the Department, until the Inspector General shall determine
what recommendations shall be made with regard to discipline or

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sanction of the Department employee, service provider, or
contractor, with the exception of suspected child abuse or
neglect which shall be handled consistent with the Abused and
Neglected Child Reporting Act and Section 35.5 of this Act. The
Department shall take whatever steps are necessary to assure
that a person making a report in good faith under this Section
is not adversely affected solely on the basis of having made
such report.
(Source: P.A. 92-334, eff. 8-10-01.)
Section 130. The Department of Children and Family Services
Powers Law of the Civil Administrative Code of Illinois is
amended by changing Section 510-100 as follows:
(20 ILCS 510/510-100) (was 20 ILCS 510/65.8)
Sec. 510-100. Criminal history record information.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.

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(Source: P.A. 91-239, eff. 1-1-00.)
Section 135. The Child Death Review Team Act is amended by
changing Section 15 as follows:
(20 ILCS 515/15)
Sec. 15. Child death review teams; establishment.
(a) The Inspector General of the Department, in
consultation and cooperation with the Executive Council, law
enforcement, and other professionals who work in the field of
investigating, treating, or preventing child abuse or neglect
in that subregion, shall appoint members to a child death
review team in each of the Department's administrative
subregions of the State outside Cook County and at least one
child death review team in Cook County. The members of a team
shall be appointed for 2-year terms and shall be eligible for
reappointment upon the expiration of the terms. The Inspector
General of the Department must fill any vacancy in a team
within 60 days after that vacancy occurs.
(b) Each child death review team shall consist of at least
one member from each of the following categories:
(1) Pediatrician or other physician knowledgeable
about child abuse and neglect.
(2) Representative of the Department.
(3) State's attorney or State's attorney's
representative.

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(4) Representative of a local law enforcement agency.
(5) Psychologist or psychiatrist.
(6) Representative of a local health department.
(7) Representative of a school district or other
education or child care interests.
(8) Coroner or forensic pathologist.
(9) Representative of a child welfare agency or child
advocacy organization.
(10) Representative of a local hospital, trauma
center, or provider of emergency medical services.
(11) Representative of the Illinois Department of
State Police.
(12) Representative of the Department of Public
Health.
Each child death review team may make recommendations to
the Inspector General of the Department concerning additional
appointments. In the event of a disagreement, the Executive
Council's decision shall control.
Each child death review team member must have demonstrated
experience and an interest in investigating, treating, or
preventing child abuse or neglect.
(c) Each child death review team shall select a chairperson
and vice-chairperson from among its members. The chairperson
shall also serve on the Illinois Child Death Review Teams
Executive Council. The vice-chairperson may also serve on the
Illinois Child Death Review Teams Executive Council, but shall

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not have a vote on child death review team business unless the
chairperson is unable to attend a meeting.
(d) The child death review teams shall be funded under a
separate line item in the Department's annual budget.
(e) The Department shall provide at least one full-time
Statewide Department of Children and Family Services Liaison
who shall attend all child death review team meetings, all
Executive meetings, all Executive Council meetings, and
meetings between the Director and the Executive Council.
(Source: P.A. 100-397, eff. 1-1-18; 100-1122, eff. 11-27-18.)
Section 140. The Financial Institutions Code is amended by
changing Section 6 as follows:
(20 ILCS 1205/6) (from Ch. 17, par. 106)
Sec. 6. In addition to the duties imposed elsewhere in this
Act, the Department has the following powers:
(1) To exercise the rights, powers and duties vested by law
in the Auditor of Public Accounts under "An Act to provide for
the incorporation, management and regulation of pawners'
societies and limiting the rate of compensation to be paid for
advances, storage and insurance on pawns and pledges and to
allow the loaning of money upon personal property", approved
March 29, 1899, as amended.
(2) To exercise the rights, powers and duties vested by law
in the Auditor of Public Accounts under "An Act in relation to

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the definition, licensing and regulation of community currency
exchanges and ambulatory currency exchanges, and the operators
and employees thereof, and to make an appropriation therefor,
and to provide penalties and remedies for the violation
thereof", approved June 30, 1943, as amended.
(3) To exercise the rights, powers, and duties vested by
law in the Auditor of Public Accounts under "An Act in relation
to the buying and selling of foreign exchange and the
transmission or transfer of money to foreign countries",
approved June 28, 1923, as amended.
(4) To exercise the rights, powers, and duties vested by
law in the Auditor of Public Accounts under "An Act to provide
for and regulate the business of guaranteeing titles to real
estate by corporations", approved May 13, 1901, as amended.
(5) To exercise the rights, powers and duties vested by law
in the Department of Insurance under "An Act to define,
license, and regulate the business of making loans of eight
hundred dollars or less, permitting an interest charge thereon
greater than otherwise allowed by law, authorizing and
regulating the assignment of wages or salary when taken as
security for any such loan or as consideration for a payment of
eight hundred dollars or less, providing penalties, and to
repeal Acts therein named", approved July 11, 1935, as amended.
(6) To administer and enforce "An Act to license and
regulate the keeping and letting of safety deposit boxes,
safes, and vaults, and the opening thereof, and to repeal a

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certain Act therein named", approved June 13, 1945, as amended.
(7) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(8) To administer the Payday Loan Reform Act.
(Source: P.A. 94-13, eff. 12-6-05.)
Section 145. The Department of Human Services Act is
amended by changing Section 1-17 as follows:
(20 ILCS 1305/1-17)
Sec. 1-17. Inspector General.
(a) Nature and purpose. It is the express intent of the
General Assembly to ensure the health, safety, and financial
condition of individuals receiving services in this State due
to mental illness, developmental disability, or both by
protecting those persons from acts of abuse, neglect, or both
by service providers. To that end, the Office of the Inspector
General for the Department of Human Services is created to

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investigate and report upon allegations of the abuse, neglect,
or financial exploitation of individuals receiving services
within mental health facilities, developmental disabilities
facilities, and community agencies operated, licensed, funded,
or certified by the Department of Human Services, but not
licensed or certified by any other State agency.
(b) Definitions. The following definitions apply to this
Section:
"Adult student with a disability" means an adult student,
age 18 through 21, inclusive, with an Individual Education
Program, other than a resident of a facility licensed by the
Department of Children and Family Services in accordance with
the Child Care Act of 1969. For purposes of this definition,
"through age 21, inclusive", means through the day before the
student's 22nd birthday.
"Agency" or "community agency" means (i) a community agency
licensed, funded, or certified by the Department, but not
licensed or certified by any other human services agency of the
State, to provide mental health service or developmental
disabilities service, or (ii) a program licensed, funded, or
certified by the Department, but not licensed or certified by
any other human services agency of the State, to provide mental
health service or developmental disabilities service.
"Aggravating circumstance" means a factor that is
attendant to a finding and that tends to compound or increase
the culpability of the accused.

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"Allegation" means an assertion, complaint, suspicion, or
incident involving any of the following conduct by an employee,
facility, or agency against an individual or individuals:
mental abuse, physical abuse, sexual abuse, neglect, or
financial exploitation.
"Day" means working day, unless otherwise specified.
"Deflection" means a situation in which an individual is
presented for admission to a facility or agency, and the
facility staff or agency staff do not admit the individual.
"Deflection" includes triage, redirection, and denial of
admission.
"Department" means the Department of Human Services.
"Developmental disability" means "developmental
disability" as defined in the Mental Health and Developmental
Disabilities Code.
"Egregious neglect" means a finding of neglect as
determined by the Inspector General that (i) represents a gross
failure to adequately provide for, or a callused indifference
to, the health, safety, or medical needs of an individual and
(ii) results in an individual's death or other serious
deterioration of an individual's physical condition or mental
condition.
"Employee" means any person who provides services at the
facility or agency on-site or off-site. The service
relationship can be with the individual or with the facility or
agency. Also, "employee" includes any employee or contractual

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agent of the Department of Human Services or the community
agency involved in providing or monitoring or administering
mental health or developmental disability services. This
includes but is not limited to: owners, operators, payroll
personnel, contractors, subcontractors, and volunteers.
"Facility" or "State-operated facility" means a mental
health facility or developmental disabilities facility
operated by the Department.
"Financial exploitation" means taking unjust advantage of
an individual's assets, property, or financial resources
through deception, intimidation, or conversion for the
employee's, facility's, or agency's own advantage or benefit.
"Finding" means the Office of Inspector General's
determination regarding whether an allegation is
substantiated, unsubstantiated, or unfounded.
"Health Care Worker Registry" or "Registry" means the
Health Care Worker Registry under the Health Care Worker
Background Check Act.
"Individual" means any person receiving mental health
service, developmental disabilities service, or both from a
facility or agency, while either on-site or off-site.
"Mental abuse" means the use of demeaning, intimidating, or
threatening words, signs, gestures, or other actions by an
employee about an individual and in the presence of an
individual or individuals that results in emotional distress or
maladaptive behavior, or could have resulted in emotional

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distress or maladaptive behavior, for any individual present.
"Mental illness" means "mental illness" as defined in the
Mental Health and Developmental Disabilities Code.
"Mentally ill" means having a mental illness.
"Mitigating circumstance" means a condition that (i) is
attendant to a finding, (ii) does not excuse or justify the
conduct in question, but (iii) may be considered in evaluating
the severity of the conduct, the culpability of the accused, or
both the severity of the conduct and the culpability of the
accused.
"Neglect" means an employee's, agency's, or facility's
failure to provide adequate medical care, personal care, or
maintenance and that, as a consequence, (i) causes an
individual pain, injury, or emotional distress, (ii) results in
either an individual's maladaptive behavior or the
deterioration of an individual's physical condition or mental
condition, or (iii) places the individual's health or safety at
substantial risk.
"Person with a developmental disability" means a person
having a developmental disability.
"Physical abuse" means an employee's non-accidental and
inappropriate contact with an individual that causes bodily
harm. "Physical abuse" includes actions that cause bodily harm
as a result of an employee directing an individual or person to
physically abuse another individual.
"Recommendation" means an admonition, separate from a

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finding, that requires action by the facility, agency, or
Department to correct a systemic issue, problem, or deficiency
identified during an investigation.
"Required reporter" means any employee who suspects,
witnesses, or is informed of an allegation of any one or more
of the following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation.
"Secretary" means the Chief Administrative Officer of the
Department.
"Sexual abuse" means any sexual contact or intimate
physical contact between an employee and an individual,
including an employee's coercion or encouragement of an
individual to engage in sexual behavior that results in sexual
contact, intimate physical contact, sexual behavior, or
intimate physical behavior. Sexual abuse also includes (i) an
employee's actions that result in the sending or showing of
sexually explicit images to an individual via computer,
cellular phone, electronic mail, portable electronic device,
or other media with or without contact with the individual or
(ii) an employee's posting of sexually explicit images of an
individual online or elsewhere whether or not there is contact
with the individual.
"Sexually explicit images" includes, but is not limited to,
any material which depicts nudity, sexual conduct, or
sado-masochistic abuse, or which contains explicit and
detailed verbal descriptions or narrative accounts of sexual

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excitement, sexual conduct, or sado-masochistic abuse.
"Substantiated" means there is a preponderance of the
evidence to support the allegation.
"Unfounded" means there is no credible evidence to support
the allegation.
"Unsubstantiated" means there is credible evidence, but
less than a preponderance of evidence to support the
allegation.
(c) Appointment. The Governor shall appoint, and the Senate
shall confirm, an Inspector General. The Inspector General
shall be appointed for a term of 4 years and shall function
within the Department of Human Services and report to the
Secretary and the Governor.
(d) Operation and appropriation. The Inspector General
shall function independently within the Department with
respect to the operations of the Office, including the
performance of investigations and issuance of findings and
recommendations. The appropriation for the Office of Inspector
General shall be separate from the overall appropriation for
the Department.
(e) Powers and duties. The Inspector General shall
investigate reports of suspected mental abuse, physical abuse,
sexual abuse, neglect, or financial exploitation of
individuals in any mental health or developmental disabilities
facility or agency and shall have authority to take immediate
action to prevent any one or more of the following from

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happening to individuals under its jurisdiction: mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation. Upon written request of an agency of this State,
the Inspector General may assist another agency of the State in
investigating reports of the abuse, neglect, or abuse and
neglect of persons with mental illness, persons with
developmental disabilities, or persons with both. To comply
with the requirements of subsection (k) of this Section, the
Inspector General shall also review all reportable deaths for
which there is no allegation of abuse or neglect. Nothing in
this Section shall preempt any duties of the Medical Review
Board set forth in the Mental Health and Developmental
Disabilities Code. The Inspector General shall have no
authority to investigate alleged violations of the State
Officials and Employees Ethics Act. Allegations of misconduct
under the State Officials and Employees Ethics Act shall be
referred to the Office of the Governor's Executive Inspector
General for investigation.
(f) Limitations. The Inspector General shall not conduct an
investigation within an agency or facility if that
investigation would be redundant to or interfere with an
investigation conducted by another State agency. The Inspector
General shall have no supervision over, or involvement in, the
routine programmatic, licensing, funding, or certification
operations of the Department. Nothing in this subsection limits
investigations by the Department that may otherwise be required

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by law or that may be necessary in the Department's capacity as
central administrative authority responsible for the operation
of the State's mental health and developmental disabilities
facilities.
(g) Rulemaking authority. The Inspector General shall
promulgate rules establishing minimum requirements for
reporting allegations as well as for initiating, conducting,
and completing investigations based upon the nature of the
allegation or allegations. The rules shall clearly establish
that if 2 or more State agencies could investigate an
allegation, the Inspector General shall not conduct an
investigation that would be redundant to, or interfere with, an
investigation conducted by another State agency. The rules
shall further clarify the method and circumstances under which
the Office of Inspector General may interact with the
licensing, funding, or certification units of the Department in
preventing further occurrences of mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, and financial
exploitation.
(h) Training programs. The Inspector General shall (i)
establish a comprehensive program to ensure that every person
authorized to conduct investigations receives ongoing training
relative to investigation techniques, communication skills,
and the appropriate means of interacting with persons receiving
treatment for mental illness, developmental disability, or
both mental illness and developmental disability, and (ii)

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establish and conduct periodic training programs for facility
and agency employees concerning the prevention and reporting of
any one or more of the following: mental abuse, physical abuse,
sexual abuse, neglect, egregious neglect, or financial
exploitation. The Inspector General shall further ensure (i)
every person authorized to conduct investigations at community
agencies receives ongoing training in Title 59, Parts 115, 116,
and 119 of the Illinois Administrative Code, and (ii) every
person authorized to conduct investigations shall receive
ongoing training in Title 59, Part 50 of the Illinois
Administrative Code. Nothing in this Section shall be deemed to
prevent the Office of Inspector General from conducting any
other training as determined by the Inspector General to be
necessary or helpful.
(i) Duty to cooperate.
(1) The Inspector General shall at all times be granted
access to any facility or agency for the purpose of
investigating any allegation, conducting unannounced site
visits, monitoring compliance with a written response, or
completing any other statutorily assigned duty. The
Inspector General shall conduct unannounced site visits to
each facility at least annually for the purpose of
reviewing and making recommendations on systemic issues
relative to preventing, reporting, investigating, and
responding to all of the following: mental abuse, physical
abuse, sexual abuse, neglect, egregious neglect, or

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financial exploitation.
(2) Any employee who fails to cooperate with an Office
of the Inspector General investigation is in violation of
this Act. Failure to cooperate with an investigation
includes, but is not limited to, any one or more of the
following: (i) creating and transmitting a false report to
the Office of the Inspector General hotline, (ii) providing
false information to an Office of the Inspector General
Investigator during an investigation, (iii) colluding with
other employees to cover up evidence, (iv) colluding with
other employees to provide false information to an Office
of the Inspector General investigator, (v) destroying
evidence, (vi) withholding evidence, or (vii) otherwise
obstructing an Office of the Inspector General
investigation. Additionally, any employee who, during an
unannounced site visit or written response compliance
check, fails to cooperate with requests from the Office of
the Inspector General is in violation of this Act.
(j) Subpoena powers. The Inspector General shall have the
power to subpoena witnesses and compel the production of all
documents and physical evidence relating to his or her
investigations and any hearings authorized by this Act. This
subpoena power shall not extend to persons or documents of a
labor organization or its representatives insofar as the
persons are acting in a representative capacity to an employee
whose conduct is the subject of an investigation or the

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documents relate to that representation. Any person who
otherwise fails to respond to a subpoena or who knowingly
provides false information to the Office of the Inspector
General by subpoena during an investigation is guilty of a
Class A misdemeanor.
(k) Reporting allegations and deaths.
(1) Allegations. If an employee witnesses, is told of,
or has reason to believe an incident of mental abuse,
physical abuse, sexual abuse, neglect, or financial
exploitation has occurred, the employee, agency, or
facility shall report the allegation by phone to the Office
of the Inspector General hotline according to the agency's
or facility's procedures, but in no event later than 4
hours after the initial discovery of the incident,
allegation, or suspicion of any one or more of the
following: mental abuse, physical abuse, sexual abuse,
neglect, or financial exploitation. A required reporter as
defined in subsection (b) of this Section who knowingly or
intentionally fails to comply with these reporting
requirements is guilty of a Class A misdemeanor.
(2) Deaths. Absent an allegation, a required reporter
shall, within 24 hours after initial discovery, report by
phone to the Office of the Inspector General hotline each
of the following:
(i) Any death of an individual occurring within 14
calendar days after discharge or transfer of the

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individual from a residential program or facility.
(ii) Any death of an individual occurring within 24
hours after deflection from a residential program or
facility.
(iii) Any other death of an individual occurring at
an agency or facility or at any Department-funded site.
(3) Retaliation. It is a violation of this Act for any
employee or administrator of an agency or facility to take
retaliatory action against an employee who acts in good
faith in conformance with his or her duties as a required
reporter.
(l) Reporting to law enforcement.
(1) Reporting criminal acts. Within 24 hours after
determining that there is credible evidence indicating
that a criminal act may have been committed or that special
expertise may be required in an investigation, the
Inspector General shall notify the Illinois Department of
State Police or other appropriate law enforcement
authority, or ensure that such notification is made. The
Illinois Department of State Police shall investigate any
report from a State-operated facility indicating a
possible murder, sexual assault, or other felony by an
employee. All investigations conducted by the Inspector
General shall be conducted in a manner designed to ensure
the preservation of evidence for possible use in a criminal
prosecution.

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(2) Reporting allegations of adult students with
disabilities. Upon receipt of a reportable allegation
regarding an adult student with a disability, the
Department's Office of the Inspector General shall
determine whether the allegation meets the criteria for the
Domestic Abuse Program under the Abuse of Adults with
Disabilities Intervention Act. If the allegation is
reportable to that program, the Office of the Inspector
General shall initiate an investigation. If the allegation
is not reportable to the Domestic Abuse Program, the Office
of the Inspector General shall make an expeditious referral
to the respective law enforcement entity. If the alleged
victim is already receiving services from the Department,
the Office of the Inspector General shall also make a
referral to the respective Department of Human Services'
Division or Bureau.
(m) Investigative reports. Upon completion of an
investigation, the Office of Inspector General shall issue an
investigative report identifying whether the allegations are
substantiated, unsubstantiated, or unfounded. Within 10
business days after the transmittal of a completed
investigative report substantiating an allegation, finding an
allegation is unsubstantiated, or if a recommendation is made,
the Inspector General shall provide the investigative report on
the case to the Secretary and to the director of the facility
or agency where any one or more of the following occurred:

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mental abuse, physical abuse, sexual abuse, neglect, egregious
neglect, or financial exploitation. The director of the
facility or agency shall be responsible for maintaining the
confidentiality of the investigative report consistent with
State and federal law. In a substantiated case, the
investigative report shall include any mitigating or
aggravating circumstances that were identified during the
investigation. If the case involves substantiated neglect, the
investigative report shall also state whether egregious
neglect was found. An investigative report may also set forth
recommendations. All investigative reports prepared by the
Office of the Inspector General shall be considered
confidential and shall not be released except as provided by
the law of this State or as required under applicable federal
law. Unsubstantiated and unfounded reports shall not be
disclosed except as allowed under Section 6 of the Abused and
Neglected Long Term Care Facility Residents Reporting Act. Raw
data used to compile the investigative report shall not be
subject to release unless required by law or a court order.
"Raw data used to compile the investigative report" includes,
but is not limited to, any one or more of the following: the
initial complaint, witness statements, photographs,
investigator's notes, police reports, or incident reports. If
the allegations are substantiated, the victim, the victim's
guardian, and the accused shall be provided with a redacted
copy of the investigative report. Death reports where there was

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no allegation of abuse or neglect shall only be released
pursuant to applicable State or federal law or a valid court
order. Unredacted investigative reports, as well as raw data,
may be shared with a local law enforcement entity, a State's
Attorney's office, or a county coroner's office upon written
request.
(n) Written responses, clarification requests, and
reconsideration requests.
(1) Written responses. Within 30 calendar days from
receipt of a substantiated investigative report or an
investigative report which contains recommendations,
absent a reconsideration request, the facility or agency
shall file a written response that addresses, in a concise
and reasoned manner, the actions taken to: (i) protect the
individual; (ii) prevent recurrences; and (iii) eliminate
the problems identified. The response shall include the
implementation and completion dates of such actions. If the
written response is not filed within the allotted 30
calendar day period, the Secretary shall determine the
appropriate corrective action to be taken.
(2) Requests for clarification. The facility, agency,
victim or guardian, or the subject employee may request
that the Office of Inspector General clarify the finding or
findings for which clarification is sought.
(3) Requests for reconsideration. The facility,
agency, victim or guardian, or the subject employee may

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request that the Office of the Inspector General reconsider
the finding or findings or the recommendations. A request
for reconsideration shall be subject to a multi-layer
review and shall include at least one reviewer who did not
participate in the investigation or approval of the
original investigative report. After the multi-layer
review process has been completed, the Inspector General
shall make the final determination on the reconsideration
request. The investigation shall be reopened if the
reconsideration determination finds that additional
information is needed to complete the investigative
record.
(o) Disclosure of the finding by the Inspector General. The
Inspector General shall disclose the finding of an
investigation to the following persons: (i) the Governor, (ii)
the Secretary, (iii) the director of the facility or agency,
(iv) the alleged victims and their guardians, (v) the
complainant, and (vi) the accused. This information shall
include whether the allegations were deemed substantiated,
unsubstantiated, or unfounded.
(p) Secretary review. Upon review of the Inspector
General's investigative report and any agency's or facility's
written response, the Secretary shall accept or reject the
written response and notify the Inspector General of that
determination. The Secretary may further direct that other
administrative action be taken, including, but not limited to,

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any one or more of the following: (i) additional site visits,
(ii) training, (iii) provision of technical assistance
relative to administrative needs, licensure, or certification,
or (iv) the imposition of appropriate sanctions.
(q) Action by facility or agency. Within 30 days of the
date the Secretary approves the written response or directs
that further administrative action be taken, the facility or
agency shall provide an implementation report to the Inspector
General that provides the status of the action taken. The
facility or agency shall be allowed an additional 30 days to
send notice of completion of the action or to send an updated
implementation report. If the action has not been completed
within the additional 30-day period, the facility or agency
shall send updated implementation reports every 60 days until
completion. The Inspector General shall conduct a review of any
implementation plan that takes more than 120 days after
approval to complete, and shall monitor compliance through a
random review of approved written responses, which may include,
but are not limited to: (i) site visits, (ii) telephone
contact, and (iii) requests for additional documentation
evidencing compliance.
(r) Sanctions. Sanctions, if imposed by the Secretary under
Subdivision (p)(iv) of this Section, shall be designed to
prevent further acts of mental abuse, physical abuse, sexual
abuse, neglect, egregious neglect, or financial exploitation
or some combination of one or more of those acts at a facility

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or agency, and may include any one or more of the following:
(1) Appointment of on-site monitors.
(2) Transfer or relocation of an individual or
individuals.
(3) Closure of units.
(4) Termination of any one or more of the following:
(i) Department licensing, (ii) funding, or (iii)
certification.
The Inspector General may seek the assistance of the
Illinois Attorney General or the office of any State's Attorney
in implementing sanctions.
(s) Health Care Worker Registry.
(1) Reporting to the Registry. The Inspector General
shall report to the Department of Public Health's Health
Care Worker Registry, a public registry, the identity and
finding of each employee of a facility or agency against
whom there is a final investigative report containing a
substantiated allegation of physical or sexual abuse,
financial exploitation, or egregious neglect of an
individual.
(2) Notice to employee. Prior to reporting the name of
an employee, the employee shall be notified of the
Department's obligation to report and shall be granted an
opportunity to request an administrative hearing, the sole
purpose of which is to determine if the substantiated
finding warrants reporting to the Registry. Notice to the

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employee shall contain a clear and concise statement of the
grounds on which the report to the Registry is based, offer
the employee an opportunity for a hearing, and identify the
process for requesting such a hearing. Notice is sufficient
if provided by certified mail to the employee's last known
address. If the employee fails to request a hearing within
30 days from the date of the notice, the Inspector General
shall report the name of the employee to the Registry.
Nothing in this subdivision (s)(2) shall diminish or impair
the rights of a person who is a member of a collective
bargaining unit under the Illinois Public Labor Relations
Act or under any other federal labor statute.
(3) Registry hearings. If the employee requests an
administrative hearing, the employee shall be granted an
opportunity to appear before an administrative law judge to
present reasons why the employee's name should not be
reported to the Registry. The Department shall bear the
burden of presenting evidence that establishes, by a
preponderance of the evidence, that the substantiated
finding warrants reporting to the Registry. After
considering all the evidence presented, the administrative
law judge shall make a recommendation to the Secretary as
to whether the substantiated finding warrants reporting
the name of the employee to the Registry. The Secretary
shall render the final decision. The Department and the
employee shall have the right to request that the

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administrative law judge consider a stipulated disposition
of these proceedings.
(4) Testimony at Registry hearings. A person who makes
a report or who investigates a report under this Act shall
testify fully in any judicial proceeding resulting from
such a report, as to any evidence of abuse or neglect, or
the cause thereof. No evidence shall be excluded by reason
of any common law or statutory privilege relating to
communications between the alleged perpetrator of abuse or
neglect, or the individual alleged as the victim in the
report, and the person making or investigating the report.
Testimony at hearings is exempt from the confidentiality
requirements of subsection (f) of Section 10 of the Mental
Health and Developmental Disabilities Confidentiality Act.
(5) Employee's rights to collateral action. No
reporting to the Registry shall occur and no hearing shall
be set or proceed if an employee notifies the Inspector
General in writing, including any supporting
documentation, that he or she is formally contesting an
adverse employment action resulting from a substantiated
finding by complaint filed with the Illinois Civil Service
Commission, or which otherwise seeks to enforce the
employee's rights pursuant to any applicable collective
bargaining agreement. If an action taken by an employer
against an employee as a result of a finding of physical
abuse, sexual abuse, or egregious neglect is overturned

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through an action filed with the Illinois Civil Service
Commission or under any applicable collective bargaining
agreement and if that employee's name has already been sent
to the Registry, the employee's name shall be removed from
the Registry.
(6) Removal from Registry. At any time after the report
to the Registry, but no more than once in any 12-month
period, an employee may petition the Department in writing
to remove his or her name from the Registry. Upon receiving
notice of such request, the Inspector General shall conduct
an investigation into the petition. Upon receipt of such
request, an administrative hearing will be set by the
Department. At the hearing, the employee shall bear the
burden of presenting evidence that establishes, by a
preponderance of the evidence, that removal of the name
from the Registry is in the public interest. The parties
may jointly request that the administrative law judge
consider a stipulated disposition of these proceedings.
(t) Review of Administrative Decisions. The Department
shall preserve a record of all proceedings at any formal
hearing conducted by the Department involving Health Care
Worker Registry hearings. Final administrative decisions of
the Department are subject to judicial review pursuant to
provisions of the Administrative Review Law.
(u) Quality Care Board. There is created, within the Office
of the Inspector General, a Quality Care Board to be composed

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of 7 members appointed by the Governor with the advice and
consent of the Senate. One of the members shall be designated
as chairman by the Governor. Of the initial appointments made
by the Governor, 4 Board members shall each be appointed for a
term of 4 years and 3 members shall each be appointed for a
term of 2 years. Upon the expiration of each member's term, a
successor shall be appointed for a term of 4 years. In the case
of a vacancy in the office of any member, the Governor shall
appoint a successor for the remainder of the unexpired term.
Members appointed by the Governor shall be qualified by
professional knowledge or experience in the area of law,
investigatory techniques, or in the area of care of the
mentally ill or care of persons with developmental
disabilities. Two members appointed by the Governor shall be
persons with a disability or parents of persons with a
disability. Members shall serve without compensation, but
shall be reimbursed for expenses incurred in connection with
the performance of their duties as members.
The Board shall meet quarterly, and may hold other meetings
on the call of the chairman. Four members shall constitute a
quorum allowing the Board to conduct its business. The Board
may adopt rules and regulations it deems necessary to govern
its own procedures.
The Board shall monitor and oversee the operations,
policies, and procedures of the Inspector General to ensure the
prompt and thorough investigation of allegations of neglect and

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abuse. In fulfilling these responsibilities, the Board may do
the following:
(1) Provide independent, expert consultation to the
Inspector General on policies and protocols for
investigations of alleged abuse, neglect, or both abuse and
neglect.
(2) Review existing regulations relating to the
operation of facilities.
(3) Advise the Inspector General as to the content of
training activities authorized under this Section.
(4) Recommend policies concerning methods for
improving the intergovernmental relationships between the
Office of the Inspector General and other State or federal
offices.
(v) Annual report. The Inspector General shall provide to
the General Assembly and the Governor, no later than January 1
of each year, a summary of reports and investigations made
under this Act for the prior fiscal year with respect to
individuals receiving mental health or developmental
disabilities services. The report shall detail the imposition
of sanctions, if any, and the final disposition of any
corrective or administrative action directed by the Secretary.
The summaries shall not contain any confidential or identifying
information of any individual, but shall include objective data
identifying any trends in the number of reported allegations,
the timeliness of the Office of the Inspector General's

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investigations, and their disposition, for each facility and
Department-wide, for the most recent 3-year time period. The
report shall also identify, by facility, the staff-to-patient
ratios taking account of direct care staff only. The report
shall also include detailed recommended administrative actions
and matters for consideration by the General Assembly.
(w) Program audit. The Auditor General shall conduct a
program audit of the Office of the Inspector General on an
as-needed basis, as determined by the Auditor General. The
audit shall specifically include the Inspector General's
compliance with the Act and effectiveness in investigating
reports of allegations occurring in any facility or agency. The
Auditor General shall conduct the program audit according to
the provisions of the Illinois State Auditing Act and shall
report its findings to the General Assembly no later than
January 1 following the audit period.
(x) Nothing in this Section shall be construed to mean that
an individual is a victim of abuse or neglect because of health
care services appropriately provided or not provided by health
care professionals.
(y) Nothing in this Section shall require a facility,
including its employees, agents, medical staff members, and
health care professionals, to provide a service to an
individual in contravention of that individual's stated or
implied objection to the provision of that service on the
ground that that service conflicts with the individual's

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religious beliefs or practices, nor shall the failure to
provide a service to an individual be considered abuse under
this Section if the individual has objected to the provision of
that service based on his or her religious beliefs or
practices.
(Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17;
100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff.
8-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
Section 150. The Department of Innovation and Technology
Act is amended by changing Section 1-5 as follows:
(20 ILCS 1370/1-5)
Sec. 1-5. Definitions. In this Act:
"Bureau of Communications and Computer Services" means the
Bureau of Communications and Computer Services, also known as
the Bureau of Information and Communication Services, created
by rule (2 Illinois Administrative Code 750.40) within the
Department of Central Management Services.
"Client agency" means each transferring agency, or its
successor. When applicable, "client agency" may also include
any other public agency to which the Department provides
service to the extent specified in an interagency contract with
the public agency.
"Dedicated unit" means the dedicated bureau, division,
office, or other unit within a transferring agency that is

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responsible for the information technology functions of the
transferring agency. For the Office of the Governor, "dedicated
unit" means the Information Technology Office, also known as
the Office of the Chief Information Officer. For the Department
of Central Management Services, "dedicated unit" means the
Bureau of Communications and Computer Services, also known as
the Bureau of Information and Communication Services.
"Department" means the Department of Innovation and
Technology.
"Information technology" means technology, infrastructure,
equipment, systems, software, networks, and processes used to
create, send, receive, and store electronic or digital
information, including, without limitation, computer systems
and telecommunication services and systems. "Information
technology" shall be construed broadly to incorporate future
technologies (such as sensors and balanced private hybrid or
public cloud posture tailored to the mission of the agency)
that change or supplant those in effect as of the effective
date of this Act.
"Information technology functions" means the development,
procurement, installation, retention, maintenance, operation,
possession, storage, and related functions of all information
technology.
"Information Technology Office" means the Information
Technology Office, also known as the Office of the Chief
Information Officer, within the Office of the Governor, created

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by Executive Order 1999-05, or its successor.
"Legacy information technology division" means any
division, bureau, or other unit of a transferring agency which
has responsibility for information technology functions for
the agency prior to the transfer of those functions to the
Department, including, without limitation, the Bureau of
Communications and Computer Services.
"Secretary" means the Secretary of Innovation and
Technology.
"State agency" means each State agency, department, board,
and commission directly responsible to the Governor.
"Transferring agency" means the Department on Aging; the
Departments of Agriculture, Central Management Services,
Children and Family Services, Commerce and Economic
Opportunity, Corrections, Employment Security, Financial and
Professional Regulation, Healthcare and Family Services, Human
Rights, Human Services, Insurance, Juvenile Justice, Labor,
Lottery, Military Affairs, Natural Resources, Public Health,
Revenue, State Police, Transportation, and Veterans' Affairs;
the Illinois State Police; the Capital Development Board; the
Deaf and Hard of Hearing Commission; the Environmental
Protection Agency; the Governor's Office of Management and
Budget; the Guardianship and Advocacy Commission; the Historic
Preservation Agency; the Illinois Arts Council; the Illinois
Council on Developmental Disabilities; the Illinois Emergency
Management Agency; the Illinois Gaming Board; the Illinois

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Health Information Exchange Authority; the Illinois Liquor
Control Commission; the Illinois Technology Office; the Office
of the State Fire Marshal; and the Prisoner Review Board.
"Transferring agency" does not include a State constitutional
office, the Office of the Executive Inspector General, or any
office of the legislative or judicial branches of State
government.
(Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19.)
Section 155. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-200 as follows:
(20 ILCS 1505/1505-200) (was 20 ILCS 1505/43.21)
Sec. 1505-200. Criminal history record information.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
any information contained in State files that is necessary to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)

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Section 160. The Illinois Lottery Law is amended by
changing Sections 10.4 and 21.10 as follows:
(20 ILCS 1605/10.4) (from Ch. 120, par. 1160.4)
Sec. 10.4. Every person who shall violate the provisions of
Section 10.3, or who does not segregate and keep separate and
apart from all other funds and assets, all proceeds from the
sale of lottery tickets received by a person in the capacity of
a sales agent, shall upon conviction thereof be guilty of a
Class 4 felony. The provisions of this Section shall be
enforced by the Illinois Department of State Police and
prosecuted by the Attorney General.
(Source: P.A. 85-183; 86-1475.)
(20 ILCS 1605/21.10)
Sec. 21.10. Scratch-off for State police memorials.
(a) The Department shall offer a special instant
scratch-off game for the benefit of State police memorials. The
game shall commence on January 1, 2019 or as soon thereafter,
at the discretion of the Director, as is reasonably practical.
The operation of the game shall be governed by this Act and any
rules adopted by the Department. If any provision of this
Section is inconsistent with any other provision of this Act,
then this Section governs.
(b) The net revenue from the State police memorials

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scratch-off game shall be deposited into the Criminal Justice
Information Projects Fund and distributed equally, as soon as
practical but at least on a monthly basis, to the Chicago
Police Memorial Foundation Fund, the Police Memorial Committee
Fund, and the Illinois State Police Memorial Park Fund. Moneys
transferred to the funds under this Section shall be used,
subject to appropriation, to fund grants for building and
maintaining memorials and parks; holding annual memorial
commemorations; giving scholarships to children of officers
killed or catastrophically injured in the line of duty, or
those interested in pursuing a career in law enforcement;
providing financial assistance to police officers and their
families when a police officer is killed or injured in the line
of duty; and providing financial assistance to officers for the
purchase or replacement of bulletproof vests to be used in the
line of duty.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in the prizes and the actual administrative
expenses of the Department solely related to the scratch-off
game under this Section.
(c) During the time that tickets are sold for the State
police memorials scratch-off game, the Department shall not
unreasonably diminish the efforts devoted to marketing any
other instant scratch-off lottery game.
(d) The Department may adopt any rules necessary to

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implement and administer the provisions of this Section.
(Source: P.A. 100-647, eff. 7-30-18; 101-81, eff. 7-12-19.)
Section 165. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing Section
4.2 as follows:
(20 ILCS 1705/4.2) (from Ch. 91 1/2, par. 100-4.2)
Sec. 4.2. Facility staff.
(a) The Department shall describe and delineate guidelines
for each of the facilities it operates regarding the number and
qualifications of the staff required to carry out prescribed
duties. The guidelines shall be based on consideration of
recipient needs as well as professional and programmatic
requirements, including those established for purposes of
national accreditation and for certification under Titles
XVIII and XIX of the federal Social Security Act.
(b) As used in this Section, "direct care position" means
any position with the Department in which the job titles which
will regularly or temporarily entail contact with recipients in
the Department's facilities for persons with a mental illness
or a developmental disability.
(c) The Department shall require that each candidate for
employment in a direct care position, as a condition of
employment, shall submit to a fingerprint-based criminal
background investigation to determine whether the candidate

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for employment in a direct care position has ever been charged
with a crime and, if so, the disposition of those charges. This
authorization shall indicate the scope of the inquiry and the
agencies which may be contacted. Upon this authorization, the
Director (or, on or after July 1, 1997, the Secretary) shall
request and receive information and assistance from any
federal, State or local governmental agency as part of the
authorized investigation. The Illinois Department of State
Police shall provide information concerning any criminal
charges, and their disposition, now or hereafter filed against
a candidate for employment in a direct care position upon
request of the Department when the request is made in the form
and manner required by the Illinois Department of State Police.
Information concerning convictions of a candidate for
employment in a direct care position investigated under this
Section, including the source of the information and any
conclusions or recommendations derived from the information,
shall be provided, upon request, to the candidate for
employment in a direct care position before final action by the
Department on the application. Information on convictions of a
candidate for employment in a direct care position under this
Act shall be provided to the director of the employing unit,
and, upon request, to the candidate for employment in a direct
care position. Any information concerning criminal charges and
the disposition of those charges obtained by the Department
shall be confidential and may not be transmitted outside the

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Department, except as required in this Act, and may not be
transmitted to anyone within the Department except as needed
for the purpose of evaluating an application of a candidate for
employment in a direct care position. Only information and
standards which bear a reasonable and rational relation to the
performance of a direct care position shall be used by the
Department. Any employee of the Department or the Illinois
Department of State Police receiving confidential information
under this Section who gives or causes to be given any
confidential information concerning any criminal convictions
of a candidate for employment in a direct care position shall
be guilty of a Class A misdemeanor unless release of the
information is authorized by this Section.
A Department employing unit may hire, on a probationary
basis, any candidate for employment in a direct care position,
authorizing a criminal background investigation under this
Section, pending the result of the investigation. A candidate
for employment in a direct care position shall be notified
before he or she is hired that his or her employment may be
terminated on the basis of criminal background information
obtained by the employing unit.
No person may be employed in a direct care position who
refuses to authorize an investigation as required by this
subsection (c).
(Source: P.A. 92-218, eff. 1-1-02.)

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Section 170. The Department of Human Services (Mental
Health and Developmental Disabilities) Law of the Civil
Administrative Code of Illinois is amended by changing Section
1710-75 as follows:
(20 ILCS 1710/1710-75) (was 20 ILCS 1710/53 in part)
Sec. 1710-75. Criminal history record information.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 175. The Department of Natural Resources (Mines and
Minerals) Law of the Civil Administrative Code of Illinois is
amended by changing Section 1905-150 as follows:
(20 ILCS 1905/1905-150) (was 20 ILCS 1905/45 in part)
Sec. 1905-150. Criminal history record information.
Whenever the Department is authorized or required by law to

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consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 180. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Sections 2105-15 and 2105-20 as follows:
(20 ILCS 2105/2105-15)
Sec. 2105-15. General powers and duties.
(a) The Department has, subject to the provisions of the
Civil Administrative Code of Illinois, the following powers and
duties:
(1) To authorize examinations in English to ascertain
the qualifications and fitness of applicants to exercise
the profession, trade, or occupation for which the
examination is held.
(2) To prescribe rules and regulations for a fair and
wholly impartial method of examination of candidates to

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exercise the respective professions, trades, or
occupations.
(3) To pass upon the qualifications of applicants for
licenses, certificates, and authorities, whether by
examination, by reciprocity, or by endorsement.
(4) To prescribe rules and regulations defining, for
the respective professions, trades, and occupations, what
shall constitute a school, college, or university, or
department of a university, or other institution,
reputable and in good standing, and to determine the
reputability and good standing of a school, college, or
university, or department of a university, or other
institution, reputable and in good standing, by reference
to a compliance with those rules and regulations; provided,
that no school, college, or university, or department of a
university, or other institution that refuses admittance
to applicants solely on account of race, color, creed, sex,
sexual orientation, or national origin shall be considered
reputable and in good standing.
(5) To conduct hearings on proceedings to revoke,
suspend, refuse to renew, place on probationary status, or
take other disciplinary action as authorized in any
licensing Act administered by the Department with regard to
licenses, certificates, or authorities of persons
exercising the respective professions, trades, or
occupations and to revoke, suspend, refuse to renew, place

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on probationary status, or take other disciplinary action
as authorized in any licensing Act administered by the
Department with regard to those licenses, certificates, or
authorities.
The Department shall issue a monthly disciplinary
report.
The Department shall refuse to issue or renew a license
to, or shall suspend or revoke a license of, any person
who, after receiving notice, fails to comply with a
subpoena or warrant relating to a paternity or child
support proceeding. However, the Department may issue a
license or renewal upon compliance with the subpoena or
warrant.
The Department, without further process or hearings,
shall revoke, suspend, or deny any license or renewal
authorized by the Civil Administrative Code of Illinois to
a person who is certified by the Department of Healthcare
and Family Services (formerly Illinois Department of
Public Aid) as being more than 30 days delinquent in
complying with a child support order or who is certified by
a court as being in violation of the Non-Support Punishment
Act for more than 60 days. The Department may, however,
issue a license or renewal if the person has established a
satisfactory repayment record as determined by the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or if the person is

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determined by the court to be in compliance with the
Non-Support Punishment Act. The Department may implement
this paragraph as added by Public Act 89-6 through the use
of emergency rules in accordance with Section 5-45 of the
Illinois Administrative Procedure Act. For purposes of the
Illinois Administrative Procedure Act, the adoption of
rules to implement this paragraph shall be considered an
emergency and necessary for the public interest, safety,
and welfare.
(6) To transfer jurisdiction of any realty under the
control of the Department to any other department of the
State Government or to acquire or accept federal lands when
the transfer, acquisition, or acceptance is advantageous
to the State and is approved in writing by the Governor.
(7) To formulate rules and regulations necessary for
the enforcement of any Act administered by the Department.
(8) To exchange with the Department of Healthcare and
Family Services information that may be necessary for the
enforcement of child support orders entered pursuant to the
Illinois Public Aid Code, the Illinois Marriage and
Dissolution of Marriage Act, the Non-Support of Spouse and
Children Act, the Non-Support Punishment Act, the Revised
Uniform Reciprocal Enforcement of Support Act, the Uniform
Interstate Family Support Act, the Illinois Parentage Act
of 1984, or the Illinois Parentage Act of 2015.
Notwithstanding any provisions in this Code to the

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contrary, the Department of Professional Regulation shall
not be liable under any federal or State law to any person
for any disclosure of information to the Department of
Healthcare and Family Services (formerly Illinois
Department of Public Aid) under this paragraph (8) or for
any other action taken in good faith to comply with the
requirements of this paragraph (8).
(8.3) To exchange information with the Department of
Human Rights regarding recommendations received under
paragraph (B) of Section 8-109 of the Illinois Human Rights
Act regarding a licensee or candidate for licensure who has
committed a civil rights violation that may lead to the
refusal, suspension, or revocation of a license from the
Department.
(8.5) To accept continuing education credit for
mandated reporter training on how to recognize and report
child abuse offered by the Department of Children and
Family Services and completed by any person who holds a
professional license issued by the Department and who is a
mandated reporter under the Abused and Neglected Child
Reporting Act. The Department shall adopt any rules
necessary to implement this paragraph.
(9) To perform other duties prescribed by law.
(a-5) Except in cases involving delinquency in complying
with a child support order or violation of the Non-Support
Punishment Act and notwithstanding anything that may appear in

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any individual licensing Act or administrative rule, no person
or entity whose license, certificate, or authority has been
revoked as authorized in any licensing Act administered by the
Department may apply for restoration of that license,
certification, or authority until 3 years after the effective
date of the revocation.
(b) (Blank).
(c) For the purpose of securing and preparing evidence, and
for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities,
recoupment of investigative costs, and other activities
directed at suppressing the misuse and abuse of controlled
substances, including those activities set forth in Sections
504 and 508 of the Illinois Controlled Substances Act, the
Director and agents appointed and authorized by the Director
may expend sums from the Professional Regulation Evidence Fund
that the Director deems necessary from the amounts appropriated
for that purpose. Those sums may be advanced to the agent when
the Director deems that procedure to be in the public interest.
Sums for the purchase of controlled substances, professional
services, and equipment necessary for enforcement activities
and other activities as set forth in this Section shall be
advanced to the agent who is to make the purchase from the
Professional Regulation Evidence Fund on vouchers signed by the
Director. The Director and those agents are authorized to
maintain one or more commercial checking accounts with any

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State banking corporation or corporations organized under or
subject to the Illinois Banking Act for the deposit and
withdrawal of moneys to be used for the purposes set forth in
this Section; provided, that no check may be written nor any
withdrawal made from any such account except upon the written
signatures of 2 persons designated by the Director to write
those checks and make those withdrawals. Vouchers for those
expenditures must be signed by the Director. All such
expenditures shall be audited by the Director, and the audit
shall be submitted to the Department of Central Management
Services for approval.
(d) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.
(e) The provisions of this Section do not apply to private
business and vocational schools as defined by Section 15 of the
Private Business and Vocational Schools Act of 2012.
(f) (Blank).
(f-5) Notwithstanding anything that may appear in any

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individual licensing statute or administrative rule, the
Department shall allow an applicant to provide his or her
individual taxpayer identification number as an alternative to
providing a social security number when applying for a license.
(g) Notwithstanding anything that may appear in any
individual licensing statute or administrative rule, the
Department shall deny any license application or renewal
authorized under any licensing Act administered by the
Department to any person who has failed to file a return, or to
pay the tax, penalty, or interest shown in a filed return, or
to pay any final assessment of tax, penalty, or interest, as
required by any tax Act administered by the Illinois Department
of Revenue, until such time as the requirement of any such tax
Act are satisfied; however, the Department may issue a license
or renewal if the person has established a satisfactory
repayment record as determined by the Illinois Department of
Revenue. For the purpose of this Section, "satisfactory
repayment record" shall be defined by rule.
In addition, a complaint filed with the Department by the
Illinois Department of Revenue that includes a certification,
signed by its Director or designee, attesting to the amount of
the unpaid tax liability or the years for which a return was
not filed, or both, is prima facie evidence of the licensee's
failure to comply with the tax laws administered by the
Illinois Department of Revenue. Upon receipt of that
certification, the Department shall, without a hearing,

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immediately suspend all licenses held by the licensee.
Enforcement of the Department's order shall be stayed for 60
days. The Department shall provide notice of the suspension to
the licensee by mailing a copy of the Department's order to the
licensee's address of record or emailing a copy of the order to
the licensee's email address of record. The notice shall advise
the licensee that the suspension shall be effective 60 days
after the issuance of the Department's order unless the
Department receives, from the licensee, a request for a hearing
before the Department to dispute the matters contained in the
order.
Any suspension imposed under this subsection (g) shall be
terminated by the Department upon notification from the
Illinois Department of Revenue that the licensee is in
compliance with all tax laws administered by the Illinois
Department of Revenue.
The Department may promulgate rules for the administration
of this subsection (g).
(h) The Department may grant the title "Retired", to be
used immediately adjacent to the title of a profession
regulated by the Department, to eligible retirees. For
individuals licensed under the Medical Practice Act of 1987,
the title "Retired" may be used in the profile required by the
Patients' Right to Know Act. The use of the title "Retired"
shall not constitute representation of current licensure,
registration, or certification. Any person without an active

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license, registration, or certificate in a profession that
requires licensure, registration, or certification shall not
be permitted to practice that profession.
(i) The Department shall make available on its website
general information explaining how the Department utilizes
criminal history information in making licensure application
decisions, including a list of enumerated offenses that serve
as a statutory bar to licensure.
(Source: P.A. 100-262, eff. 8-22-17; 100-863, eff. 8-14-18;
100-872, eff. 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff.
1-1-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20.)
(20 ILCS 2105/2105-20)
Sec. 2105-20. Criminal history records checks. Licensees
or applicants applying for expedited licensure through an
interstate compact enacted into law by the General Assembly,
including, but not limited to, the Interstate Medical Licensure
Compact Act, who have designated Illinois as the principal
state of licensure for the purposes of the compact shall have
his or her fingerprints submitted to the Illinois Department of
State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Illinois Department of
State Police. These fingerprints shall be checked against the
Illinois Department of State Police and Federal Bureau of
Investigation criminal history record databases now and

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hereafter filed. The Illinois Department of State Police shall
charge applicants or licensees a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois Department of State
Police shall furnish, pursuant to positive identification,
records of Illinois convictions to the Department. The
Department may require applicants or licensees to pay a
separate fingerprinting fee, either to the Department or to a
vendor designated or approved by the Department. The
Department, in its discretion, may allow an applicant or
licensee who does not have reasonable access to a designated
vendor to provide his or her fingerprints in an alternative
manner. The Department may adopt any rules necessary to
implement this Section. Communication between the Department
and an interstate compact governing body, including, but not
limited to, the Interstate Commission as defined in Section 180
of the Interstate Medical Licensure Compact Act, may not
include information received from the Federal Bureau of
Investigation relating to a State and federal criminal history
records check.
(Source: P.A. 100-230, eff. 8-18-17.)
Section 185. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Sections 2310-185 and 2310-376 as follows:

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(20 ILCS 2310/2310-185) (was 20 ILCS 2310/55.51)
Sec. 2310-185. Criminal history record information.
Whenever the Department is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
the information contained in State files that is necessary to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2310/2310-376)
Sec. 2310-376. Hepatitis education and outreach.
(a) The Illinois General Assembly finds and declares the
following:
(1) The World Health Organization characterizes
hepatitis as a disease of primary concern to humanity.
(2) Hepatitis is considered a silent killer; no
recognizable signs or symptoms occur until severe liver
damage has occurred.
(3) Studies indicate that nearly 4 million Americans
(1.8 percent of the population) carry the virus HCV that

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causes the disease.
(4) 30,000 acute new infections occur each year in the
United States, and only 25 to 30 percent are diagnosed.
(5) 8,000 to 10,000 Americans die from the disease each
year.
(6) 200,000 Illinois residents may be carriers and
could develop the debilitating and potentially deadly
liver disease.
(7) Inmates of correctional facilities have a higher
incidence of hepatitis and, upon their release, present a
significant health risk to the general population.
(8) Illinois members of the armed services are subject
to an increased risk of contracting hepatitis due to their
possible receipt of contaminated blood during a
transfusion occurring for the treatment of wounds and due
to their service in areas of the World where the disease is
more prevalent and healthcare is less capable of detecting
and treating the disease. Many of these service members are
unaware of the danger of hepatitis and their increased risk
of contracting the disease.
(b) Subject to appropriation, the Department shall conduct
an education and outreach campaign, in addition to its overall
effort to prevent infectious disease in Illinois, in order to
raise awareness about and promote prevention of hepatitis.
(c) Subject to appropriation, in addition to the education
and outreach campaign provided in subsection (b), the

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Department shall develop and make available to physicians,
other health care providers, members of the armed services, and
other persons subject to an increased risk of contracting
hepatitis, educational materials, in written and electronic
forms, on the diagnosis, treatment, and prevention of the
disease. These materials shall include the recommendations of
the federal Centers for Disease Control and Prevention and any
other persons or entities determined by the Department to have
particular expertise on hepatitis, including the American
Liver Foundation. These materials shall be written in terms
that are understandable by members of the general public.
(d) The Department shall establish an Advisory Council on
Hepatitis to develop a hepatitis prevention plan. The
Department shall specify the membership, members' terms,
provisions for removal of members, chairmen, and purpose of the
Advisory Council. The Advisory Council shall consist of one
representative from each of the following State agencies or
offices, appointed by the head of each agency or office:
(1) The Department of Public Health.
(2) The Department of Public Aid.
(3) The Department of Corrections.
(4) The Department of Veterans' Affairs.
(5) The Department on Aging.
(6) The Department of Human Services.
(7) The Illinois Department of State Police.
(8) The office of the State Fire Marshal.

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The Director shall appoint representatives of
organizations and advocates in the State of Illinois,
including, but not limited to, the American Liver Foundation.
The Director shall also appoint interested members of the
public, including consumers and providers of health services
and representatives of local public health agencies, to provide
recommendations and information to the members of the Advisory
Council. Members of the Advisory Council shall serve on a
voluntary, unpaid basis and are not entitled to reimbursement
for mileage or other costs they incur in connection with
performing their duties.
(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
Section 190. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing Section
2505-675 as follows:
(20 ILCS 2505/2505-675) (was 20 ILCS 2505/39b50)
Sec. 2505-675. Whenever the Department is authorized or
required by law to consider some aspect of criminal history
record information for the purpose of carrying out its
statutory powers and responsibilities, then, upon request and
payment of fees in conformance with the requirements of Section
2605-400 of the Illinois Department of State Police Law (20
ILCS 2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,

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the information contained in State files that is necessary to
fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 195. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by changing
the heading of Article 2605 and Sections 2605-1, 2605-5,
2605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-50,
2605-52, 2605-54, 2605-55, 2605-75, 2605-190, 2605-200,
2605-211, 2605-212, 2605-220, 2605-250, 2605-305, 2605-315,
2605-320, 2605-325, 2605-327, 2605-330, 2605-335, 2605-340,
2605-345, 2605-355, 2605-375, 2605-377, 2605-378, 2605-380,
2605-400, 2605-405, 2605-407, 2605-410, 2605-420, 2605-475,
2605-480, 2605-485, 2605-505, 2605-550, 2605-575, 2605-585,
2605-590, 2605-595, 2605-600, 2605-605, and 2605-610 and by
adding Section 2605-51 as follows:
(20 ILCS 2605/Art. 2605 heading)
ARTICLE 2605. ILLINOIS DEPARTMENT OF STATE POLICE
(20 ILCS 2605/2605-1)
Sec. 2605-1. Article short title. This Article 2605 of the
Civil Administrative Code of Illinois may be cited as the
Illinois Department of State Police Law (formerly the
Department of State Police Law).
(Source: P.A. 91-239, eff. 1-1-00.)

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(20 ILCS 2605/2605-5)
Sec. 2605-5. Definitions. In this Law:
"Department" means the Department of State Police.
"Director" means the Director of the Illinois State Police.
"Missing endangered senior" means an individual 65 years of
age or older or a person with Alzheimer's disease or related
dementias who is reported missing to a law enforcement agency
and is, or is believed to be:
(1) a temporary or permanent resident of Illinois;
(2) at a location that cannot be determined by an
individual familiar with the missing individual; and
(3) incapable of returning to the individual's
residence without assistance.
(Source: P.A. 96-442, eff. 1-1-10.)
(20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
Sec. 2605-10. Powers and duties, generally.
(a) The Illinois State Police shall exercise the rights,
powers, and duties that have been vested in the Illinois State
Police by the following:
The Illinois State Police Act.
The Illinois State Police Radio Act.
The Criminal Identification Act.
The Illinois Vehicle Code.
The Firearm Owners Identification Card Act.

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The Firearm Concealed Carry Act.
The Gun Dealer Licensing Act.
The Intergovernmental Missing Child Recovery Act of 1984.
The Intergovernmental Drug Laws Enforcement Act.
The Narcotic Control Division Abolition Act.
(b) The Illinois State Police Department shall have the
powers and duties set forth in the following Sections.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-25) (was 20 ILCS 2605/55a-1)
Sec. 2605-25. Illinois State Police Department divisions.
(a) The Illinois State Police Department is divided into
the Office of the Statewide 9-1-1 Administrator, and the
following divisions: the Division of Patrol Operations, the
Division of Criminal Investigation, the Division of Forensic
Services, the Division of Justice Services, the Division of the
Academy and Training, and the Division of Internal
Investigation Illinois State Police Academy, the Office of the
Statewide 9-1-1 Administrator, and 4 divisions: the Division of
Operations, the Division of Forensic Services, the Division of
Justice Services, and the Division of Internal Investigation.
(b) The Office of the Director shall:
(1) Exercise the rights, powers, and duties vested in
the Illinois State Police Department by the Governor's

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Office of Management and Budget Act.
(2) Exercise the rights, powers, and duties vested in
the Illinois State Police Department by the Personnel Code.
(3) Exercise the rights, powers, and duties vested in
the Illinois State Police Department by "An Act relating to
internal auditing in State government", approved August
11, 1967 (repealed; now the Fiscal Control and Internal
Auditing Act).
(Source: P.A. 101-378, eff. 1-1-20.)
(20 ILCS 2605/2605-30) (was 20 ILCS 2605/55a-2)
Sec. 2605-30. Division of Patrol Operations (formerly
State Troopers). The Division of Patrol Operations shall
exercise the following functions and those in Section 2605-35:
(1) Cooperate with federal and State authorities
requesting utilization of the Illinois State Police's
Department's radio network system under the Illinois
Aeronautics Act.
(2) Exercise the rights, powers, and duties of the
Illinois State Police under the Illinois State Police Act.
(3) (Blank) Exercise the rights, powers, and duties
vested by law in the Department by the State Police Radio
Act.
(4) Exercise the rights, powers, and duties of the
Illinois State Police Department vested by law in the
Department and the Illinois State Police by the Illinois

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Vehicle Code.
(5) Exercise other duties that have been or may be
vested by law in the Illinois State Police.
(6) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and to
achieve the purposes of the Illinois State Police
Department.
(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
Sec. 2605-35. Division of Operations (formerly Criminal
Investigation).
(a) The Division of Criminal Investigation Operations
shall exercise the following functions and those in Section
2605-30:
(1) Exercise the rights, powers, and duties vested by
law in the Illinois State Police Department by the Illinois
Horse Racing Act of 1975, including those set forth in
Section 2605-215.
(2) Investigate the origins, activities, personnel,
and incidents of crime and enforce the criminal laws of
this State related thereto.
(3) Enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting,
having in possession, dispensing, delivering,
distributing, or use of controlled substances and

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cannabis.
(4) Cooperate with the police of cities, villages, and
incorporated towns and with the police officers of any
county in enforcing the laws of the State and in making
arrests and recovering property.
(5) Apprehend and deliver up any person charged in this
State or any other state with treason or a felony or other
crime who has fled from justice and is found in this State.
(6) Investigate recipients and providers under the
Illinois Public Aid Code and any personnel involved in the
administration of the Code who are suspected of any
violation of the Code pertaining to fraud in the
administration, receipt, or provision of assistance and
pertaining to any violation of criminal law; and exercise
the functions required under Section 2605-220 in the
conduct of those investigations.
(7) Conduct other investigations as provided by law.
(8) (Blank) Exercise the powers and perform the duties
that have been vested in the Department by the Sex Offender
Registration Act and the Sex Offender Community
Notification Law; and promulgate reasonable rules and
regulations necessitated thereby.
(9) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police, which
may include the coordination of gang, terrorist, and

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organized crime prevention, control activities, and
assisting local law enforcement in their crime control
activities Department.
(b) (Blank) There is hereby established in the Division of
Operations the Office of Coordination of Gang Prevention,
hereafter referred to as the Office.
The Office shall consult with units of local government and
school districts to assist them in gang control activities and
to administer a system of grants to units of local government
and school districts that, upon application, have demonstrated
a workable plan to reduce gang activity in their area. The
grants shall not include reimbursement for personnel, nor shall
they exceed 75% of the total request by any applicant. The
grants may be calculated on a proportional basis, determined by
funds available to the Department for this purpose. The
Department has the authority to promulgate appropriate rules
and regulations to administer this program.
The Office shall establish mobile units of trained
personnel to respond to gang activities.
The Office shall also consult with and use the services of
religious leaders and other celebrities to assist in gang
control activities.
The Office may sponsor seminars, conferences, or any other
educational activity to assist communities in their gang crime
control activities.
(Source: P.A. 94-945, eff. 6-27-06.)

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(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
Sec. 2605-40. Division of Forensic Services. The Division
of Forensic Services shall exercise the following functions:
(1) (Blank).
(2) Exercise the rights, powers, and duties vested by
law in the Illinois State Police Department by Section
2605-300 of this Law.
(3) Provide assistance to local law enforcement
agencies through training, management, and consultant
services.
(4) (Blank).
(5) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police
Department.
(6) Establish and operate a forensic science
laboratory system, including a forensic toxicological
laboratory service, for the purpose of testing specimens
submitted by coroners and other law enforcement officers in
their efforts to determine whether alcohol, drugs, or
poisonous or other toxic substances have been involved in
deaths, accidents, or illness. Forensic toxicological
laboratories shall be established in Springfield, Chicago,
and elsewhere in the State as needed.
(6.5) Establish administrative rules in order to set

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forth standardized requirements for the disclosure of
toxicology results and other relevant documents related to
a toxicological analysis. These administrative rules are
to be adopted to produce uniform and sufficient information
to allow a proper, well-informed determination of the
admissibility of toxicology evidence and to ensure that
this evidence is presented competently. These
administrative rules are designed to provide a minimum
standard for compliance of toxicology evidence and is not
intended to limit the production and discovery of material
information. These administrative rules shall be submitted
by the Department of State Police into the rulemaking
process under the Illinois Administrative Procedure Act on
or before June 30, 2017.
(7) Subject to specific appropriations made for these
purposes, establish and coordinate a system for providing
accurate and expedited forensic science and other
investigative and laboratory services to local law
enforcement agencies and local State's Attorneys in aid of
the investigation and trial of capital cases.
(Source: P.A. 101-378, eff. 1-1-20.)
(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
Sec. 2605-45. Division of Justice Services. The Division of
Justice Services shall exercise the following functions:
(1) (Blank).

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(2) Pursue research and the publication of studies
pertaining to local law enforcement activities.
(3) (Blank).
(4) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(5) (Blank). Exercise the rights, powers, and duties
vested in the former Division of State Troopers by Section
17 of the State Police Act.
(6) (Blank).
(6.5) Exercise the rights, powers, and duties vested in
the Illinois State Police Department by the Firearm Owners
Identification Card Act, the Firearm Concealed Carry Act,
and the Firearm Dealer License Certification Act.
(7) Exercise other duties that may be assigned by the
Director to fulfill the responsibilities and achieve the
purposes of the Illinois State Police Department.
(8) Exercise the rights, powers, and duties vested by
law in the Illinois State Police Department by the Criminal
Identification Act.
(9) Exercise the powers and perform the duties that
have been vested in the Illinois State Police by the Sex
Offender Registration Act and the Sex Offender Community
Notification Law and adopt reasonable rules necessitated
thereby.
(Source: P.A. 101-378, eff. 1-1-20.)

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(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
Sec. 2605-50. Division of Internal Investigation. The
Division of Internal Investigation shall initiate internal
Illinois State Police departmental investigations and, at the
direction of the Governor, investigate complaints and initiate
investigations of official misconduct by State officers and
State employees under the jurisdiction of the Governor.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-51 new)
Sec. 2605-51. Division of the Academy and Training.
(a) The Division of the Academy and Training shall
exercise, but not be limited to, the following functions:
(1) Oversee and operate the Illinois State Police
Training Academy.
(2) Train and prepare new officers for a career in law
enforcement, with innovative, quality training and
educational practices.
(3) Offer continuing training and educational programs
for Illinois State Police employees.
(4) Oversee the Illinois State Police's recruitment
initiatives.
(5) Oversee and operate the Illinois State Police's
quartermaster.
(6) Duties assigned to the Illinois State Police in

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Article 5, Chapter 11 of the Illinois Vehicle Code
concerning testing.
(7) Duties assigned to the Illinois State Police in
Article 108B of the Code of Criminal Procedure.
(b) The Division of the Academy and Training shall exercise
the rights, powers, and duties vested in the former Division of
State Troopers by Section 17 of the Illinois State Police Act.
(c) Specialized training.
(1) Training; cultural diversity. The Division of the
Academy and Training shall provide training and continuing
education to State police officers concerning cultural
diversity, including sensitivity toward racial and ethnic
differences. This training and continuing education shall
include, but not be limited to, an emphasis on the fact
that the primary purpose of enforcement of the Illinois
Vehicle Code is safety and equal and uniform enforcement
under the law.
(2) Training; death and homicide investigations. The
Division of the Academy and Training shall provide training
in death and homicide investigation for State police
officers. Only State police officers who successfully
complete the training may be assigned as lead investigators
in death and homicide investigations. Satisfactory
completion of the training shall be evidenced by a
certificate issued to the officer by the Division of the
Academy and Training. The Director shall develop a process

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for waiver applications for officers whose prior training
and experience as homicide investigators may qualify them
for a waiver. The Director may issue a waiver, at his or
her discretion, based solely on the prior training and
experience of an officer as a homicide investigator.
(3) Training; police dog training standards. All
police dogs used by the Illinois State Police for drug
enforcement purposes pursuant to the Cannabis Control Act,
the Illinois Controlled Substances Act, and the
Methamphetamine Control and Community Protection Act shall
be trained by programs that meet the certification
requirements set by the Director or the Director's
designee. Satisfactory completion of the training shall be
evidenced by a certificate issued by the Division of the
Academy and Training.
(4) Training; post-traumatic stress disorder. The
Division of the Academy and Training shall conduct or
approve a training program in post-traumatic stress
disorder for State police officers. The purpose of that
training shall be to equip State police officers to
identify the symptoms of post-traumatic stress disorder
and to respond appropriately to individuals exhibiting
those symptoms.
(5) Training; opioid antagonists. The Division of the
Academy and Training shall conduct or approve a training
program for State police officers in the administration of

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opioid antagonists as defined in paragraph (1) of
subsection (e) of Section 5-23 of the Substance Use
Disorder Act that is in accordance with that Section. As
used in this Section, "State police officers" includes
full-time or part-time State police officers,
investigators, and any other employee of the Illinois State
Police exercising the powers of a peace officer.
(6) Training; sexual assault and sexual abuse.
(A) Every 3 years, the Division of the Academy and
Training shall present in-service training on sexual
assault and sexual abuse response and report writing
training requirements, including, but not limited to,
the following:
(i) recognizing the symptoms of trauma;
(ii) understanding the role trauma has played
in a victim's life;
(iii) responding to the needs and concerns of a
victim;
(iv) delivering services in a compassionate,
sensitive, and nonjudgmental manner;
(v) interviewing techniques in accordance with
the curriculum standards in this paragraph (6);
(vi) understanding cultural perceptions and
common myths of sexual assault and sexual abuse;
and
(vii) report writing techniques in accordance

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with the curriculum standards in this paragraph
(6).
(B) This training must also be presented in all
full and part-time basic law enforcement academies.
(C) Instructors providing this training shall have
successfully completed training on evidence-based,
trauma-informed, victim-centered responses to cases of
sexual assault and sexual abuse and have experience
responding to sexual assault and sexual abuse cases.
(D) The Illinois State Police shall adopt rules, in
consultation with the Office of the Attorney General
and the Illinois Law Enforcement Training Standards
Board, to determine the specific training requirements
for these courses, including, but not limited to, the
following:
(i) evidence-based curriculum standards for
report writing and immediate response to sexual
assault and sexual abuse, including
trauma-informed, victim-centered interview
techniques, which have been demonstrated to
minimize retraumatization, for all State police
officers; and
(ii) evidence-based curriculum standards for
trauma-informed, victim-centered investigation and
interviewing techniques, which have been
demonstrated to minimize retraumatization, for

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cases of sexual assault and sexual abuse for all
State police officers who conduct sexual assault
and sexual abuse investigations.
(7) Training; human trafficking. The Division of the
Academy and Training shall conduct or approve a training
program in the detection and investigation of all forms of
human trafficking, including, but not limited to,
involuntary servitude under subsection (b) of Section 10-9
of the Criminal Code of 2012, involuntary sexual servitude
of a minor under subsection (c) of Section 10-9 of the
Criminal Code of 2012, and trafficking in persons under
subsection (d) of Section 10-9 of the Criminal Code of
2012. This program shall be made available to all cadets
and State police officers.
(8) Training; hate crimes. The Division of the Academy
and Training shall provide training for State police
officers in identifying, responding to, and reporting all
hate crimes.
(20 ILCS 2605/2605-52)
Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
(a) There shall be established an Office of the Statewide
9-1-1 Administrator within the Illinois State Police
Department. Beginning January 1, 2016, the Office of the
Statewide 9-1-1 Administrator shall be responsible for
developing, implementing, and overseeing a uniform statewide

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9-1-1 system for all areas of the State outside of
municipalities having a population over 500,000.
(b) The Governor shall appoint, with the advice and consent
of the Senate, a Statewide 9-1-1 Administrator. The
Administrator shall serve for a term of 2 years, and until a
successor is appointed and qualified; except that the term of
the first 9-1-1 Administrator appointed under this Act shall
expire on the third Monday in January, 2017. The Administrator
shall not hold any other remunerative public office. The
Administrator shall receive an annual salary as set by the
Governor.
(c) The Illinois State Police Department, from
appropriations made to it for that purpose, shall make grants
to 9-1-1 Authorities for the purpose of defraying costs
associated with 9-1-1 system consolidations awarded by the
Administrator under Section 15.4b of the Emergency Telephone
System Act.
(d) The Office of the Statewide 9-1-1 Administrator shall
exercise the rights, powers, and duties vested by law in the
Department by the State Police Radio Act.
(e) The Office of the Statewide 9-1-1 Administrator shall
also conduct the following communication activities:
(1) Acquire and operate one or more radio broadcasting
stations in the State to be used for police purposes.
(2) Operate a statewide communications network to
gather and disseminate information for law enforcement

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agencies.
(3) Operate an electronic data processing and computer
center for the storage and retrieval of data pertaining to
criminal activity.
(4) Undertake other communication activities that may
be required by law.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
(20 ILCS 2605/2605-54)
Sec. 2605-54. Training policy; persons arrested while
under the influence of alcohol or drugs. The Illinois State
Police Department shall adopt a policy and provide training to
State Police officers concerning response and care for persons
under the influence of alcohol or drugs. The policy shall be
consistent with the Substance Use Disorder Act and shall
provide guidance for the arrest of persons under the influence
of alcohol or drugs, proper medical attention if warranted, and
care and release of those persons from custody. The policy
shall provide guidance concerning the release of persons
arrested under the influence of alcohol or drugs who are under
the age of 21 years of age which shall include, but not be
limited to, language requiring the arresting officer to make a
reasonable attempt to contact a responsible adult who is
willing to take custody of the person who is under the
influence of alcohol or drugs.
(Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)

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(20 ILCS 2605/2605-55)
Sec. 2605-55. Badges. The Director must authorize to each
State trooper, police officer, and investigator and to any
other employee of the Illinois State Police Department
exercising the powers of a peace officer a distinct badge that,
on its face, (i) clearly states that the badge is authorized by
the Illinois State Police Department and (ii) contains a unique
identifying number. No other badge shall be authorized by the
Illinois State Police Department.
(Source: P.A. 91-883, eff. 1-1-01.)
(20 ILCS 2605/2605-75) (was 20 ILCS 2605/55a in part)
Sec. 2605-75. Bilingual police officers. The Illinois
State Police Department may ascertain the number of bilingual
police officers and other personnel needed to provide services
in a language other than English and may establish, under
applicable personnel rules and Illinois State Police
Department guidelines or through a collective bargaining
agreement, a bilingual pay supplement program.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239; 1-1-00.)
(20 ILCS 2605/2605-190) (was 20 ILCS 2605/55a in part)
Sec. 2605-190. Other laws in relation to law enforcement.

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To enforce and administer other laws in relation to law
enforcement to the extent that they vest any rights, powers, or
duties in the Illinois State Police Department.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
Sec. 2605-200. Investigations of crime; enforcement of
laws; records; crime laboratories; personnel.
(a) To do the following:
(1) Investigate the origins, activities, personnel,
and incidents of crime and the ways and means to redress
the victims of crimes; study the impact, if any, of
legislation relative to the effusion of crime and growing
crime rates; and enforce the criminal laws of this State
related thereto.
(2) Enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting,
having in possession, dispensing, delivering,
distributing, or use of controlled substances and
cannabis.
(3) Employ skilled experts, scientists, technicians,
investigators, or otherwise specially qualified persons to
aid in preventing or detecting crime, apprehending
criminals, or preparing and presenting evidence of

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violations of the criminal laws of the State.
(4) Cooperate with the police of cities, villages, and
incorporated towns and with the police officers of any
county in enforcing the laws of the State and in making
arrests and recovering property.
(5) Apprehend and deliver up any person charged in this
State or any other state of the United States with treason
or a felony or other crime who has fled from justice and is
found in this State.
(6) Conduct other investigations as provided by law.
(7) Be a central repository and custodian of criminal
statistics for the State.
(8) Be a central repository for criminal history record
information.
(9) Procure and file for record information that is
necessary and helpful to plan programs of crime prevention,
law enforcement, and criminal justice.
(10) Procure and file for record copies of fingerprints
that may be required by law.
(11) Establish general and field crime laboratories.
(12) Register and file for record information that may
be required by law for the issuance of firearm owner's
identification cards under the Firearm Owners
Identification Card Act and concealed carry licenses under
the Firearm Concealed Carry Act.
(13) Employ laboratory technicians and other specially

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qualified persons to aid in the identification of criminal
activity, and may employ polygraph operators.
(14) Undertake other identification, information,
laboratory, statistical, or registration activities that
may be required by law.
(b) Persons exercising the powers set forth in subsection
(a) within the Department are conservators of the peace and as
such have all the powers possessed by policemen in cities and
sheriffs, except that they may exercise those powers anywhere
in the State in cooperation with and after contact with the
local law enforcement officials. Those persons may use false or
fictitious names in the performance of their duties under this
Section, upon approval of the Director, and shall not be
subject to prosecution under the criminal laws for that use.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-211)
Sec. 2605-211. Protocol; methamphetamine; illegal
manufacture.
(a) The Illinois Department of State Police shall develop a
protocol to be followed in performing gross remediation of
clandestine laboratory sites not to exceed the standards
established by the United States Drug Enforcement
Administration.

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(b) "Gross remediation" means the removal of any and all
identifiable clandestine laboratory ingredients and apparatus.
(c) The Illinois Department of State Police must post the
protocol on its official Web site.
(Source: P.A. 94-555, eff. 8-12-05.)
(20 ILCS 2605/2605-212)
Sec. 2605-212. Children; methamphetamine; protocol. The
Illinois State Police Department shall cooperate with the
Department of Children and Family Services and the State Board
of Education in developing the protocol required under Section
6.5 of the Children and Family Services Act. The Illinois State
Police Department must post the protocol on the official Web
site maintained by the Illinois State Police Department.
(Source: P.A. 94-554, eff. 1-1-06.)
(20 ILCS 2605/2605-220) (was 20 ILCS 2605/55a-7)
Sec. 2605-220. Public aid fraud investigations. The
Illinois State Police Department, through the Division of
Criminal Investigation Operations, shall investigate
recipients and providers under the Illinois Public Aid Code and
any personnel involved in the administration of the Code who
are suspected of any violations of the Code pertaining to fraud
in the administration, receipt, or provision of assistance and
pertaining to any violation of criminal law. The Illinois State
Police Department shall, in addition to functions otherwise

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authorized by State and federal law, exercise the following
functions:
(1) Initiate investigations of suspected cases of
public aid fraud.
(2) Investigate cases of public aid fraud.
(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
(20 ILCS 2605/2605-250) (was 20 ILCS 2605/55a in part)
Sec. 2605-250. Obtaining evidence. To expend the sums the
Director deems necessary from contractual services
appropriations for the Illinois State Police Division of
Operations for the purchase of evidence and for the employment
of persons to obtain evidence. The sums shall be advanced to
agents authorized by the Director to expend funds, on vouchers
signed by the Director.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
(20 ILCS 2605/2605-305) (was 20 ILCS 2605/55a in part)
Sec. 2605-305. Statewide Organized Criminal Gang Database
(SWORD). The Illinois State Police Department may establish and
maintain, within the Illinois State Police Department, a
Statewide Organized Criminal Gang Database (SWORD) for the
purpose of tracking organized criminal gangs and their
memberships. Information in the database may include, but not

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be limited to, the name, last known address, birth date,
physical descriptions (such as scars, marks, or tattoos),
officer safety information, organized gang affiliation, and
entering agency identifier. The Illinois State Police
Department may develop, in consultation with the Criminal
Justice Information Authority, and in a form and manner
prescribed by the Illinois State Police Department, an
automated data exchange system to compile, to maintain, and to
make this information electronically available to prosecutors
and to other law enforcement agencies. The information may be
used by authorized agencies to combat the operations of
organized criminal gangs statewide.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-315) (was 20 ILCS 2605/55a in part)
Sec. 2605-315. Criminal history record information for
Department of Children and Family Services. Upon the request of
the Department of Children and Family Services, the Illinois
Department of State Police shall provide properly designated
employees of the Department of Children and Family Services
with criminal history record information as defined in the
Illinois Uniform Conviction Information Act and information
maintained in the statewide central juvenile records system as
defined in Section 2605-355 if the Department of Children and

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Family Services determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The request shall be in the form and
manner specified by the Illinois Department of State Police.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-320)
Sec. 2605-320. Criminal history information for Department
of Human Services. Upon request of the Department of Human
Services, to conduct an assessment and evaluation of sexually
violent persons as mandated by the Sexually Violent Persons
Commitment Act, the Illinois State Police Department shall
furnish criminal history information maintained on the
requested person. The request shall be in the form and manner
specified by the Illinois State Police Department.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-325) (was 20 ILCS 2605/55a in part)
Sec. 2605-325. Conviction information for school board or
regional superintendent. On request of a school board or
regional superintendent of schools, to conduct a

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fingerprint-based criminal history records check pursuant to
Section 10-21.9 or 34-18.5 of the School Code. The Illinois
State Police Department shall furnish the conviction
information to the president of the school board of the school
district that has requested the information or, if the
information was requested by the regional superintendent, to
that regional superintendent.
(Source: P.A. 93-909, eff. 8-12-04.)
(20 ILCS 2605/2605-327)
Sec. 2605-327. Conviction and sex offender information for
medical school. Upon the inquiry of a medical school under the
Medical School Matriculant Criminal History Records Check Act,
to ascertain whether a matriculant of the medical school has
been convicted of any violent felony or has been adjudicated a
sex offender.
The Illinois State Police Department shall make sex
offender information available to the inquiring medical school
through the Statewide Sex Offender Database. Medical schools in
this State must conduct an inquiry into the Statewide Sex
Offender Database on all matriculants as part of the admissions
process.
Pursuant to the Medical School Matriculant Criminal
History Records Check Act, the Illinois State Police Department
shall conduct a fingerprint-based criminal history records
check of the Illinois criminal history records database and the

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Federal Bureau of Investigation criminal history records
database upon the request of a public medical school. Pursuant
to the Medical School Matriculant Criminal History Records
Check Act, the Illinois State Police Department shall conduct a
fingerprint-based, Illinois Uniform Conviction Information Act
check of the Illinois criminal history records database upon
the request of a private medical school. The Illinois State
Police Department may charge the requesting public or private
medical school a fee for conducting the fingerprint-based
criminal history records check. The fee shall not exceed the
cost of the inquiry and shall be deposited into the State
Police Services Fund.
(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
(20 ILCS 2605/2605-330) (was 20 ILCS 2605/55a in part)
Sec. 2605-330. Firefighter applicant criminal history
records checks. Upon the request of the chief of a fire
department or the board of trustees of a fire protection
district, the Illinois State Police Department shall conduct
fingerprint-based criminal history records checks of both
State and Federal Bureau of Investigation criminal history
record databases concerning prospective firefighters and
report to the requesting chief or the board of trustees of a
fire protection district any conviction information about
those persons. The Illinois State Police Department may charge
the requesting chief or board of trustees a fee for conducting

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the criminal history records check. The fee shall be deposited
into the State Police Services Fund and shall not exceed the
cost of the inquiry. The Illinois State Police Department may
prescribe the form and manner for requesting and furnishing
conviction information under this Section.
(Source: P.A. 92-16, eff. 6-28-01; 93-952, eff. 1-1-05.)
(20 ILCS 2605/2605-335) (was 20 ILCS 2605/55a in part)
Sec. 2605-335. Conviction information for private child
services organization. Upon the request of any private
organization that devotes a major portion of its time to the
provision of recreational, social, educational, or child
safety services to children, to conduct, pursuant to positive
identification, criminal background investigations of all of
that organization's current employees, current volunteers,
prospective employees, or prospective volunteers charged with
the care and custody of children during the provision of the
organization's services, and to report to the requesting
organization any record of convictions maintained in the
Illinois State Police's Department's files about those
persons. The Illinois State Police Department shall charge an
application fee, based on actual costs, for the dissemination
of conviction information pursuant to this Section. The
Illinois State Police Department is empowered to establish this
fee and shall prescribe the form and manner for requesting and
furnishing conviction information pursuant to this Section.

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Information received by the organization from the Illinois
State Police Department concerning an individual shall be
provided to the individual. Any such information obtained by
the organization shall be confidential and may not be
transmitted outside the organization and may not be transmitted
to anyone within the organization except as needed for the
purpose of evaluating the individual. Only information and
standards that bear a reasonable and rational relation to the
performance of child care shall be used by the organization.
Any employee of the Illinois State Police Department or any
member, employee, or volunteer of the organization receiving
confidential information under this Section who gives or causes
to be given any confidential information concerning any
criminal convictions of an individual shall be guilty of a
Class A misdemeanor unless release of the information is
authorized by this Section.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-340) (was 20 ILCS 2605/55a in part)
Sec. 2605-340. Conviction information for private carrier
company under Metropolitan Transit Authority Act. Upon the
request of a private carrier company that provides
transportation under Section 28b of the Metropolitan Transit
Authority Act, to ascertain whether an applicant for a driver

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position has been convicted of any criminal or drug offense
enumerated in that Section. The Illinois State Police
Department shall furnish the conviction information to the
private carrier company that requested the information.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-345)
Sec. 2605-345. Conviction information for financial
institutions. Upon the request of (i) an insured depository
institution, as defined by the Federal Deposit Insurance
Corporation Act, (ii) a depository institution holding
company, as defined by the Federal Deposit Insurance
Corporation Act, (iii) a foreign banking corporation, as
defined by the Foreign Banking Office Act, (iv) a corporate
fiduciary, as defined by the Corporate Fiduciary Act, (v) a
credit union, as defined in the Illinois Credit Union Act, or
(vi) a subsidiary of any entity listed in items (i) through (v)
of this Section (each such entity or subsidiary hereinafter
referred to as a "requesting institution"), to ascertain
whether any employee of the requesting institution, applicant
for employment by the requesting institution, or officer,
director, agent, institution-affiliated party, or any other
party who owns or controls, directly or indirectly, or
participates, directly or indirectly, in the affairs of the

SB3642 - 255 - LRB101 20589 WGH 70218 b
requesting institution, has been convicted of a felony or of
any criminal offense relating to dishonesty, breach of trust,
or money laundering, the Illinois State Police Department shall
furnish the conviction information to the requesting
institution.
(Source: P.A. 97-1120, eff. 1-1-13.)
(20 ILCS 2605/2605-355) (was 20 ILCS 2605/55a in part)
Sec. 2605-355. Delinquent minors; statewide central
juvenile records system. To develop a separate statewide
central juvenile records system for persons arrested prior to
the age of 17 under Section 5-401 of the Juvenile Court Act of
1987 or adjudicated delinquent minors and to make information
available to local law enforcement officers so that law
enforcement officers will be able to obtain rapid access to the
background of the minor from other jurisdictions to the end
that the juvenile police officers can make appropriate
decisions that will best serve the interest of the child and
the community. The Illinois State Police Department shall
submit a quarterly report to the General Assembly and Governor.
The report shall contain the number of juvenile records that
the Illinois State Police Department has received in that
quarter and a list, by category, of offenses that minors were
arrested for or convicted of by age, race, and gender.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,

SB3642 - 256 - LRB101 20589 WGH 70218 b
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-375) (was 20 ILCS 2605/55a in part)
Sec. 2605-375. Missing persons; Law Enforcement Agencies
Data System (LEADS).
(a) To establish and maintain a statewide Law Enforcement
Agencies Data System (LEADS) for the purpose of providing
electronic access by authorized entities to criminal justice
data repositories and effecting an immediate law enforcement
response to reports of missing persons, including lost, missing
or runaway minors, lost or missing individuals with
developmental or intellectual disabilities, and missing
endangered seniors. The Illinois State Police Department shall
implement an automatic data exchange system to compile, to
maintain, and to make available to other law enforcement
agencies for immediate dissemination data that can assist
appropriate agencies in recovering missing persons and provide
access by authorized entities to various data repositories
available through LEADS for criminal justice and related
purposes. To assist the Illinois State Police Department in
this effort, funds may be appropriated from the LEADS
Maintenance Fund. Funds may be appropriated from the LEADS
Maintenance Fund to the Illinois State Police Department to
finance any of its lawful purposes or functions in relation to
defraying the expenses associated with establishing,
maintaining, and supporting the issuance of electronic

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citations.
(b) In exercising its duties under this Section, the
Illinois State Police Department shall provide a uniform
reporting format (LEADS) for the entry of pertinent information
regarding the report of a missing person into LEADS. The report
must include all of the following:
(1) Relevant information obtained from the
notification concerning the missing person, including all
of the following:
(A) a physical description of the missing person;
(B) the date, time, and place that the missing
person was last seen; and
(C) the missing person's address.
(2) Information gathered by a preliminary
investigation, if one was made.
(3) A statement by the law enforcement officer in
charge stating the officer's assessment of the case based
on the evidence and information received.
(b-5) The Illinois Department of State Police shall:
(1) Develop and implement a policy whereby a statewide
or regional alert would be used in situations relating to
the disappearances of individuals, based on criteria and in
a format established by the Illinois State Police
Department. Such a format shall include, but not be limited
to, the age of the missing person and the suspected
circumstance of the disappearance.

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(2) Notify all law enforcement agencies that reports of
missing persons shall be entered as soon as the minimum
level of data specified by the Illinois State Police
Department is available to the reporting agency and that no
waiting period for the entry of the data exists.
(3) Compile and retain information regarding lost,
abducted, missing, or runaway minors in a separate data
file, in a manner that allows that information to be used
by law enforcement and other agencies deemed appropriate by
the Director, for investigative purposes. The information
shall include the disposition of all reported lost,
abducted, missing, or runaway minor cases.
(4) Compile and maintain an historic data repository
relating to lost, abducted, missing, or runaway minors and
other missing persons, including, but not limited to, lost
or missing individuals with developmental or intellectual
disabilities and missing endangered seniors, in order to
develop and improve techniques utilized by law enforcement
agencies when responding to reports of missing persons.
(5) Create a quality control program regarding
confirmation of missing person data, timeliness of entries
of missing person reports into LEADS, and performance
audits of all entering agencies.
(c) The Illinois Law Enforcement Training Standards Board
shall conduct a training program for law enforcement personnel
of local governmental agencies in the Missing Persons

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Identification Act.
(d) The Illinois Department of State Police shall perform
the duties prescribed in the Missing Persons Identification
Act, subject to appropriation.
(Source: P.A. 100-662, eff. 1-1-19.)
(20 ILCS 2605/2605-377) (was 20 ILCS 2605/55a in part)
Sec. 2605-377. Department of Healthcare and Family
Services; LEADS access.
(a) The Department of Healthcare and Family Services is an
authorized entity under this Law for the purpose of exchanging
information, in the form and manner required by the Illinois
Department of State Police, to facilitate the location of
individuals for establishing paternity, and establishing,
modifying, and enforcing child support obligations, pursuant
to the Illinois Public Aid Code and Title IV, Part D of the
Social Security Act.
(b) The Department of Healthcare and Family Services is an
authorized entity under this Section for the purpose of
obtaining access to various data repositories available
through LEADS, to facilitate the location of individuals for
establishing paternity, and establishing, modifying, and
enforcing child support obligations, pursuant to the Illinois
Public Aid Code and Title IV, Part D of the Social Security
Act. The Illinois State Police Department shall enter into an
agreement with the Department of Healthcare and Family Services

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consistent with these purposes.
(Source: P.A. 95-331, eff. 8-21-07.)
(20 ILCS 2605/2605-378)
Sec. 2605-378. I-CLEAR. The Illinois Department of State
Police shall provide for the entry into the Illinois Citizens
and Law Enforcement Analysis and Reporting System (I-CLEAR) of
the names and addresses of arsonists as defined in the Arsonist
Registration Act who are required to register under that Act.
The information shall be immediately accessible to law
enforcement agencies and peace officers of this State or any
other state or of the federal government. Similar information
may be requested from any other state or of the federal
government for the purposes of that Act.
(Source: P.A. 93-949, eff. 1-1-05.)
(20 ILCS 2605/2605-380) (was 20 ILCS 2605/55a-8)
Sec. 2605-380. Dental records. The Illinois State Police
Department shall do the following:
(1) Coordinate State participation in a national
central repository for dental records of missing persons
and unidentified dead bodies.
(2) Receive and file dental records submitted by county
medical examiners and coroners from unidentified dead
bodies and submitted by law enforcement agencies from
persons reported missing for more than 30 days.

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(3) Provide information from the file on possible
identifications resulting from the comparison of dental
records submitted with those records on file, to county
medical examiners, coroners, and law enforcement agencies.
(4) Expunge the dental records of those missing persons
who are found, and expunge from the file the dental records
of missing persons who are positively identified as a
result of comparisons made with this file or the files
maintained by other states, territories, insular
possessions of the United States, or the United States.
(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
(20 ILCS 2605/2605-400) (was 20 ILCS 2605/55a in part)
Sec. 2605-400. Fees; State Police Services Fund; audit.
(a) To charge, collect, and receive fees or moneys
equivalent to the cost of providing Illinois State Police
Department personnel, equipment, and services to local
governmental agencies when explicitly requested by a local
governmental agency and pursuant to an intergovernmental
agreement as provided by this Law, other State agencies, and
federal agencies, including but not limited to fees or moneys
equivalent to the cost of providing dispatching services, radio
and radar repair, and training to local governmental agencies
on terms and conditions that in the judgment of the Director
are in the best interest of the State; and to establish,
charge, collect, and receive fees or moneys based on the cost

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of providing responses to requests for criminal history record
information pursuant to positive identification and any
Illinois or federal law authorizing access to some aspect of
that information and to prescribe the form and manner for
requesting and furnishing the information to the requestor on
terms and conditions that in the judgment of the Director are
in the best interest of the State, provided fees for requesting
and furnishing criminal history record information may be
waived for requests in the due administration of the criminal
laws. The Illinois State Police Department may also charge,
collect, and receive fees or moneys equivalent to the cost of
providing electronic data processing lines or related
telecommunication services to local governments, but only when
those services can be provided by the Illinois State Police
Department at a cost less than that experienced by those local
governments through other means. All services provided by the
Illinois State Police Department shall be conducted pursuant to
contracts in accordance with the Intergovernmental Cooperation
Act, and all telecommunication services shall be provided
pursuant to the provisions of Section 405-270 of the Department
of Central Management Services Law (20 ILCS 405/405-270).
(b) All fees received by the Illinois State Police
Department under the Civil Administrative Code of Illinois or
the Illinois Uniform Conviction Information Act shall be
deposited in a special fund in the State treasury to be known
as the State Police Services Fund. The money deposited in the

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State Police Services Fund shall be appropriated to the
Illinois State Police Department for expenses of the Illinois
State Police Department.
(c) Upon the completion of any audit of the Illinois State
Police Department as prescribed by the Illinois State Auditing
Act, which audit includes an audit of the State Police Services
Fund, the Illinois State Police Department shall make the audit
open to inspection by any interested person.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-405) (was 20 ILCS 2605/55a in part)
Sec. 2605-405. Applying for grants or contracts; moneys
from other entities. To apply for grants or contracts and
receive, expend, allocate, or disburse funds and moneys made
available by public or private entities, including, but not
limited to, contracts, bequests, grants, or receiving
equipment from corporations, foundations, or public or private
institutions of higher learning. All funds received by the
Illinois State Police Department from these sources shall be
deposited into the appropriate fund in the State treasury to be
appropriated to the Illinois State Police Department for
purposes as indicated by the grantor or contractor or, in the
case of funds or moneys bequeathed or granted for no specific
purpose, for any purpose deemed appropriate by the Director in

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administering the responsibilities of the Illinois State
Police Department.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-407)
Sec. 2605-407. Illinois State Police Federal Projects
Fund. The Illinois State Police Federal Projects Fund is
established as a federal trust fund in the State treasury. This
federal Trust Fund is established to receive funds awarded to
the Illinois Department of State Police from the following: (i)
all federal departments and agencies for the specific purposes
established by the terms and conditions of the federal awards
and (ii) federal pass-through grants from State departments and
agencies for the specific purposes established by the terms and
conditions of the grant agreements. Any interest earnings that
are attributable to moneys in the federal trust fund must be
deposited into the Fund.
(Source: P.A. 97-116, eff. 1-1-12; 97-826, eff. 7-18-12.)
(20 ILCS 2605/2605-410)
Sec. 2605-410. Over Dimensional Load Police Escort Fund. To
charge, collect, and receive fees or moneys as described in
Section 15-312 of the Illinois Vehicle Code. All fees received
by the Illinois State Police under Section 15-312 of the

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Illinois Vehicle Code shall be deposited into the Over
Dimensional Load Police Escort Fund, a special fund that is
created in the State treasury. Subject to appropriation, the
money in the Over Dimensional Load Police Escort Fund shall be
used by the Illinois State Police Department for its expenses
in providing police escorts and commercial vehicle enforcement
activities.
(Source: P.A. 95-787, eff. 1-1-09.)
(20 ILCS 2605/2605-420) (was 20 ILCS 2605/55a in part)
Sec. 2605-420. Assisting victims and witnesses of gang
crime. To assist victims and witnesses in gang crime
prosecutions through the administration of funds appropriated
from the Gang Violence Victims and Witnesses Fund to the
Illinois State Police Department. Those funds shall be
appropriated to the Illinois State Police Department and shall
only be used to assist victims and witnesses in gang crime
prosecutions. The assistance may include any of the following:
(1) Temporary living costs.
(2) Moving expenses.
(3) Closing costs on the sale of a private residence.
(4) First month's rent.
(5) Security deposits.
(6) Apartment location assistance.
(7) Other expenses that the Illinois State Police
Department considers appropriate.

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(8) Compensation for any loss of or injury to real or
personal property resulting from a gang crime to a maximum
of $5,000, subject to the following provisions:
(A) In the case of loss of property, the amount of
compensation shall be measured by the replacement cost
of similar or like property that has been incurred by
and that is substantiated by the property owner.
(B) In the case of injury to property, the amount
of compensation shall be measured by the cost of repair
incurred and that can be substantiated by the property
owner.
(C) Compensation under this provision is a
secondary source of compensation and shall be reduced
by any amount the property owner receives from any
other source as compensation for the loss or injury,
including, but not limited to, personal insurance
coverage.
(D) No compensation may be awarded if the property
owner was an offender or an accomplice of the offender
or if the award would unjustly benefit the offender or
offenders or an accomplice of the offender or
offenders.
No victim or witness may receive assistance under this
Section if he or she is not a part of or fails to fully
cooperate in the prosecution of gang crime members by law
enforcement authorities.

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The Illinois State Police Department shall promulgate any
rules necessary for the implementation of this amendatory Act
of 1985.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-475) (was 20 ILCS 2605/55a in part)
Sec. 2605-475.Emergency Telephone System Act. The Illinois
State Police Department and Statewide 9-1-1 Administrator
shall exercise the powers and perform the duties specifically
assigned to each under the Emergency Telephone System Act.
Nothing in the Emergency Telephone System Act shall require the
Illinois Department of State Police to provide wireless
enhanced 9-1-1 services.
(Source: P.A. 100-20, eff. 7-1-17.)
(20 ILCS 2605/2605-480)
Sec. 2605-480. Statewide kidnapping alert and prevention
program; Child Safety Coordinator.
(a) The Illinois Department of State Police shall develop a
coordinated program for a statewide emergency alert system when
a child is missing or kidnapped. The system shall include, but
is not limited to, the use in coordination with the Illinois
Department of Transportation, of electronic message signs on
roads and highways in the vicinity of a child abduction to

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immediately provide critical information to the public.
(b) The Illinois Department of State Police shall establish
an AMBER Plan Task Force to monitor and review the
implementation and operation of the system developed under
subsection (a), including procedures, budgetary requirements,
and response protocols. The Task Force shall also develop
additional network resources for use in the system.
(c) The Illinois Department of State Police, in
coordination with the Illinois Emergency Management Agency,
shall develop and implement a community outreach program to
promote awareness among the State's parents and children of
child abduction prevention and response.
(d) The Illinois Department of State Police, in
coordination with the State Board of Education, shall develop
child abduction prevention instruction for inclusion in
elementary and secondary school curricula throughout the
State. The Illinois State Police Department and State Board of
Education shall encourage the inclusion of the child abduction
prevention instruction in private elementary and secondary
school curricula throughout the State.
(e) The Illinois State Police Department shall appoint a
Child Safety Coordinator to assist in the establishment of
State standards for child safety from kidnap and abduction and
to advocate for the achievement of those standards. The Child
Safety Coordinator shall have the qualifications and
experience that the Illinois State Police Department shall

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require by rule. The Child Safety Coordinator shall receive no
compensation but shall be reimbursed for his or her expenses
from the Illinois State Police's Department's operations
budget. No funds shall be appropriated solely for the expenses
of the Child Safety Coordinator. The Illinois State Police
Department shall provide technical assistance for the Child
Safety Coordinator from its existing resources.
(Source: P.A. 92-259, eff. 1-1-02; 92-468, eff. 8-22-01;
93-310, eff. 7-23-03.)
(20 ILCS 2605/2605-485)
Sec. 2605-485. Endangered Missing Person Advisory.
(a) A coordinated program known as the Endangered Missing
Person Advisory is established within the Illinois Department
of State Police. The purpose of the Endangered Missing Person
Advisory is to provide a regional system for the rapid
dissemination of information regarding a missing person who is
believed to be a high-risk missing person as defined in Section
10 of the Missing Persons Identification Act.
(b) The AMBER Plan Task Force, established under Section
2605-480 of this the Department of State Police Law, shall
serve as the task force for the Endangered Missing Person
Advisory. The AMBER Plan Task Force shall monitor and review
the implementation and operation of the regional system
developed under subsection (a), including procedures,
budgetary requirements, and response protocols. The AMBER Plan

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Task Force shall also develop additional network resources for
use in the system.
(c) The Illinois Department of State Police, in
coordination with the Illinois Department on Aging, shall
develop and implement a community outreach program to promote
awareness among the State's healthcare facilities, nursing
homes, assisted living facilities, and other senior centers.
The guidelines and procedures shall ensure that specific health
information about the missing person is not made public through
the alert or otherwise.
(c-5) Subject to appropriation, the Illinois Department of
State Police, in coordination with the Illinois Department of
Human Services, shall develop and implement a community
outreach program to promote awareness of the Endangered Missing
Person Advisory among applicable entities, including, but not
limited to, developmental disability facilities as defined in
Section 1-107 of the Mental Health and Developmental
Disabilities Code. The guidelines and procedures shall ensure
that specific health information about the missing person is
not made public through the alert or otherwise.
(d) The Child Safety Coordinator, created under Section
2605-480 of this the Department of State Police Law, shall act
in the dual capacity of Child Safety Coordinator and Endangered
Missing Person Coordinator. The Coordinator shall assist in the
establishment of State standards and monitor the availability
of federal funding that may become available to further the

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objectives of the Endangered Missing Person Advisory. The
Illinois State Police Department shall provide technical
assistance for the Coordinator from its existing resources.
(e)(1) The Illinois Department of State Police, in
cooperation with the Silver Search Task Force, shall develop as
part of the Endangered Missing Person Advisory a coordinated
statewide awareness program and toolkit to be used when a
person 21 years of age or older who is believed to have
Alzheimer's disease, other related dementia, or other
dementia-like cognitive impairment is reported missing, which
shall be referred to as Silver Search.
(2) The Illinois State Police Department shall complete
development and deployment of the Silver Search Awareness
Program and toolkit on or before July 1, 2017.
(3) The Illinois Department of State Police shall establish
a Silver Search Task Force within 90 days after the effective
date of this amendatory Act of the 99th General Assembly to
assist the Illinois State Police Department in development and
deployment of the Silver Search Awareness Program and toolkit.
The Task Force shall establish the criteria and create a
toolkit, which may include usage of Department of
Transportation signs, under Section 2705-505.6 of the
Department of Transportation Law of the Civil Administrative
Code of Illinois. The Task Force shall monitor and review the
implementation and operation of that program, including
procedures, budgetary requirements, standards, and minimum

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requirements for the training of law enforcement personnel on
how to interact appropriately and effectively with individuals
that suffer from Alzheimer's disease, other dementia, or other
dementia-like cognitive impairment. The Task Force shall also
develop additional network and financial resources for use in
the system. The Task Force shall include, but is not limited
to, one representative from each of the following:
(A) the Illinois Department of State Police;
(B) the Department on Aging;
(C) the Department of Public Health;
(D) the Illinois Law Enforcement Training Standards
Board;
(E) the Illinois Emergency Management Agency;
(F) the Secretary of State;
(G) the Department of Transportation;
(H) the Department of the Lottery;
(I) the Illinois Toll Highway Authority;
(J) a State association dedicated to Alzheimer's care,
support, and research;
(K) a State association dedicated to improving quality
of life for persons age 50 and over;
(L) a State group of area agencies involved in planning
and coordinating services and programs for older persons in
their respective areas;
(M) a State organization dedicated to enhancing
communication and cooperation between sheriffs;

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(N) a State association of police chiefs and other
leaders of police and public safety organizations;
(O) a State association representing Illinois
publishers;
(P) a State association that advocates for the
broadcast industry;
(Q) a member of a large wireless telephone carrier; and
(R) a member of a small wireless telephone carrier.
The members of the Task Force designated in subparagraphs
(A) through (I) of this paragraph (3) shall be appointed by the
head of the respective agency. The members of the Task Force
designated in subparagraphs (J) through (R) of this paragraph
(3) shall be appointed by the Director of the Illinois State
Police. The Director of the Illinois State Police or his or her
designee shall serve as Chair of the Task Force.
The Task Force shall meet at least twice a year and shall
provide a report on the operations of the Silver Search Program
to the General Assembly and the Governor each year by June 30.
(4) Subject to appropriation, the Illinois Department of
State Police, in coordination with the Department on Aging and
the Silver Search Task Force, shall develop and implement a
community outreach program to promote awareness of the Silver
Search Program as part of the Endangered Missing Person
Advisory among law enforcement agencies, the State's
healthcare facilities, nursing homes, assisted living
facilities, other senior centers, and the general population on

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or before January 1, 2017.
(5) The Child Safety Coordinator, created under Section
2605-480 of this the Department of State Police Law of the
Civil Administrative Code of Illinois, shall act in the
capacity of Child Safety Coordinator, Endangered Missing
Person Coordinator, and Silver Search Program Coordinator. The
Coordinator, in conjunction with the members of the Task Force,
shall assist the Illinois State Police Department and the
Silver Search Task Force in the establishment of State
standards and monitor the availability of federal and private
funding that may become available to further the objectives of
the Endangered Missing Person Advisory and Silver Search
Awareness Program. The Illinois State Police Department shall
provide technical assistance for the Coordinator from its
existing resources.
(6) The Illinois Department of State Police shall provide
administrative and other support to the Task Force.
(Source: P.A. 99-322, eff. 1-1-16; 100-662, eff. 1-1-19.)
(20 ILCS 2605/2605-505) (was 20 ILCS 2605/55b)
Sec. 2605-505. Local citizens radio groups. The Illinois
State Police Department is authorized to use local citizens
radio groups in connection with its communication duties under
the Civil Administrative Code of Illinois and to coordinate
those local citizens radio groups with the functions of local
law enforcement agencies as the Illinois State Police

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Department deems advisable. With the approval of the Illinois
State Police Department, those local citizens radio groups
shall be eligible for law enforcement grants.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-550) (was 20 ILCS 2605/55a in part)
Sec. 2605-550. Transfer of realty to State agency;
acquisition of federal land. To transfer jurisdiction of any
realty title to which is held by the State of Illinois under
the control of the Illinois State Police Department to any
other department of the State government or to the State
Employees Housing Commission or to acquire or accept federal
land when the transfer, acquisition, or acceptance is
advantageous to the State and is approved in writing by the
Governor.
(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
eff. 8-14-98; 91-239, eff. 1-1-00.)
(20 ILCS 2605/2605-575)
Sec. 2605-575. Children's fingerprints. With the written
permission of the child's parent or guardian, the Illinois
State Police Department may retain the fingerprint record of a
child fingerprinted by the Illinois State Police Department at
any location of collection, such as a State fair, county fair,
or other place the Illinois State Police Department collects

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such data. The record may be retained and used only if the
child is later missing or abducted, if an Amber Alert is issued
for that child, or if a missing person report is filed for that
child with one or more local law enforcement agencies, and for
no other purpose. After the child reaches the age of 18, the
record must be destroyed unless the Illinois State Police
Department, within a reasonable period after the fingerprinted
person's 18th birthday, obtains the permission of the
fingerprinted person to retain the fingerprint record.
(Source: P.A. 94-481, eff. 1-1-06.)
(20 ILCS 2605/2605-585)
Sec. 2605-585. Money Laundering Asset Recovery Fund.
Moneys and the sale proceeds distributed to the Illinois
Department of State Police under paragraph (3) of Section
29B-26 of the Criminal Code of 2012 shall be deposited in a
special fund in the State treasury to be known as the Money
Laundering Asset Recovery Fund. The moneys deposited in the
Money Laundering Asset Recovery Fund shall be appropriated to
and administered by the Illinois Department of State Police for
State law enforcement purposes.
(Source: P.A. 100-699, eff. 8-3-18.)
(20 ILCS 2605/2605-590)
Sec. 2605-590. Drug Traffic Prevention Fund. Moneys
deposited into the Drug Traffic Prevention Fund pursuant to

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subsection (e) of Section 5-9-1.1 and subsection (c) of Section
5-9-1.1-5 of the Unified Code of Corrections shall be
appropriated to and administered by the Illinois Department of
State Police for funding of drug task forces and Metropolitan
Enforcement Groups in accordance with the Intergovernmental
Drug Laws Enforcement Act.
(Source: P.A. 98-463, eff. 8-16-13.)
(20 ILCS 2605/2605-595)
Sec. 2605-595. State Police Firearm Services Fund.
(a) There is created in the State treasury a special fund
known as the State Police Firearm Services Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act and
Section 5 of the Firearm Owners Identification Card Act. The
Fund may also receive revenue from grants, pass-through grants,
donations, appropriations, and any other legal source.
(b) The Illinois Department of State Police may use moneys
in the Fund to finance any of its lawful purposes, mandates,
functions, and duties under the Firearm Owners Identification
Card Act and the Firearm Concealed Carry Act, including the
cost of sending notices of expiration of Firearm Owner's
Identification Cards, concealed carry licenses, the prompt and
efficient processing of applications under the Firearm Owners
Identification Card Act and the Firearm Concealed Carry Act,
the improved efficiency and reporting of the LEADS and federal
NICS law enforcement data systems, and support for

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investigations required under these Acts and law. Any surplus
funds beyond what is needed to comply with the aforementioned
purposes shall be used by the Illinois State Police Department
to improve the Law Enforcement Agencies Data System (LEADS) and
criminal history background check system.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(20 ILCS 2605/2605-600)
Sec. 2605-600. Crimes Against Police Officers Advisory.
(a) For purposes of this Section:
"Attempt" has the meaning ascribed to that term in
Section 8-4 of the Criminal Code of 2012.
"Concealment of homicidal death" has the meaning
ascribed to that term in Section 9-3.4 of the Criminal Code
of 2012.
"First degree murder" has the meaning ascribed to that
term in Section 9-1 of the Criminal Code of 2012.
"Involuntary manslaughter" and "reckless homicide"
have the meanings ascribed to those terms in Section 9-3 of
the Criminal Code of 2012.
"Second degree murder" has the meaning ascribed to that
term in Section 9-2 of the Criminal Code of 2012.
(b) A coordinated program known as the Crimes Against

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Police Officers Advisory is established within the Illinois
Department of State Police. The purpose of the Crimes Against
Police Officers Advisory is to provide a regional system for
the rapid dissemination of information regarding a person who
is suspected of committing or attempting to commit any of the
offenses described in subsection (c).
(c) The Illinois Department of State Police shall develop
an advisory to assist law enforcement agencies when the
commission or attempted commission of the following offenses
against a peace officer occur:
(1) first degree murder;
(2) second degree murder;
(3) involuntary manslaughter;
(4) reckless homicide; and
(5) concealment of homicidal death.
(d) Law enforcement agencies participating in the advisory
may request assistance when:
(1) the agency believes that a suspect has not been
apprehended;
(2) the agency believes that the suspect may be a
serious threat to the public; and
(3) sufficient information is available to disseminate
to the public that could assist in locating the suspect.
(e) The Illinois Department of State Police shall reserve
the authority to determine if dissemination of the information
will pose a significant risk to the public or jeopardize the

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investigation.
(f) The Illinois Department of State Police may partner
with media and may request a media broadcast concerning details
of the suspect in order to obtain the public's assistance in
locating the suspect or vehicle used in the offense, or both.
(Source: P.A. 98-263, eff. 1-1-14; 98-756, eff. 7-16-14.)
(20 ILCS 2605/2605-605)
Sec. 2605-605. Violent Crime Intelligence Task Force. The
Director of the Illinois State Police may establish a statewide
multi-jurisdictional Violent Crime Intelligence Task Force led
by the Illinois Department of State Police dedicated to
combating gun violence, gun-trafficking, and other violent
crime with the primary mission of preservation of life and
reducing the occurrence and the fear of crime. The objectives
of the Task Force shall include, but not be limited to,
reducing and preventing illegal possession and use of firearms,
firearm-related homicides, and other violent crimes.
(1) The Task Force may develop and acquire information,
training, tools, and resources necessary to implement a
data-driven approach to policing, with an emphasis on
intelligence development.
(2) The Task Force may utilize information sharing,
partnerships, crime analysis, and evidence-based practices to
assist in the reduction of firearm-related shootings,
homicides, and gun-trafficking.

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(3) The Task Force may recognize and utilize best practices
of community policing and may develop potential partnerships
with faith-based and community organizations to achieve its
goals.
(4) The Task Force may identify and utilize best practices
in drug-diversion programs and other community-based services
to redirect low-level offenders.
(5) The Task Force may assist in violence suppression
strategies including, but not limited to, details in identified
locations that have shown to be the most prone to gun violence
and violent crime, focused deterrence against violent gangs and
groups considered responsible for the violence in communities,
and other intelligence driven methods deemed necessary to
interrupt cycles of violence or prevent retaliation.
(6) In consultation with the Chief Procurement Officer, the
Illinois Department of State Police may obtain contracts for
software, commodities, resources, and equipment to assist the
Task Force with achieving this Act. Any contracts necessary to
support the delivery of necessary software, commodities,
resources, and equipment are not subject to the Illinois
Procurement Code, except for Sections 20-60, 20-65, 20-70, and
20-160 and Article 50 of that Code, provided that the Chief
Procurement Officer may, in writing with justification, waive
any certification required under Article 50 of the Illinois
Procurement Code.
(Source: P.A. 100-3, eff. 1-1-18.)

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(20 ILCS 2605/2605-610)
Sec. 2605-610. Possession of a Firearm Owner's
Identification Card. The Illinois State Police Department
shall not make possession of a Firearm Owner's Identification
Card a condition of continued employment if the State Police
officer's Firearm Owner's Identification Card is revoked or
seized because the State Police officer has been a patient of a
mental health facility and the State Police officer has not
been determined to pose a clear and present danger to himself,
herself, or others as determined by a physician, clinical
psychologist, or qualified examiner. Nothing is this Section
shall otherwise impair an employer's ability to determine a
State Police officer's fitness for duty. A collective
bargaining agreement already in effect on this issue on the
effective date of this amendatory Act of the 101st General
Assembly cannot be modified, but on or after the effective date
of this amendatory Act of the 101st General Assembly, the
employer cannot require a Firearm Owner's Identification Card
as a condition of continued employment in a collective
bargaining agreement. The employer shall document if and why a
State Police officer has been determined to pose a clear and
present danger.
(Source: P.A. 101-375, eff. 8-16-19.)
(20 ILCS 2605/2605-85 rep.)

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(20 ILCS 2605/2605-90 rep.)
(20 ILCS 2605/2605-95 rep.)
(20 ILCS 2605/2605-96 rep.)
(20 ILCS 2605/2605-97 rep.)
(20 ILCS 2605/2605-98 rep.)
(20 ILCS 2605/2605-99 rep.)
(20 ILCS 2605/2605-100 rep.)
(20 ILCS 2605/2605-105 rep.)
(20 ILCS 2605/2605-110 rep.)
(20 ILCS 2605/2605-115 rep.)
(20 ILCS 2605/2605-120 rep.)
(20 ILCS 2605/2605-130 rep.)
(20 ILCS 2605/2605-135 rep.)
(20 ILCS 2605/2605-140 rep.)
(20 ILCS 2605/2605-300 rep.)
(20 ILCS 2605/2605-390 rep.)
(20 ILCS 2605/2605-500 rep.)
Section 197. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by repealing
Sections 2605-85, 2605-90, 2605-95, 2605-96, 2605-97, 2605-98,
2605-99, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120,
2605-130, 2605-135, 2605-140, 2605-300, 2605-390, and
2605-500.
Section 200. The State Police Act is amended by changing
the title of the Act and Sections 0.01, 1, 2, 3, 8, 9, 10, 12.2,

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12.5, 13, 14, 16, 17b, 18, 20, 21, 22, 24, 30, 35, 38, 40, and
45 as follows:
(20 ILCS 2610/Act title)
An Act in relation to the Illinois Department of State
Police.
(20 ILCS 2610/0.01) (from Ch. 121, par. 307.01)
Sec. 0.01. Short title. This Act may be cited as the
Illinois State Police Act.
(Source: P.A. 86-1324.)
(20 ILCS 2610/1) (from Ch. 121, par. 307.1)
Sec. 1. The Illinois Department of State Police,
hereinafter called the Department, shall maintain divisions in
accordance with Section 2605-25 of the Illinois Department of
State Police Law (20 ILCS 2605/2605-25). The Illinois State
Police Department, by the Director, shall appoint State
policemen, also known as State Police Officers, as provided in
this Act.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2610/2) (from Ch. 121, par. 307.2)
Sec. 2. The Director shall be responsible for the
management and control of the Illinois State Police Department.
The Director shall make and adopt rules and regulations for the

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direction, control, discipline and conduct of the members of
the Illinois State Police Department and such other rules for
the government and operation of the Illinois State Police
Department as he may deem necessary. He shall also designate
the authority and responsibility within the limits of this Act
for each rank of State policemen in the Illinois State Police
Department.
(Source: P.A. 85-1042.)
(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
Sec. 3. The Governor shall appoint, by and with the advice
and consent of the Senate, an Illinois a Department of State
Police Merit Board, hereinafter called the Board, consisting of
5 members to hold office, one until the third Monday in March,
1951, one until the third Monday in March, 1953, and one until
the third Monday in March, 1955, and until their respective
successors are appointed and qualified. One of the members
added by this amendatory Act of 1977 shall serve a term
expiring on the third Monday in March, 1980, and until his
successor is appointed and qualified, and one shall serve a
term expiring on the third Monday in March, 1982, and until his
successor is appointed and qualified. Upon the expiration of
the terms of office of those first appointed, their respective
successors shall be appointed to hold office from the third
Monday in March of the year of their respective appointments
for a term of six years and until their successors are

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appointed and qualified for a like term. No more than 3 members
of the Board shall be affiliated with the same political party.
If the Senate is not in session at the time initial
appointments are made pursuant to this section, the Governor
shall make temporary appointments as in the case of a vacancy.
(Source: P.A. 87-284.)
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8. The Board shall exercise jurisdiction over the
certification for appointment and promotion, and over the
discipline, removal, demotion and suspension of Illinois
Department of State Police officers. Pursuant to recognized
merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations and
procedures for its operation and the transaction of its
business. The Board shall establish a classification of ranks
of persons subject to its jurisdiction and shall set standards
and qualifications for each rank. Each Illinois Department of
State Police officer appointed by the Director shall be
classified as a State Police officer as follows: trooper,
sergeant, master sergeant, lieutenant, captain, major, or
Special Agent.
(Source: P.A. 100-49, eff. 1-1-18.)
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.

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(a) Except as otherwise provided in this Section, the
appointment of Illinois Department of State Police officers
shall be made from those applicants who have been certified by
the Board as being qualified for appointment. All persons so
appointed shall, at the time of their appointment, be not less
than 21 years of age, or 20 years of age and have successfully
completed an associate's degree or 60 credit hours at an
accredited college or university. Any person appointed
subsequent to successful completion of an associate's degree or
60 credit hours at an accredited college or university shall
not have power of arrest, nor shall he or she be permitted to
carry firearms, until he or she reaches 21 years of age. In
addition, all persons so certified for appointment shall be of
sound mind and body, be of good moral character, be citizens of
the United States, have no criminal records, possess such
prerequisites of training, education, and experience as the
Board may from time to time prescribe so long as persons who
have an associate's degree or 60 credit hours at an accredited
college or university are not disqualified, and shall be
required to pass successfully such mental and physical tests
and examinations as may be prescribed by the Board. All persons
who meet one of the following requirements are deemed to have
met the collegiate educational requirements:
(i) have been honorably discharged and who have been
awarded a Southwest Asia Service Medal, Kosovo Campaign
Medal, Korean Defense Service Medal, Afghanistan Campaign

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Medal, Iraq Campaign Medal, or Global War on Terrorism
Expeditionary Medal by the United States Armed Forces;
(ii) are active members of the Illinois National Guard
or a reserve component of the United States Armed Forces
and who have been awarded a Southwest Asia Service Medal,
Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
War on Terrorism Expeditionary Medal as a result of
honorable service during deployment on active duty;
(iii) have been honorably discharged who served in a
combat mission by proof of hostile fire pay or imminent
danger pay during deployment on active duty; or
(iv) have at least 3 years of full active and
continuous military duty and received an honorable
discharge before hiring.
Preference shall be given in such appointments to persons
who have honorably served in the military or naval services of
the United States. All appointees shall serve a probationary
period of 12 months from the date of appointment and during
that period may be discharged at the will of the Director.
However, the Director may in his or her sole discretion extend
the probationary period of an officer up to an additional 6
months when to do so is deemed in the best interest of the
Illinois State Police Department. Nothing in this subsection
(a) limits the Board's ability to prescribe education
prerequisites or requirements to certify Illinois Department

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of State Police officers for promotion as provided in Section
10 of this Act.
(b) Notwithstanding the other provisions of this Act, after
July 1, 1977 and before July 1, 1980, the Director of State
Police may appoint and promote not more than 20 persons having
special qualifications as special agents as he or she deems
necessary to carry out the Department's objectives. Any such
appointment or promotion shall be ratified by the Board.
(c) During the 90 days following the effective date of this
amendatory Act of 1995, the Director of State Police may
appoint up to 25 persons as State Police officers. These
appointments shall be made in accordance with the requirements
of this subsection (c) and any additional criteria that may be
established by the Director, but are not subject to any other
requirements of this Act. The Director may specify the initial
rank for each person appointed under this subsection.
All appointments under this subsection (c) shall be made
from personnel certified by the Board. A person certified by
the Board and appointed by the Director under this subsection
must have been employed by the Illinois Commerce Commission on
November 30, 1994 in a job title subject to the Personnel Code
and in a position for which the person was eligible to earn
"eligible creditable service" as a "noncovered employee", as
those terms are defined in Article 14 of the Illinois Pension
Code.
Persons appointed under this subsection (c) shall

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thereafter be subject to the same requirements and procedures
as other State police officers. A person appointed under this
subsection must serve a probationary period of 12 months from
the date of appointment, during which he or she may be
discharged at the will of the Director.
This subsection (c) does not affect or limit the Director's
authority to appoint other State Police officers under
subsection (a) of this Section.
(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20.)
(20 ILCS 2610/10) (from Ch. 121, par. 307.10)
Sec. 10. Except as provided in Section 9 of this Act,
promotion of Illinois Department of State Police officers shall
be made by the Director from those candidates who have been
certified to him as being qualified for promotion. The Board
shall make certifications for promotions on the basis of job
performance measurement, seniority, education, or written or
oral examinations. All vacancies in all ranks above the lowest
shall be filled by promotion.
(Source: P.A. 84-25.)
(20 ILCS 2610/12.2)
Sec. 12.2. Burial benefit for State police officers killed
in the line of duty.
(a) The Illinois Department of State Police shall pay
directly or reimburse, up to a maximum of $20,000, the burial

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expenses of each State police officer who is killed in the line
of duty after June 30, 2018.
(b) The payments provided for in this Section shall be paid
out of moneys appropriated to the Illinois State Police
Department for the personal services of State police officers.
(c) The Illinois Department of State Police shall adopt
rules governing the administration of this Section.
(Source: P.A. 101-28, eff. 1-1-20.)
(20 ILCS 2610/12.5)
Sec. 12.5. Zero tolerance drug policy. Any person employed
by the Illinois Department of State Police who tests positive
in accordance with established Illinois State Police
Departmental drug testing procedures for any substance
prohibited by the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act shall be
discharged from employment. Any person employed by the Illinois
Department of State Police who tests positive in accordance
with established Illinois State Police Departmental drug
testing procedures for any substance prohibited by the Cannabis
Control Act may be discharged from employment. Refusal to
submit to a drug test, ordered in accordance with Illinois
State Police Departmental procedures, by any person employed by
the Illinois State Police Department shall be construed as a
positive test, and the person shall be discharged from
employment. The changes made in this Section by this amendatory

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Act of the 100th General Assembly shall apply to all pending
and future incidents under this Section.
(Source: P.A. 100-1130, eff. 11-27-18.)
(20 ILCS 2610/13) (from Ch. 121, par. 307.13)
Sec. 13. Disciplinary measures prescribed by the Board for
Illinois Department of State Police officers may be taken by
the Director for the punishment of infractions of the rules and
regulations of the respective divisions as promulgated by the
Illinois State Police Department. Such disciplinary measures
may include suspension of any such officer for a reasonable
period, not exceeding 30 days.
Any officer so suspended, within 10 days after suspension,
may petition the Board in writing to review the suspension, and
upon the filing of such petition with the Board, the Board
shall within a reasonable amount of time, but no later than 30
days after the date of request for review set the written
petition for hearing before the Board upon not less than 10
days' notice at a place to be designated by the chairman
thereof. The Board may sustain the action of the Director,
reverse it with instructions that the officer receive his pay
for the period involved, or reduce the length of suspension
with instructions that the officer's pay be adjusted
accordingly. No later than July 1, 1987, the Board shall
promulgate rules which include the standards to be used in
determining when compensation will be awarded to an officer who

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is found not guilty or has served a greater period of
suspension than prescribed by the Board. The Board may not
increase the length of suspension imposed by the Director. The
Board may, by unanimous decision, dismiss the petition if it
has determined that there is no substantial basis for its
review of the suspension. In all other respects, the hearing
shall be conducted in the manner provided for in Section 14
hereof. The provisions of the "Administrative Review Law" and
the rules adopted pursuant thereto shall apply to and govern
all proceedings for the judicial review of any order of the
board rendered pursuant to the provisions of this Section.
(Source: P.A. 85-1042.)
(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
Sec. 14. Except as is otherwise provided in this Act, no
Illinois Department of State Police officer shall be removed,
demoted or suspended except for cause, upon written charges
filed with the Board by the Director and a hearing before the
Board thereon upon not less than 10 days' notice at a place to
be designated by the chairman thereof. At such hearing, the
accused shall be afforded full opportunity to be heard in his
or her own defense and to produce proof in his or her defense.
Anyone filing a complaint against a State Police Officer must
have the complaint supported by a sworn affidavit. Any such
complaint, having been supported by a sworn affidavit, and
having been found, in total or in part, to contain false

SB3642 - 294 - LRB101 20589 WGH 70218 b
information, shall be presented to the appropriate State's
Attorney for a determination of prosecution.
Before any such officer may be interrogated or examined by
or before the Board, or by an Illinois State Police a
departmental agent or investigator specifically assigned to
conduct an internal investigation, the results of which
hearing, interrogation or examination may be the basis for
filing charges seeking his or her suspension for more than 15
days or his or her removal or discharge, he or she shall be
advised in writing as to what specific improper or illegal act
he or she is alleged to have committed; he or she shall be
advised in writing that his or her admissions made in the
course of the hearing, interrogation or examination may be used
as the basis for charges seeking his or her suspension, removal
or discharge; and he or she shall be advised in writing that he
or she has a right to counsel of his or her choosing, who may be
present to advise him or her at any hearing, interrogation or
examination. A complete record of any hearing, interrogation or
examination shall be made, and a complete transcript or
electronic recording thereof shall be made available to such
officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or

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affirmations. If the charges against an accused are established
by a preponderance of evidence, the Board shall make a finding
of guilty and order either removal, demotion, suspension for a
period of not more than 180 days, or such other disciplinary
punishment as may be prescribed by the rules and regulations of
the Board which, in the opinion of the members thereof, the
offense merits. Thereupon the Director shall direct such
removal or other punishment as ordered by the Board and if the
accused refuses to abide by any such disciplinary order, the
Director shall remove him or her forthwith.
If the accused is found not guilty or has served a period
of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for the
purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Illinois State Police
Department shall be subject to these sanctions in the same
manner as other parties.
In case of the neglect or refusal of any person to obey a

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subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings for
the judicial review of any order of the Board rendered pursuant
to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy
making officer, as defined in the Employee Rights Violation
Act, of the Illinois Department of State Police shall be
discharged from the Illinois Department of State Police as
provided in the Employee Rights Violation Act, enacted by the
85th General Assembly.
(Source: P.A. 96-891, eff. 5-10-10.)
(20 ILCS 2610/16) (from Ch. 121, par. 307.16)
Sec. 16. State policemen shall enforce the provisions of
The Illinois Vehicle Code, approved September 29, 1969, as
amended, and Article 9 of the "Illinois Highway Code" as
amended; and shall patrol the public highways and rural
districts to make arrests for violations of the provisions of
such Acts. They are conservators of the peace and as such have
all powers possessed by policemen in cities, and sheriffs,

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except that they may exercise such powers anywhere in this
State. The State policemen shall cooperate with the police of
cities, villages and incorporated towns, and with the police
officers of any county, in enforcing the laws of the State and
in making arrests and recovering property. They may be equipped
with standardized and tested devices for weighing motor
vehicles and may stop and weigh, acting reasonably, or cause to
be weighed, any motor vehicle which appears to weigh in excess
of the weight permitted by law. It shall also be the duty of
the Illinois State Police State police to determine, whenever
possible, the person or persons or the causes responsible for
the breaking or destruction of any improved hard-surfaced
roadway; to arrest all persons criminally responsible for such
breaking or destruction and bring them before the proper
officer for trial. The Illinois Department of State Police
shall divide the State into Districts and assign each district
to one or more policemen. No person employed under this Act,
however, shall serve or execute civil process, except for
process issued under the authority of the General Assembly, or
a committee or commission thereof vested with subpoena powers
when the county sheriff refuses or fails to serve such process,
and except for process issued under the authority of the
Illinois Department of Revenue.
(Source: P.A. 84-25.)
(20 ILCS 2610/17b)

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Sec. 17b. Retiring officer; purchase of service firearm and
police badge. The Director of the Illinois State Police shall
establish a policy to allow a State Police officer who is
honorably retiring or separating in good standing to purchase
either one or both of the following: (i) any State Police badge
previously issued to that officer; or (ii) if the officer has a
currently valid Firearm Owner's Identification Card, the
service firearm issued or previously issued to the officer by
the Illinois Department of State Police. The cost of the
firearm purchased shall be the replacement value of the firearm
and not the firearm's fair market value.
(Source: P.A. 100-931, eff. 8-17-18.)
(20 ILCS 2610/18) (from Ch. 121, par. 307.18)
Sec. 18. The Director may also authorize any civilian
employee of the Illinois State Police Department who is not a
State policeman to be a truck weighing inspector with the power
of enforcing the provisions of Sections 15-102, 15-103, 15-107,
15-111, and 15-301 and subsection (d) of Section 3-401 of the
Illinois Vehicle Code.
(Source: P.A. 100-830, eff. 1-1-19.)
(20 ILCS 2610/20) (from Ch. 121, par. 307.18a)
Sec. 20. The Illinois State Police Department from time to
time may enter into contracts with The Illinois State Toll
Highway Authority, hereinafter called the Authority, with

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respect to the policing of toll highways by the Illinois State
Police. Such contracts shall provide among other matters for
the compensation or reimbursement of the Illinois State Police
Department by the Authority for the costs incurred by this
State with respect to such policing service, including, but not
limited to, the costs of: (1) compensation and training of the
State policemen and the clerical employees assigned to such
policing service; and (2) uniforms, equipment, supplies and
housing used by such personnel; and (3) reimbursement of such
sums as the State expends in connection with payments of claims
for injuries or illnesses suffered by such personnel in the
line of duty. Each such contract may provide for the methods of
ascertaining such costs, and shall be of such duration and may
contain such other appropriate terms as the Illinois State
Police Department and the Authority may agree upon. The
Illinois State Police Department is not obliged to furnish
policing service on any highway under the jurisdiction of the
Authority except as required by contract.
(Source: P.A. 81-840.)
(20 ILCS 2610/21) (from Ch. 121, par. 307.18b)
Sec. 21. (a) The Illinois State Police Department shall
appoint as State policemen the number of persons required for
assignment to the policing of toll highways by contracts made
pursuant to Section 20 of this Act; and such policemen shall
have the same qualifications and shall be appointed and paid

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and shall receive the same benefits, as all other State
policemen.
(b) The Director shall assign such policemen in accordance
with the contract provisions, which may authorize temporary
increases or decreases in the number of policemen so assigned
when emergency conditions so require.
(c) State policemen so assigned have, in policing the toll
highways, all powers and duties of enforcement and arrest which
Section 16 of this Act confers upon State policemen generally
in policing other public highways and other areas, and in
addition have the duty to enforce all regulations established
by the Illinois State Toll Highway Authority pursuant to the
authority of the "An Act in relation to the construction,
operation, regulation and maintenance of a system of toll
highways and to create The Illinois State Toll Highway Act
Authority, and to define its powers and duties, to make an
appropriation in conjunction therewith", approved August 7,
1967, as amended.
(Source: P.A. 85-1042.)
(20 ILCS 2610/22) (from Ch. 121, par. 307.18c)
Sec. 22. The Director and the State policemen appointed by
him, when authorized by the Director, may expend such sums as
the Director deems necessary in the purchase of evidence and in
the employment of persons to obtain evidence.
Such sums to be expended shall be advanced to the State

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policeman who is to make such purchase or employment from funds
appropriated or made available by law for the support or use of
the Illinois State Police Department on vouchers therefor
signed by the Director.
(Source: P.A. 85-1042.)
(20 ILCS 2610/24)
Sec. 24. Illinois State Police quotas prohibited. The
Illinois State Police Department may not require an Illinois a
Department of State Police officer to issue a specific number
of citations within a designated period of time. This
prohibition shall not affect the conditions of any federal or
State grants or funds awarded to the Illinois State Police
Department and used to fund traffic enforcement programs.
The Illinois State Police Department may not, for purposes
of evaluating an Illinois a Department of State Police
officer's job performance, compare the number of citations
issued by the Illinois Department of State Police officer to
the number of citations issued by any other Illinois Department
of State Police officer who has similar job duties. Nothing in
this Section shall prohibit the Illinois State Police
Department from evaluating an Illinois a Department of State
Police officer based on the Illinois Department of State Police
officer's points of contact. For the purposes of this Section,
"points of contact" means any quantifiable contact made in the
furtherance of the Illinois Department of State Police

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officer's duties, including, but not limited to, the number of
traffic stops completed, arrests, written warnings, and crime
prevention measures. Points of contact shall not include either
the issuance of citations or the number of citations issued by
an Illinois a Department of State Police officer.
(Source: P.A. 98-650, eff. 1-1-15.)
(20 ILCS 2610/30)
Sec. 30. Patrol vehicles with in-car video recording
cameras.
(a) Definitions. As used in this Section:
"Audio recording" means the recorded conversation
between an officer and a second party.
"Emergency lights" means oscillating, rotating, or
flashing lights on patrol vehicles.
"In-car video camera" means a video camera located in
an Illinois State Police a Department patrol vehicle.
"In-car video camera recording equipment" means a
video camera recording system located in an Illinois State
Police a Department patrol vehicle consisting of a camera
assembly, recording mechanism, and an in-car video
recording medium.
"Enforcement stop" means an action by an officer of the
Illinois State Police Department in relation to
enforcement and investigation duties, including but not
limited to, traffic stops, pedestrian stops, abandoned

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vehicle contacts, motorist assists, commercial motor
vehicle stops, roadside safety checks, requests for
identification, or responses to requests for emergency
assistance.
"Recording" means the process of capturing data or
information stored on a recording medium as required under
this Section.
"Recording medium" means any recording medium
authorized by the Illinois State Police Department for the
retention and playback of recorded audio and video
including, but not limited to, VHS, DVD, hard drive, solid
state, digital, or flash memory technology.
"Wireless microphone" means a device devise worn by the
officer or any other equipment used to record conversations
between the officer and a second party and transmitted to
the recording equipment.
(b) By June 1, 2009, the Illinois State Police Department
shall install in-car video camera recording equipment in all
patrol vehicles. Subject to appropriation, all patrol vehicles
shall be equipped with in-car video camera recording equipment
with a recording medium capable of recording for a period of 10
hours or more by June 1, 2011. In-car video camera recording
equipment shall be capable of making audio recordings with the
assistance of a wireless microphone.
(c) As of the effective date of this amendatory Act of the
95th General Assembly, in-car video camera recording equipment

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with a recording medium incapable of recording for a period of
10 hours or more shall record activities outside a patrol
vehicle whenever (i) an officer assigned a patrol vehicle is
conducting an enforcement stop; (ii) patrol vehicle emergency
lights are activated or would otherwise be activated if not for
the need to conceal the presence of law enforcement; or (iii)
an officer reasonably believes recording may assist with
prosecution, enhance safety, or for any other lawful purpose.
As of the effective date of this amendatory Act of the 95th
General Assembly, in-car video camera recording equipment with
a recording medium incapable of recording for a period of 10
hours or more shall record activities inside the vehicle when
transporting an arrestee or when an officer reasonably believes
recording may assist with prosecution, enhance safety, or for
any other lawful purpose.
(1) Recording for an enforcement stop shall begin when
the officer determines an enforcement stop is necessary and
shall continue until the enforcement action has been
completed and the subject of the enforcement stop or the
officer has left the scene.
(2) Recording shall begin when patrol vehicle
emergency lights are activated or when they would otherwise
be activated if not for the need to conceal the presence of
law enforcement, and shall continue until the reason for
the activation ceases to exist, regardless of whether the
emergency lights are no longer activated.

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(3) An officer may begin recording if the officer
reasonably believes recording may assist with prosecution,
enhance safety, or for any other lawful purpose; and shall
continue until the reason for recording ceases to exist.
(d) In-car video camera recording equipment with a
recording medium capable of recording for a period of 10 hours
or more shall record activities whenever a patrol vehicle is
assigned to patrol duty.
(e) Any enforcement stop resulting from a suspected
violation of the Illinois Vehicle Code shall be video and audio
recorded. Audio recording shall terminate upon release of the
violator and prior to initiating a separate criminal
investigation.
(f) Recordings made on in-car video camera recording medium
shall be retained by the Illinois State Police Department for a
storage period of at least 90 days. Under no circumstances
shall any recording made on in-car video camera recording
medium be altered or erased prior to the expiration of the
designated storage period. Upon completion of the storage
period, the recording medium may be erased and reissued for
operational use unless otherwise ordered by the District
Commander or his or her designee or by a court, or if
designated for evidentiary or training purposes.
(g) Audio or video recordings made pursuant to this Section
shall be available under the applicable provisions of the
Freedom of Information Act. Only recorded portions of the audio

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recording or video recording medium applicable to the request
will be available for inspection or copying.
(h) The Illinois State Police Department shall ensure
proper care and maintenance of in-car video camera recording
equipment and recording medium. An officer operating a patrol
vehicle must immediately document and notify the District
Commander or his or her designee of any technical difficulties,
failures, or problems with the in-car video camera recording
equipment or recording medium. Upon receiving notice, the
District Commander or his or her designee shall make every
reasonable effort to correct and repair any of the in-car video
camera recording equipment or recording medium and determine if
it is in the public interest to permit the use of the patrol
vehicle.
(i) The Illinois State Police Department may promulgate
rules to implement this amendatory Act of the 95th General
Assembly only to the extent necessary to apply the existing
rules or applicable internal directives.
(Source: P.A. 95-1009, eff. 12-15-08.)
(20 ILCS 2610/35)
Sec. 35. Officer-worn body cameras; policy; training.
(a) For the purposes of this Section, "officer-worn body
camera" shall have the same meaning as defined in Section 10 of
the Law Enforcement Officer-Worn Body Camera Act.
(b) If the Illinois State Police Department employs the use

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of officer-worn body cameras, the Illinois State Police
Department shall develop a written policy which must include,
at a minimum, the guidelines established by the Law Enforcement
Officer-Worn Body Camera Act.
(c) The Illinois State Police Department shall provide
training to those officers who utilize officer-worn body
cameras.
(Source: P.A. 99-352, eff. 1-1-16.)
(20 ILCS 2610/38)
Sec. 38. Disposal of medications. The Illinois State Police
Department may by rule authorize State Police officers to
dispose of any unused medications under Section 18 of the Safe
Pharmaceutical Disposal Act.
(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.)
(20 ILCS 2610/40)
Sec. 40. Training; administration of epinephrine.
(a) This Section, along with Section 10.19 of the Illinois
Police Training Act, may be referred to as the Annie LeGere
Law.
(b) For the purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of the Illinois State Police
Department.

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(c) The Illinois State Police Department may conduct or
approve a training program for State Police officers to
recognize and respond to anaphylaxis, including, but not
limited to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Illinois State Police Department.
(d) The Illinois State Police Department may authorize a
State Police officer who has completed the training program
under subsection (c) to carry, administer, or assist with the
administration of epinephrine auto-injectors whenever he or
she is performing official duties.
(e) The Illinois State Police Department must establish a
written policy to control the acquisition, storage,
transportation, administration, and disposal of epinephrine
auto-injectors before it allows any State Police officer to
carry and administer epinephrine auto-injectors.

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(f) A physician, physician physician's assistant with
prescriptive authority, or advanced practice registered nurse
with prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of the
Illinois State Police Department to be maintained for use when
necessary.
(g) When a State Police officer administers an epinephrine
auto-injector in good faith, the officer and the Illinois State
Police Department, and its employees and agents, including a
physician, physician physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority who provides a standing order or
prescription for an epinephrine auto-injector, incur no civil
or professional liability, except for willful and wanton
conduct, as a result of any injury or death arising from the
use of an epinephrine auto-injector.
(Source: P.A. 100-201, eff. 8-18-17; 100-648, eff. 7-31-18;
revised 7-12-19.)
(20 ILCS 2610/45)
Sec. 45. Compliance with the Health Care Violence
Prevention Act; training. The Illinois State Police Department
shall comply with the Health Care Violence Prevention Act and
shall provide an appropriate level of training for its officers
concerning the Health Care Violence Prevention Act.
(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)

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Section 205. The State Police Radio Act is amended by
changing Sections 0.01, 1, 2, 6, and 10 as follows:
(20 ILCS 2615/0.01) (from Ch. 121, par. 307.20)
Sec. 0.01. Short title. This Act may be cited as the
Illinois State Police Radio Act.
(Source: P.A. 86-1324.)
(20 ILCS 2615/1) (from Ch. 121, par. 307.21)
Sec. 1. The Illinois Department of State Police is
authorized to purchase, lease or otherwise acquire and operate
one or more radio broadcasting stations in the State to be used
for police purposes only. Such radio stations shall broadcast
all police dispatches and reports submitted to them which
pertain to the apprehension of criminals, the prevention of
crime and the maintenance of law and order in order to assist
peace officers more effectively to discharge their duties.
(Source: P.A. 84-25.)
(20 ILCS 2615/2) (from Ch. 121, par. 307.22)
Sec. 2. The Illinois Department of State Police, the county
board of any county, the city council of any city and the board
of trustees of any village or incorporated town are authorized
to purchase or acquire and furnish radio receiving sets to all
peace officers under their jurisdiction. These radio receiving

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sets shall only be used by such officers in the performance of
their duties as police officers in this State and shall always
be set and in readiness to receive any report or message that
may be broadcasted from any radio broadcasting station operated
by the Illinois Department of State Police under this Act.
Every police officer receiving a radio set shall make a report
to the Illinois Department of State Police at such times and
containing such information as the Department may require.
(Source: P.A. 84-25.)
(20 ILCS 2615/6) (from Ch. 121, par. 307.26)
Sec. 6. The Illinois Department of State Police is
authorized to use any money appropriated to it for the purpose
of patrolling and policing the public highways in carrying out
the provisions of this Act.
(Source: P.A. 84-25.)
(20 ILCS 2615/10)
Sec. 10. Public safety radio interoperability. Upon their
establishment and thereafter, the Director of the Illinois
State Police, or his or her designee, shall serve as the
chairman of the Illinois Statewide Interoperability Executive
Committee (SIEC) and as the chairman of the STARCOM21 Oversight
Committee. The Director, as chairman, may increase the size and
makeup of the voting membership of each committee when deemed
necessary for improved public safety radio interoperability,

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but the voting membership of each committee must represent
public safety users (police, fire, or EMS) and must, at a
minimum, include the representatives specified in this
Section. The STARCOM21 Oversight Committee must comprise
public safety users accessing the system. The SIEC shall have
at a minimum one representative from each of the following: the
Illinois Fire Chiefs Association, the Rural Fire Protection
Association, the Office of the State Fire Marshal, the Illinois
Association of Chiefs of Police, the Illinois Sheriffs'
Association, the Illinois State Police, the Illinois Emergency
Management Agency, the Department of Public Health, and the
Secretary of State Police (which representative shall be the
Director of the Secretary of State Police or his or her
designee).
(Source: P.A. 94-1005, eff. 7-3-06.)
Section 210. The Narcotic Control Division Abolition Act is
amended by changing Sections 1, 2, 3, 4, 5, 6, 7, and 8 as
follows:
(20 ILCS 2620/1) (from Ch. 127, par. 55d)
Sec. 1. The Division of Narcotic Control is abolished and
its functions are transferred to and shall be administered by
the Illinois Department of State Police.
When used in this Act, unless the context otherwise
indicates:

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"Department" means the Department of State Police;
"Director" means the Director of the Illinois Department of
State Police.
(Source: P.A. 84-25.)
(20 ILCS 2620/2) (from Ch. 127, par. 55e)
Sec. 2. The Illinois State Police Department shall enforce
all laws regulating the production, sale, prescribing,
manufacturing, administering, transporting, having in
possession, dispensing, delivering, distributing or use of
controlled substances as defined in the "Illinois Controlled
Substances Act", and cannabis as defined in the "Cannabis
Control Act" enacted by the 77th General Assembly, as now or
hereafter amended, and any other duties conferred upon the
Illinois State Police Department by law.
(Source: P.A. 77-770.)
(20 ILCS 2620/3) (from Ch. 127, par. 55f)
Sec. 3. The Director may, in conformity with the Personnel
Code, employ such inspectors, physicians, pharmacists,
chemists, clerical and other employees as are necessary to
carry out the duties of the Illinois State Police Department.
(Source: P.A. 76-442.)
(20 ILCS 2620/4) (from Ch. 127, par. 55g)
Sec. 4. The Director and the inspectors appointed by him

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are conservators of the peace and as such have all the powers
possessed by policemen in cities and by sheriffs, except that
they may exercise such powers anywhere in the State, in
enforcing the duties conferred upon the Illinois State Police
Department by Section 2 of this Act.
(Source: P.A. 76-442.)
(20 ILCS 2620/5) (from Ch. 127, par. 55h)
Sec. 5. The Illinois State Police Department shall advise
and inform local and other State law-enforcement officers of
various controlled substances and cannabis law-enforcement
practices and shall establish a central office where local and
other State law-enforcement officers may report controlled
substances and cannabis violations and obtain information
about controlled substances and cannabis violators. Every
local and other State law-enforcement officer shall report any
violation of the controlled substances and cannabis laws of
this State to the Illinois State Police Department.
(Source: P.A. 77-770.)
(20 ILCS 2620/6) (from Ch. 127, par. 55i)
Sec. 6. The Illinois Department of State Police is
authorized to establish laboratories for the purpose of testing
of controlled substances and cannabis which are seized.
The Illinois Department of State Police shall formulate,
adopt and put into effect such reasonable rules and regulations

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as are necessary to carry out the provisions of this Act.
(Source: P.A. 85-1042.)
(20 ILCS 2620/7) (from Ch. 127, par. 55j)
Sec. 7. Expenditures; evidence; forfeited property.
(a) The Director and the inspectors appointed by him, when
authorized by the Director, may expend such sums as the
Director deems necessary in the purchase of controlled
substances and cannabis for evidence and in the employment of
persons to obtain evidence.
Such sums to be expended shall be advanced to the officer
who is to make such purchase or employment from funds
appropriated or made available by law for the support or use of
the Illinois State Police Department on vouchers therefor
signed by the Director. The Director and such officers are
authorized to maintain one or more commercial checking accounts
with any State banking corporation or corporations organized
under or subject to the Illinois Banking Act for the deposit
and withdrawal of moneys to be used for the purchase of
evidence and for the employment of persons to obtain evidence;
provided that no check may be written on nor any withdrawal
made from any such account except on the written signatures of
2 persons designated by the Director to write such checks and
make such withdrawals.
(b) The Director is authorized to maintain one or more
commercial bank accounts with any State banking corporation or

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corporations organized under or subject to the Illinois Banking
Act, as now or hereafter amended, for the deposit or withdrawal
of (i) moneys forfeited to the Illinois State Police
Department, including the proceeds of the sale of forfeited
property, as provided in Section 2 of the State Officers and
Employees Money Disposition Act, as now or hereafter amended,
pending disbursement to participating agencies and deposit of
the Illinois State Police's Department's share as provided in
subsection (c), and (ii) all moneys being held as evidence by
the Illinois State Police Department, pending final court
disposition; provided that no check may be written on or any
withdrawal made from any such account except on the written
signatures of 2 persons designated by the Director to write
such checks and make such withdrawals.
(c) All moneys received by the Illinois State Police as
their share of forfeited funds (including the proceeds of the
sale of forfeited property) received pursuant to the Drug Asset
Forfeiture Procedure Act, the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, the Environmental
Protection Act, or any other Illinois law shall be deposited
into the State Asset Forfeiture Fund, which is hereby created
as an interest-bearing special fund in the State treasury.
All moneys received by the Illinois State Police as their
share of forfeited funds (including the proceeds of the sale of
forfeited property) received pursuant to federal equitable

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sharing transfers shall be deposited into the Federal Asset
Forfeiture Fund, which is hereby created as an interest-bearing
special fund in the State treasury.
The moneys deposited into the State Asset Forfeiture Fund
and the Federal Asset Forfeiture Fund shall be appropriated to
the Illinois Department of State Police and may be used by the
Illinois State Police in accordance with law.
(Source: P.A. 94-556, eff. 9-11-05.)
(20 ILCS 2620/8) (from Ch. 127, par. 55k)
Sec. 8. The Attorney General, upon the request of the
Illinois State Police Department, shall prosecute any
violation of this Act, and of the Illinois Controlled
Substances Act, the Cannabis Control Act, and the
Methamphetamine Control and Community Protection Act.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 215. The Volunteer Firefighting Rescue Unit Use Act
is amended by changing the title of the Act and Sections 1, 2,
3, and 4 as follows:
(20 ILCS 2625/Act title)
An Act relating to the use of rescue units of volunteer
fire fighting organizations by the Illinois Department of State
Police and making an appropriation therefor.

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(20 ILCS 2625/1) (from Ch. 127, par. 289)
Sec. 1. As used in this Act, unless the context otherwise
requires, the following terms have the following meanings:
Department means the Department of State Police;
Rescue unit means a unit of an unpaid volunteer fire
fighting organization which is specially trained for emergency
rescue work such as resuscitation of heart attack, drowning,
suffocation or epilepsy victims, recovery of bodies of drowning
victims and similar activities;
District means a geographical area designated by the
Illinois State Police Department for administration of laws by
the Division of Fire Prevention of the Illinois State Police
Department.
(Source: P.A. 84-25.)
(20 ILCS 2625/2) (from Ch. 127, par. 290)
Sec. 2. The Illinois State Police Department may request
the cooperation and use of facilities of any rescue unit to aid
it when engaged in any activity designed to save human life or
to recover the body of a victim. Such a request shall be
directed to a rescue unit or units located within the district
where the rescue work is to be performed. If there is no rescue
unit located within the district or if there are not sufficient
rescue units therein to perform the required work, requests may
be directed to rescue units located in other districts.
(Source: Laws 1953, p. 178.)

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(20 ILCS 2625/3) (from Ch. 127, par. 291)
Sec. 3. When the Illinois State Police Department requests
the services of a rescue unit it shall pay the personnel of
such unit for time actually spent in rescue work at the rate of
$2.50 per hour.
(Source: Laws 1953, p. 178.)
(20 ILCS 2625/4) (from Ch. 127, par. 292)
Sec. 4. If any equipment of a volunteer fire fighting
organization is lost or damaged while its rescue unit is
engaged in rescue work at the request of the Illinois State
Police Department, it shall be reimbursed by the State of
Illinois. A claim for such reimbursement may be filed with the
Court of Claims.
(Source: Laws 1953, p. 178.)
Section 220. The Criminal Identification Act is amended by
changing Sections 1, 2, 2.1, 2.2, 3, 3.1, 3.3, 4, 4.5, 5, 5.2,
7, 7.5, 8, 9, 9.5, 10, 13, and 14 as follows:
(20 ILCS 2630/1) (from Ch. 38, par. 206-1)
Sec. 1. The Illinois Department of State Police hereinafter
referred to as the "Department", is hereby empowered to cope
with the task of criminal identification and investigation.
The Director of the Illinois Department of State Police

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shall, from time to time, appoint such employees or assistants
as may be necessary to carry out this work. Employees or
assistants so appointed shall receive salaries subject to the
standard pay plan provided for in the "Personnel Code",
approved July 18, 1955, as amended.
(Source: P.A. 84-25.)
(20 ILCS 2630/2) (from Ch. 38, par. 206-2)
Sec. 2. The Illinois State Police Department shall procure
and file for record, as far as can be procured from any source,
photographs, all plates, outline pictures, measurements,
descriptions and information of all persons who have been
arrested on a charge of violation of a penal statute of this
State and such other information as is necessary and helpful to
plan programs of crime prevention, law enforcement and criminal
justice, and aid in the furtherance of those programs.
(Source: P.A. 76-444.)
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Illinois Department of State
Police, it is necessary for all policing bodies of this State,
the clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and State's Attorney
of each county to submit certain criminal arrest, charge, and
disposition information to the Illinois State Police

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Department for filing at the earliest time possible. Unless
otherwise noted herein, it shall be the duty of all policing
bodies of this State, the clerk of the circuit court, the
Illinois Department of Corrections, the sheriff of each county,
and the State's Attorney of each county to report such
information as provided in this Section, both in the form and
manner required by the Illinois State Police Department and
within 30 days of the criminal history event. Specifically:
(a) Arrest Information. All agencies making arrests
for offenses which are required by statute to be collected,
maintained or disseminated by the Illinois Department of
State Police shall be responsible for furnishing daily to
the Illinois State Police Department fingerprints, charges
and descriptions of all persons who are arrested for such
offenses. All such agencies shall also notify the Illinois
State Police Department of all decisions by the arresting
agency not to refer such arrests for prosecution. With
approval of the Illinois State Police Department, an agency
making such arrests may enter into arrangements with other
agencies for the purpose of furnishing daily such
fingerprints, charges and descriptions to the Illinois
State Police Department upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Illinois State Police Department of
all charges filed and all petitions filed alleging that a
minor is delinquent, including all those added subsequent

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to the filing of a case, and whether charges were not filed
in cases for which the Illinois State Police Department has
received information required to be reported pursuant to
paragraph (a) of this Section. With approval of the
Illinois State Police Department, the State's Attorney may
enter into arrangements with other agencies for the purpose
of furnishing the information required by this subsection
(b) to the Illinois State Police Department upon the
State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Illinois State
Police Department, in the form and manner required by the
Supreme Court, with all final dispositions of cases for
which the Illinois State Police Department has received
information required to be reported pursuant to paragraph
(a) or (d) of this Section. Such information shall include,
for each charge, all (1) judgments of not guilty, judgments
of guilty including the sentence pronounced by the court
with statutory citations to the relevant sentencing
provision, findings that a minor is delinquent and any
sentence made based on those findings, discharges and
dismissals in the court; (2) reviewing court orders filed
with the clerk of the circuit court which reverse or remand
a reported conviction or findings that a minor is
delinquent or that vacate or modify a sentence or sentence
made following a trial that a minor is delinquent; (3)

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continuances to a date certain in furtherance of an order
of supervision granted under Section 5-6-1 of the Unified
Code of Corrections or an order of probation granted under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use Disorder
Act, Section 10 of the Steroid Control Act, or Section
5-615 of the Juvenile Court Act of 1987; and (4) judgments
or court orders terminating or revoking a sentence to or
juvenile disposition of probation, supervision or
conditional discharge and any resentencing or new court
orders entered by a juvenile court relating to the
disposition of a minor's case involving delinquency after
such revocation.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences
a minor following a trial in which a minor was found to
be delinquent or issues an order of supervision or an
order of probation granted under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,

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Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal
Code of 2012, Section 10-102 of the Illinois Alcoholism
and Other Drug Dependency Act, Section 40-10 of the
Substance Use Disorder Act, Section 10 of the Steroid
Control Act, or Section 5-615 of the Juvenile Court Act
of 1987 for any offense which is required by statute to
be collected, maintained, or disseminated by the
Illinois Department of State Police, the State's
Attorney of each county shall ask the court to order a
law enforcement agency to fingerprint immediately all
persons appearing before the court who have not
previously been fingerprinted for the same case. The
court shall so order the requested fingerprinting, if
it determines that any such person has not previously
been fingerprinted for the same case. The law
enforcement agency shall submit such fingerprints to
the Illinois State Police Department daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of
delinquency for any offense which is not required by
statute to be collected, maintained, or disseminated
by the Illinois Department of State Police, the
prosecuting attorney may ask the court to order a law
enforcement agency to fingerprint immediately all
persons appearing before the court who have not

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previously been fingerprinted for the same case. The
court may so order the requested fingerprinting, if it
determines that any so sentenced person has not
previously been fingerprinted for the same case. The
law enforcement agency may retain such fingerprints in
its files.
(e) Corrections Information. The Illinois Department
of Corrections and the sheriff of each county shall furnish
the Illinois State Police Department with all information
concerning the receipt, escape, execution, death, release,
pardon, parole, commutation of sentence, granting of
executive clemency or discharge of an individual who has
been sentenced or committed to the agency's custody for any
offenses which are mandated by statute to be collected,
maintained or disseminated by the Illinois Department of
State Police. For an individual who has been charged with
any such offense and who escapes from custody or dies while
in custody, all information concerning the receipt and
escape or death, whichever is appropriate, shall also be so
furnished to the Illinois State Police Department.
(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19.)
(20 ILCS 2630/2.2)
Sec. 2.2. Notification to the Illinois State Police
Department. Upon judgment of conviction of a violation of
Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

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Criminal Code of 1961 or the Criminal Code of 2012 when the
defendant has been determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to be subject to the
prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk
shall include notification and a copy of the written
determination in a report of the conviction to the Illinois
Department of State Police Firearm Owner's Identification Card
Office to enable the office to perform its duties under
Sections 4 and 8 of the Firearm Owners Identification Card Act
and to report that determination to the Federal Bureau of
Investigation to assist the Bureau in identifying persons
prohibited from purchasing and possessing a firearm pursuant to
the provisions of 18 U.S.C. 922. The written determination
described in this Section shall be included in the defendant's
record of arrest and conviction in the manner and form
prescribed by the Illinois Department of State Police.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(20 ILCS 2630/3) (from Ch. 38, par. 206-3)
Sec. 3. Information to be furnished peace officers and
commanding officers of certain military installations in
Illinois.
(A) The Illinois State Police Department shall file or
cause to be filed all plates, photographs, outline pictures,
measurements, descriptions and information which shall be
received by it by virtue of its office and shall make a

SB3642 - 327 - LRB101 20589 WGH 70218 b
complete and systematic record and index of the same, providing
thereby a method of convenient reference and comparison. The
Illinois State Police Department shall furnish, upon
application, all information pertaining to the identification
of any person or persons, a plate, photograph, outline picture,
description, measurements, or any data of which there is a
record in its office. Such information shall be furnished to
peace officers of the United States, of other states or
territories, of the Insular possessions of the United States,
of foreign countries duly authorized to receive the same, to
all peace officers of the State of Illinois, to investigators
of the Illinois Law Enforcement Training Standards Board and,
conviction information only, to units of local government,
school districts, private organizations, and requesting
institutions as defined in Section 2605-345 of the Illinois
Department of State Police Law under the provisions of Section
2605-10, 2605-15, 2605-51, 2605-52, 2605-75, 2605-100,
2605-105, 2605-110, 2605-115, 2605-120, 2605-130, 2605-140,
2605-190, 2605-200, 2605-205, 2605-210, 2605-215, 2605-250,
2605-275, 2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
2605-340, 2605-345, 2605-350, 2605-355, 2605-360, 2605-365,
2605-375, 2605-390, 2605-400, 2605-405, 2605-420, 2605-430,
2605-435, 2605-500, 2605-525, or 2605-550 of the Illinois
Department of State Police Law (20 ILCS 2605/2605-10,
2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
2605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,

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2605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,
2605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
2605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,
2605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,
2605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,
2605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,
2605/2605-435, 2605/2605-500, 2605/2605-525, or
2605/2605-550). Applications shall be in writing and
accompanied by a certificate, signed by the peace officer or
chief administrative officer or his designee making such
application, to the effect that the information applied for is
necessary in the interest of and will be used solely in the due
administration of the criminal laws or for the purpose of
evaluating the qualifications and character of employees,
prospective employees, volunteers, or prospective volunteers
of units of local government, school districts, and private
organizations, or for the purpose of evaluating the character
of persons who may be granted or denied access to municipal
utility facilities under Section 11-117.1-1 of the Illinois
Municipal Code.
For the purposes of this subsection, "chief administrative
officer" is defined as follows:
a) The city manager of a city or, if a city does not
employ a city manager, the mayor of the city.
b) The manager of a village or, if a village does not
employ a manager, the president of the village.

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c) The chairman or president of a county board or, if a
county has adopted the county executive form of government,
the chief executive officer of the county.
d) The president of the school board of a school
district.
e) The supervisor of a township.
f) The official granted general administrative control
of a special district, an authority, or organization of
government establishment by law which may issue
obligations and which either may levy a property tax or may
expend funds of the district, authority, or organization
independently of any parent unit of government.
g) The executive officer granted general
administrative control of a private organization defined
in Section 2605-335 of the Illinois Department of State
Police Law (20 ILCS 2605/2605-335).
(B) Upon written application and payment of fees authorized
by this subsection, State agencies and units of local
government, not including school districts, are authorized to
submit fingerprints of employees, prospective employees and
license applicants to the Illinois State Police Department for
the purpose of obtaining conviction information maintained by
the Illinois State Police Department and the Federal Bureau of
Investigation about such persons. The Illinois State Police
Department shall submit such fingerprints to the Federal Bureau
of Investigation on behalf of such agencies and units of local

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government. The Illinois State Police Department shall charge
an application fee, based on actual costs, for the
dissemination of conviction information pursuant to this
subsection. The Illinois State Police Department is empowered
to establish this fee and shall prescribe the form and manner
for requesting and furnishing conviction information pursuant
to this subsection.
(C) Upon payment of fees authorized by this subsection, the
Illinois State Police Department shall furnish to the
commanding officer of a military installation in Illinois
having an arms storage facility, upon written request of such
commanding officer or his designee, and in the form and manner
prescribed by the Illinois State Police Department, all
criminal history record information pertaining to any
individual seeking access to such a storage facility, where
such information is sought pursuant to a federally-mandated
security or criminal history check.
The Illinois State Police Department shall establish and
charge a fee, not to exceed actual costs, for providing
information pursuant to this subsection.
(Source: P.A. 97-1120, eff. 1-1-13.)
(20 ILCS 2630/3.1) (from Ch. 38, par. 206-3.1)
Sec. 3.1. (a) The Illinois State Police Department may
furnish, pursuant to positive identification, records of
convictions to the Department of Professional Regulation for

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the purpose of meeting registration or licensure requirements
under the Private Detective, Private Alarm, Private Security,
Fingerprint Vendor, and Locksmith Act of 2004.
(b) The Illinois State Police Department may furnish,
pursuant to positive identification, records of convictions to
policing bodies of this State for the purpose of assisting
local liquor control commissioners in carrying out their duty
to refuse to issue licenses to persons specified in paragraphs
(4), (5) and (6) of Section 6-2 of the Liquor Control Act of
1934.
(c) The Illinois State Police Department shall charge an
application fee, based on actual costs, for the dissemination
of records pursuant to this Section. Fees received for the
dissemination of records pursuant to this Section shall be
deposited in the State Police Services Fund. The Illinois State
Police Department is empowered to establish this fee and to
prescribe the form and manner for requesting and furnishing
conviction information pursuant to this Section.
(d) Any dissemination of any information obtained pursuant
to this Section to any person not specifically authorized
hereby to receive or use it for the purpose for which it was
disseminated shall constitute a violation of Section 7.
(Source: P.A. 95-613, eff. 9-11-07.)
(20 ILCS 2630/3.3)
Sec. 3.3. Federal Rap Back Service.

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(a) In this Section:
"National criminal history record check" means a check of
criminal history records entailing the fingerprinting of the
person and submission of the fingerprints to the United States
Federal Bureau of Investigation for the purpose of obtaining
the national criminal history record of the person from the
Federal Bureau of Investigation.
"Rap Back Service" means the system that enables an
authorized agency or entity to receive ongoing status
notifications of any criminal history from the Illinois
Department of State Police or the Federal Bureau of
Investigation reported on a person whose fingerprints are
registered in the system, after approval and implementation of
the system.
(b) Agencies and entities in this State authorized by law
to conduct or obtain national criminal history background
checks for persons shall be eligible to participate in the
Federal Rap Back Service administered by the Illinois
Department of State Police. The Illinois Department of State
Police may submit fingerprints to the Federal Bureau of
Investigation Rap Back Service to be retained in the Federal
Bureau of Investigation Rap Back Service for the purpose of
being searched by future submissions to the Federal Bureau of
Investigation Rap Back Service, including latent fingerprint
searches and to collect all Federal Rap Back Service fees from
eligible agencies and entities wishing to participate in the

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Rap Back Service and remit those fees to the Federal Bureau of
Investigation.
(c) The Illinois Department of State Police may adopt any
rules necessary for implementation of this Section.
(Source: P.A. 100-718, eff. 1-1-19.)
(20 ILCS 2630/4) (from Ch. 38, par. 206-4)
Sec. 4. The Illinois State Police Department may use the
following systems of identification: the Bertillon system, the
fingerprint finger print system, and any system of measurement
or identification that may be adopted by law or rule in the
various penal institutions or bureaus of identification
wherever located.
The Illinois State Police Department shall make a record
consisting of duplicates of all measurements, processes,
operations, signaletic signalletic cards, plates, photographs,
outline pictures, measurements, descriptions of and data
relating to all persons confined in penal institutions wherever
located, so far as the same are obtainable, in accordance with
whatever system or systems may be found most efficient and
practical.
(Source: P.A. 98-756, eff. 7-16-14.)
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports. All policing bodies of this State
shall furnish to the Illinois State Police Department, daily,

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in the form and detail the Illinois State Police Department
requires, fingerprints, descriptions, and ethnic and racial
background data as provided in Section 4.5 of this Act of all
persons who are arrested on charges of violating any penal
statute of this State for offenses that are classified as
felonies and Class A or B misdemeanors and of all minors of the
age of 10 and over who have been arrested for an offense which
would be a felony if committed by an adult, and may forward
such fingerprints and descriptions for minors arrested for
Class A or B misdemeanors. Moving or nonmoving traffic
violations under the Illinois Vehicle Code shall not be
reported except for violations of Chapter 4, Section 11-204.1,
or Section 11-501 of that Code. In addition, conservation
offenses, as defined in the Supreme Court Rule 501(c), that are
classified as Class B misdemeanors shall not be reported. Those
law enforcement records maintained by the Illinois State Police
Department for minors arrested for an offense prior to their
17th birthday, or minors arrested for a non-felony offense, if
committed by an adult, prior to their 18th birthday, shall not
be forwarded to the Federal Bureau of Investigation unless
those records relate to an arrest in which a minor was charged
as an adult under any of the transfer provisions of the
Juvenile Court Act of 1987.
(Source: P.A. 98-528, eff. 1-1-15.)
(20 ILCS 2630/5.2)

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Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the Unified Code of Corrections,
730 ILCS 5/5-1-2 through 5/5-1-22:
(i) Business Offense (730 ILCS 5/5-1-2),
(ii) Charge (730 ILCS 5/5-1-3),
(iii) Court (730 ILCS 5/5-1-6),
(iv) Defendant (730 ILCS 5/5-1-7),
(v) Felony (730 ILCS 5/5-1-9),
(vi) Imprisonment (730 ILCS 5/5-1-10),
(vii) Judgment (730 ILCS 5/5-1-12),
(viii) Misdemeanor (730 ILCS 5/5-1-14),
(ix) Offense (730 ILCS 5/5-1-15),
(x) Parole (730 ILCS 5/5-1-16),
(xi) Petty Offense (730 ILCS 5/5-1-17),
(xii) Probation (730 ILCS 5/5-1-18),
(xiii) Sentence (730 ILCS 5/5-1-19),
(xiv) Supervision (730 ILCS 5/5-1-21), and
(xv) Victim (730 ILCS 5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by 730 ILCS
5/5-1-3) brought against a defendant where the

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defendant is not arrested prior to or as a direct
result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered by
a legally constituted jury or by a court of competent
jurisdiction authorized to try the case without a jury.
An order of supervision successfully completed by the
petitioner is not a conviction. An order of qualified
probation (as defined in subsection (a)(1)(J))
successfully completed by the petitioner is not a
conviction. An order of supervision or an order of
qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official

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index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively considered
the "last sentence" regardless of whether they were
ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act

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concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner was
charged or for which the petitioner was arrested and
released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief under
this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10

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of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit court
clerk under Section 16 of the Clerks of Courts Act, but
any index issued by the circuit court clerk before the
entry of the order to seal shall not be affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this

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Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the law
enforcement agency issuing the citation. Commencing 180
days after July 29, 2016 (the effective date of Public Act
99-697), the clerk of the circuit court shall expunge, upon
order of the court, or in the absence of a court order on
or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of

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Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the offender
has no other conviction for violating Section 11-501 or
11-503 of the Illinois Vehicle Code or a similar
provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released

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without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance, except
Section 11-14 and a misdemeanor violation of
Section 11-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of 2012,
or Section 125 of the Stalking No Contact Order
Act, or Section 219 of the Civil No Contact Order
Act, or a similar provision of a local ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.

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(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is

SB3642 - 344 - LRB101 20589 WGH 70218 b
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or a
similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision of
a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the

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petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police Department for persons arrested prior to their 17th
birthday shall be expunged as provided in Section 5-915 of
the Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and

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all official records of the arresting authority, the
Illinois State Police Department, other criminal justice
agencies, the prosecutor, and the trial court concerning
such arrest, if any, by removing his or her name from all
such records in connection with the arrest and conviction,
if any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index issued
by the circuit court clerk before the entry of the order.
Nothing in this Section shall limit the Illinois Department
of State Police or other criminal justice agencies or
prosecutors from listing under an offender's name the false
names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to

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seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois Department of State Police concerning the
offense shall not be sealed. The court, upon good cause
shown, shall make the records of the circuit court clerk in
connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear
and convincing evidence that the petitioner was factually
innocent of the charge, the court that finds the petitioner
factually innocent of the charge shall enter an expungement
order for the conviction for which the petitioner has been
determined to be innocent as provided in subsection (b) of
Section 5-5-4 of the Unified Code of Corrections.
(7) Nothing in this Section shall prevent the Illinois
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act, Section
410 of the Illinois Controlled Substances Act, Section 70
of the Methamphetamine Control and Community Protection
Act, Section 5-6-3.3 or 5-6-3.4 of the Unified Code of
Corrections, Section 12-4.3 or subdivision (b)(1) of
Section 12-3.05 of the Criminal Code of 1961 or the

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Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate of
innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and of
minors prosecuted as adults. Subsection (g) of this Section
provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);

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(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at any
time.

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(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level Test

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of General Educational Development, during the period
of his or her sentence or mandatory supervised release.
This subparagraph shall apply only to a petitioner who
has not completed the same educational goal prior to
the period of his or her sentence or mandatory
supervised release. If a petition for sealing eligible
records filed under this subparagraph is denied by the
court, the time periods under subparagraph (B) or (C)
shall apply to any subsequent petition for sealing
filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent felony
offense, order the unsealing of prior felony conviction
records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for the
sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):

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(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January 1,
2021.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of

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birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph (10)
of subsection (a) of Section 3-3-2 of the Unified Code of
Corrections, the certificate shall be attached to the
petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or

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(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on the
State's Attorney or prosecutor charged with the duty of
prosecuting the offense, the Illinois Department of State
Police, the arresting agency and the chief legal officer of
the unit of local government effecting the arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the basis
of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge

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at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois Department of State Police, the arresting
agency, or the chief legal officer files an objection
to the petition to expunge or seal within 60 days from
the date of service of the petition, the court shall
enter an order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit of
local government, including, but not limited to, any
cost, assessment, fine, or fee. An outstanding legal
financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.

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(7) Hearings. If an objection is filed, the court shall
set a date for a hearing and notify the petitioner and all
parties entitled to notice of the petition of the hearing
date at least 30 days prior to the hearing. Prior to the
hearing, the State's Attorney shall consult with the
Illinois State Police Department as to the appropriateness
of the relief sought in the petition to expunge or seal. At
the hearing, the court shall hear evidence on whether the
petition should or should not be granted, and shall grant
or deny the petition to expunge or seal the records based
on the evidence presented at the hearing. The court may
consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is denied.
(8) Service of order. After entering an order to
expunge or seal records, the court must provide copies of
the order to the Illinois State Police Department, in a

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form and manner prescribed by the Illinois State Police
Department, to the petitioner, to the State's Attorney or
prosecutor charged with the duty of prosecuting the
offense, to the arresting agency, to the chief legal
officer of the unit of local government effecting the
arrest, and to such other criminal justice agencies as may
be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police Department, and any
other agency as ordered by the court, within 60
days of the date of service of the order, unless a
motion to vacate, modify, or reconsider the order
is filed pursuant to paragraph (12) of subsection
(d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;

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and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police
Department, or the agency receiving such inquiry,
shall reply as it does in response to inquiries
when no records ever existed.
(B) Upon entry of an order to expunge records
pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police Department within 60 days of
the date of service of the order as ordered by the

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court, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police Department may be disseminated by the
Illinois State Police Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police
Department, or the agency receiving such inquiry
shall reply as it does in response to inquiries
when no records ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of

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subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the court
upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police Department within 60 days of
the date of service of the order as ordered by the
court, unless a motion to vacate, modify, or
reconsider the order is filed under paragraph (12)
of subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police Department may be disseminated by the
Illinois State Police Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for the
same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these records
from anyone not authorized by law to access the

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records, the court, the Illinois State Police
Department, or the agency receiving the inquiry
shall reply as it does in response to inquiries
when no records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police
Department, and the court shall seal the records (as
defined in subsection (a)(1)(K)). In response to an
inquiry for such records, from anyone not authorized by
law to access such records, the court, the Illinois
State Police Department, or the agency receiving such
inquiry shall reply as it does in response to inquiries
when no records ever existed.
(D) The Illinois State Police Department shall
send written notice to the petitioner of its compliance
with each order to expunge or seal records within 60
days of the date of service of that order or, if a
motion to vacate, modify, or reconsider is filed,
within 60 days of service of the order resolving the
motion, if that order requires the Illinois State
Police Department to expunge or seal records. In the
event of an appeal from the circuit court order, the
Illinois State Police Department shall send written
notice to the petitioner of its compliance with an
Appellate Court or Supreme Court judgment to expunge or

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seal records within 60 days of the issuance of the
court's mandate. The notice is not required while any
motion to vacate, modify, or reconsider, or any appeal
or petition for discretionary appellate review, is
pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police Department may

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charge the petitioner a fee equivalent to the cost of
processing any order to expunge or seal records.
Notwithstanding any provision of the Clerks of Courts Act
to the contrary, the circuit court clerk may charge a fee
equivalent to the cost associated with the sealing or
expungement of records by the circuit court clerk. From the
total filing fee collected for the petition to seal or
expunge, the circuit court clerk shall deposit $10 into the
Circuit Court Clerk Operation and Administrative Fund, to
be used to offset the costs incurred by the circuit court
clerk in performing the additional duties required to serve
the petition to seal or expunge on all parties. The circuit
court clerk shall collect and forward the Illinois
Department of State Police portion of the fee to the
Illinois State Police Department and it shall be deposited
in the State Police Services Fund. If the record brought
under an expungement petition was previously sealed under
this Section, the fee for the expungement petition for that
same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the

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petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this Section
shall not be considered void because it fails to comply
with the provisions of this Section or because of any error
asserted in a motion to vacate, modify, or reconsider. The
circuit court retains jurisdiction to determine whether
the order is voidable and to vacate, modify, or reconsider
its terms based on a motion filed under paragraph (12) of
this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to notice
of the petition must fully comply with the terms of the
order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is

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appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records until
there is a final order on the motion for relief or, in the
case of an appeal, the issuance of that court's mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5, 2013
(the effective date of Public Act 98-163) and to all orders
ruling on a petition to expunge or seal on or after August
5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
Department be sealed until further order of the court upon good

SB3642 - 366 - LRB101 20589 WGH 70218 b
cause shown or as otherwise provided herein, and the name of
the defendant obliterated from the official index requested to
be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and
conviction for the offense for which he or she had been
pardoned but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All records
sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police Department only to
the arresting authority, the State's Attorney, and the court
upon a later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Illinois State Police Department pertaining to that
individual. Upon entry of the order of expungement, the circuit
court clerk shall promptly mail a copy of the order to the
person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order

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entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police Department be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the petitioner
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he or she had been granted the certificate
but the order shall not affect any index issued by the circuit
court clerk before the entry of the order. All records sealed
by the Illinois State Police Department may be disseminated by
the Illinois State Police Department only as required by this
Act or to the arresting authority, a law enforcement agency,
the State's Attorney, and the court upon a later arrest for the
same or similar offense or for the purpose of sentencing for
any subsequent felony. Upon conviction for any subsequent
offense, the Department of Corrections shall have access to all
sealed records of the Illinois State Police Department
pertaining to that individual. Upon entry of the order of
sealing, the circuit court clerk shall promptly mail a copy of
the order to the person who was granted the certificate of
eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for expungement
by the Prisoner Review Board which specifically authorizes

SB3642 - 368 - LRB101 20589 WGH 70218 b
expungement, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
Department be sealed until further order of the court upon good
cause shown or as otherwise provided herein, and the name of
the petitioner obliterated from the official index requested to
be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and
conviction for the offense for which he or she had been granted
the certificate but the order shall not affect any index issued
by the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all expunged records of the Illinois State
Police Department pertaining to that individual. Upon entry of
the order of expungement, the circuit court clerk shall

SB3642 - 369 - LRB101 20589 WGH 70218 b
promptly mail a copy of the order to the person who was granted
the certificate of eligibility for expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of the
Illinois Department of Corrections, records of the Illinois
Department of Employment Security shall be utilized as
appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any rights
to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same

SB3642 - 370 - LRB101 20589 WGH 70218 b
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately Sealed.
Eligible records under paragraph (2) of this subsection (g)
may be sealed immediately after entry of the final
disposition of a case, notwithstanding the disposition of
other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective date
of Public Act 100-282). The immediate sealing petition
may be filed with the circuit court clerk during the
hearing in which the final disposition of the case is
entered. If the defendant's attorney does not file the
petition for immediate sealing during the hearing, the

SB3642 - 371 - LRB101 20589 WGH 70218 b
defendant may file a petition for sealing at any time
as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be required
to attach proof that he or she has passed a drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge shall
enter an order granting or denying the petition for
immediate sealing during the hearing in which it is
filed. Petitions for immediate sealing shall be ruled
on in the same hearing in which the final disposition
of the case is entered.
(F) Hearings. The court shall hear the petition for
immediate sealing on the same day and during the same
hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with

SB3642 - 372 - LRB101 20589 WGH 70218 b
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois Department of State Police shall
comply with paragraph (1) of subsection (d) of this
Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois
Department of State Police may file a motion to vacate,
modify, or reconsider the order denying the petition to
immediately seal within 60 days of service of the
order. If filed more than 60 days after service of the
order, a petition to vacate, modify, or reconsider
shall comply with subsection (c) of Section 2-1401 of
the Code of Civil Procedure.
(L) Effect of Order. An order granting an immediate
sealing petition shall not be considered void because
it fails to comply with the provisions of this Section

SB3642 - 373 - LRB101 20589 WGH 70218 b
or because of an error asserted in a motion to vacate,
modify, or reconsider. The circuit court retains
jurisdiction to determine whether the order is
voidable, and to vacate, modify, or reconsider its
terms based on a motion filed under subparagraph (L) of
this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing of
his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human trafficking
under Section 10-9 of the Criminal Code of 2012 or a severe
form of trafficking under the federal Trafficking Victims
Protection Act.
(2) A petitioner under this subsection (h), in addition
to the requirements provided under paragraph (4) of
subsection (d) of this Section, shall include in his or her
petition a clear and concise statement that: (A) he or she

SB3642 - 374 - LRB101 20589 WGH 70218 b
was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled to
immediate sealing under this subsection (h). A petitioner
is eligible for immediate relief under this subsection (h)
if he or she shows, by a preponderance of the evidence,
that: (A) he or she was a victim of human trafficking at
the time of the offense; and (B) that his or her
participation in the offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of 2012
or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois Department of State Police and all
law enforcement agencies within the State shall
automatically expunge all criminal history records of

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an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25, 2019
(the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the date
of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019 (the
effective date of Public Act 101-27), but on or
after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000

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shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records, the
law enforcement agency receiving such inquiry shall
reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Illinois Department of State
Police shall review all criminal history record
information and identify all records that meet all of
the following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement

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under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for a
violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Illinois
Department of State Police shall notify the Prisoner
Review Board of all such records that meet the criteria
established in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by the Illinois State
Police in paragraph (2)(A) that is classified as a
Class 4 felony. The State's Attorney may provide a
written objection to the Prisoner Review Board on
the sole basis that the record identified does not
meet the criteria established in paragraph (2)(A).
Such an objection must be filed within 60 days or
by such later date set by Prisoner Review Board in
the notice after the State's Attorney received
notice from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to

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evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Illinois Department of State
Police as described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with the
Chief Judge of the circuit or any judge of the circuit
designated by the Chief Judge where the individual had
been convicted. Such petition may include more than one
individual. Whenever an individual who has been
convicted of an offense is granted a pardon by the
Governor that specifically authorizes expungement, an
objection to the petition may not be filed. Petitions
to expunge under this subsection (i) may include more
than one individual. Within 90 days of the filing of
such a petition, the court shall enter an order
expunging the records of arrest from the official
records of the arresting authority and order that the
records of the circuit court clerk and the Illinois
Department of State Police be expunged and the name of

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the defendant obliterated from the official index
requested to be kept by the circuit court clerk under
Section 16 of the Clerks of Courts Act in connection
with the arrest and conviction for the offense for
which the individual had received a pardon but the
order shall not affect any index issued by the circuit
court clerk before the entry of the order. Upon entry
of the order of expungement, the circuit court clerk
shall promptly provide a copy of the order and a
certificate of disposition to the individual who was
pardoned to the individual's last known address or by
electronic means (if available) or otherwise make it
available to the individual upon request.
(D) Nothing in this Section is intended to diminish
or abrogate any rights or remedies otherwise available
to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis Control
Act. Motions to vacate and expunge under this subsection
(i) may be filed with the circuit court, Chief Judge of a
judicial circuit or any judge of the circuit designated by
the Chief Judge. The circuit court clerk shall promptly
serve a copy of the motion to vacate and expunge, and any
supporting documentation, on the State's Attorney or
prosecutor charged with the duty of prosecuting the

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offense. When considering such a motion to vacate and
expunge, a court shall consider the following: the reasons
to retain the records provided by law enforcement, the
petitioner's age, the petitioner's age at the time of
offense, the time since the conviction, and the specific
adverse consequences if denied. An individual may file such
a petition after the completion of any non-financial
sentence or non-financial condition imposed by the
conviction. Within 60 days of the filing of such motion, a
State's Attorney may file an objection to such a petition
along with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraphs (d)(8) and (d)(9)(A) of this
Section. An agency providing civil legal aid, as defined by
Section 15 of the Public Interest Attorney Assistance Act,
assisting individuals seeking to file a motion to vacate
and expunge under this subsection may file motions to
vacate and expunge with the Chief Judge of a judicial
circuit or any judge of the circuit designated by the Chief
Judge, and the motion may include more than one individual.
Motions filed by an agency providing civil legal aid
concerning more than one individual may be prepared,
presented, and signed electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis

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Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall consider
the following: the reasons to retain the records provided
by law enforcement, the individual's age, the individual's
age at the time of offense, the time since the conviction,
and the specific adverse consequences if denied. Upon entry
of an order granting a motion to vacate and expunge records
pursuant to this Section, the State's Attorney shall notify
the Prisoner Review Board within 30 days. Upon entry of the
order of expungement, the circuit court clerk shall
promptly provide a copy of the order and a certificate of
disposition to the individual whose records will be
expunged to the individual's last known address or by
electronic means (if available) or otherwise make
available to the individual upon request. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge

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pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of his
or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible for
expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since the
conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this

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subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois Department of State Police shall allow
a person to use the access and review process, established
in the Illinois State Police Department of State Police,
for verifying that his or her records relating to Minor
Cannabis Offenses of the Cannabis Control Act eligible
under this Section have been expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(11) Information. The Illinois Department of State
Police shall post general information on its website about
the expungement process described in this subsection (i).
(Source: P.A. 100-201, eff. 8-18-17; 100-282, eff. 1-1-18;
100-284, eff. 8-24-17; 100-287, eff. 8-24-17; 100-692, eff.
8-3-18; 100-759, eff. 1-1-19; 100-776, eff. 8-10-18; 100-863,
eff. 8-14-18; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19.)

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(20 ILCS 2630/7) (from Ch. 38, par. 206-7)
Sec. 7. No file or record of the Illinois State Police
Department hereby created shall be made public, except as
provided in the "Illinois Uniform Conviction Information Act"
or other Illinois law or as may be necessary in the
identification of persons suspected or accused of crime and in
their trial for offenses committed after having been imprisoned
for a prior offense; and no information of any character
relating to its records shall be given or furnished by the
Illinois State Police said Department to any person, bureau or
institution other than as provided in this Act or other State
law, or when a governmental unit is required by state or
federal law to consider such information in the performance of
its duties. Violation of this Section shall constitute a Class
A misdemeanor.
However, if an individual requests the Illinois State
Police Department to release information as to the existence or
nonexistence of any criminal record he might have, the Illinois
State Police Department shall do so upon determining that the
person for whom the record is to be released is actually the
person making the request. The Illinois State Police Department
shall establish reasonable fees and rules to allow an
individual to review and correct any criminal history record
information the Illinois State Police Department may hold
concerning that individual upon verification of the identity of
the individual. Such rulemaking is subject to the provisions of

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the Illinois Administrative Procedure Act.
(Source: P.A. 85-922.)
(20 ILCS 2630/7.5)
Sec. 7.5. Notification of outstanding warrant. If the
existence of an outstanding arrest warrant is identified by the
Illinois Department of State Police in connection with the
criminal history background checks conducted pursuant to
subsection (b) of Section 2-201.5 of the Nursing Home Care Act,
Section 2-201.5 of the ID/DD Community Care Act, Section
2-201.5 of the MC/DD Act, or subsection (d) of Section 6.09 of
the Hospital Licensing Act, the Illinois State Police
Department shall notify the jurisdiction issuing the warrant of
the following:
(1) Existence of the warrant.
(2) The name, address, and telephone number of the
licensed long term care facility in which the wanted person
resides.
Local issuing jurisdictions shall be aware that nursing
facilities have residents who may be fragile or vulnerable or
who may have a mental illness. When serving a warrant, law
enforcement shall make every attempt to mitigate the adverse
impact on other facility residents.
(Source: P.A. 99-180, eff. 7-29-15.)
(20 ILCS 2630/8) (from Ch. 38, par. 206-8)

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Sec. 8. Crime statistics; sex offenders.
(a) The Illinois State Police Department shall be a central
repository and custodian of crime statistics for the State and
it shall have all power incident thereto to carry out the
purposes of this Act, including the power to demand and receive
cooperation in the submission of crime statistics from all
units of government. On an annual basis, the Illinois Criminal
Justice Information Authority shall make available
compilations published by the Authority of crime statistics
required to be reported by each policing body of the State, the
clerks of the circuit court of each county, the Illinois
Department of Corrections, the Sheriff of each county, and the
State's Attorney of each county, including, but not limited to,
criminal arrest, charge and disposition information.
(b) The Illinois State Police Department shall develop
information relating to the number of sex offenders and sexual
predators as defined in Section 2 of the Sex Offender
Registration Act who are placed on parole, mandatory supervised
release, or extended mandatory supervised release and who are
subject to electronic monitoring.
(Source: P.A. 94-988, eff. 1-1-07.)
(20 ILCS 2630/9) (from Ch. 38, par. 206-9)
Sec. 9. (a) Every county medical examiner and coroner
shall, in every death investigation where the identity of a
dead body cannot be determined by visual means, fingerprints,

SB3642 - 387 - LRB101 20589 WGH 70218 b
or other identifying data, have a qualified dentist, as
determined by the county medical examiner or coroner, conduct a
dental examination of the dead body. If the county medical
examiner or coroner, with the aid of the dental examination and
other identifiers, is still unable to establish the identity of
the dead body, the medical examiner or coroner shall forthwith
submit the dental records to the Illinois State Police
Department.
(b) If a person reported missing has not been found within
30 days, the law enforcement agency to whom the person was
reported missing shall, within the next 5 days, make all
necessary efforts to locate and request from the family or next
of kin of the missing person written consent to contact and
receive from the dentist of the missing person that person's
dental records and shall forthwith make every reasonable effort
to acquire such records. Within 5 days of the receipt of the
missing person's dental records, the law enforcement agency
shall submit such records to the Illinois State Police
Department.
(c) The Illinois State Police Department shall be the State
central repository for all dental records submitted pursuant to
this Section. The Illinois State Police Department may
promulgate rules for the form and manner of submission of
dental records, reporting of the location or identification of
persons for whom dental records have been submitted and other
procedures for program operations.

SB3642 - 388 - LRB101 20589 WGH 70218 b
(d) When a person who has been reported missing is located
and that person's dental records have been submitted to the
Illinois State Police Department, the law enforcement agency
which submitted that person's dental records to the Illinois
State Police Department shall report that fact to the Illinois
State Police Department and the Illinois State Police
Department shall expunge the dental records of that person from
the Illinois State Police's Department's file. The Illinois
State Police Department shall also expunge from its files the
dental records of those dead and missing persons who are
positively identified as a result of comparisons made with its
files, the files maintained by other states, territories,
insular possessions of the United States, or the United States.
(Source: P.A. 84-255.)
(20 ILCS 2630/9.5)
Sec. 9.5. Material for DNA fingerprint analysis. Every
county medical examiner and coroner shall provide to the
Illinois State Police Department a sample of dried blood and
buccal specimens (tissue may be submitted if no uncontaminated
blood or buccal specimens can be obtained) from a dead body for
DNA fingerprint analysis if the Illinois State Police
Department notifies the medical examiner or coroner that the
Illinois State Police Department has determined that providing
that sample may be useful for law enforcement purposes in a
criminal investigation. In addition, if a local law enforcement

SB3642 - 389 - LRB101 20589 WGH 70218 b
agency notifies a county medical examiner or coroner that such
a sample would be useful in a criminal examination, the county
medical examiner or coroner shall provide a sample to the local
law enforcement agency for submission to the Illinois State
Police Department.
(Source: P.A. 95-500, eff. 1-1-08.)
(20 ILCS 2630/10) (from Ch. 38, par. 206-10)
Sec. 10. Judicial Remedies. The Attorney General or a
State's Attorney may bring suit in the circuit courts to
prevent and restrain violations of the Illinois Uniform
Conviction Information Act, enacted by the 85th General
Assembly and to enforce the reporting provisions of Section 2.1
of this Act. The Illinois Department of State Police may
request the Attorney General to bring any such action
authorized by this subsection.
(Source: P.A. 85-922.)
(20 ILCS 2630/13)
Sec. 13. Retention and release of sealed records.
(a) The Illinois Department of State Police shall retain
records sealed under subsection (c) or (e-5) of Section 5.2 or
impounded under subparagraph (B) or (B-5) of paragraph (9) of
subsection (d) of Section 5.2 and shall release them only as
authorized by this Act. Felony records sealed under subsection
(c) or (e-5) of Section 5.2 or impounded under subparagraph (B)

SB3642 - 390 - LRB101 20589 WGH 70218 b
or (B-5) of paragraph (9) of subsection (d) of Section 5.2
shall be used and disseminated by the Illinois State Police
Department only as otherwise specifically required or
authorized by a federal or State law, rule, or regulation that
requires inquiry into and release of criminal records,
including, but not limited to, subsection (A) of Section 3 of
this Act. However, all requests for records that have been
expunged, sealed, and impounded and the use of those records
are subject to the provisions of Section 2-103 of the Illinois
Human Rights Act. Upon conviction for any offense, the
Department of Corrections shall have access to all sealed
records of the Illinois State Police Department pertaining to
that individual.
(b) Notwithstanding the foregoing, all sealed or impounded
records are subject to inspection and use by the court and
inspection and use by law enforcement agencies and State's
Attorneys or other prosecutors in carrying out the duties of
their offices.
(c) The sealed or impounded records maintained under
subsection (a) are exempt from disclosure under the Freedom of
Information Act.
(d) The Illinois Department of State Police shall commence
the sealing of records of felony arrests and felony convictions
pursuant to the provisions of subsection (c) of Section 5.2 of
this Act no later than one year from the date that funds have
been made available for purposes of establishing the

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technologies necessary to implement the changes made by this
amendatory Act of the 93rd General Assembly.
(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;
98-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
(20 ILCS 2630/14)
Sec. 14. Expungement Backlog Accountability Law.
(a) On or before August 1 of each year, the Illinois
Department of State Police shall report to the Governor, the
Attorney General, the Office of the State Appellate Defender,
and both houses of the General Assembly the following
information for the previous fiscal year:
(1) the number of petitions to expunge received by the
Illinois State Police Department;
(2) the number of petitions to expunge to which the
Illinois State Police Department objected pursuant to
subdivision (d)(5)(B) of Section 5.2 of this Act;
(3) the number of petitions to seal records received by
the Illinois State Police Department;
(4) the number of petitions to seal records to which
the Illinois State Police Department objected pursuant to
subdivision (d)(5)(B) of Section 5.2 of this Act;
(5) the number of orders to expunge received by the
Illinois State Police Department;
(6) the number of orders to expunge to which the
Illinois State Police Department successfully filed a

SB3642 - 392 - LRB101 20589 WGH 70218 b
motion to vacate, modify or reconsider under paragraph (12)
of subsection (d) of Section 5.2 of this Act;
(7) the number of orders to expunge records entered by
the Illinois State Police Department;
(8) the number of orders to seal records received by
the Illinois State Police Department;
(9) the number of orders to seal records to which the
Illinois State Police Department successfully filed a
motion to vacate, modify or reconsider under paragraph (12)
of subsection (d) of Section 5.2 of this Act;
(10) the number of orders to seal records entered by
the Illinois State Police Department;
(11) the amount of fees received by the Illinois State
Police Department pursuant to subdivision (d)(10) of
Section 5.2 of this Act and deposited into the State Police
Services Fund;
(12) the number of orders to expunge or to seal records
received by the Illinois State Police Department that have
not been entered as of June 30 of the previous fiscal year.
(b) The information reported under this Section shall be
made available to the public, at the time it is reported, on
the official web site of the Illinois Department of State
Police.
(c) Upon request of a State's Attorney or the Attorney
General, the Illinois State Police Department shall provide
within 90 days a list of all orders to expunge or seal with

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which the Illinois State Police Department has not yet
complied. This list shall include the date of the order, the
name of the petitioner, the case number, and a detailed
statement of the basis for non-compliance.
(Source: P.A. 98-163, eff. 8-5-13.)
Section 225. The Illinois Uniform Conviction Information
Act is amended by changing the title of the Act and Sections 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, and 21
as follows:
(20 ILCS 2635/Act title)
An Act providing for uniform, public access to conviction
records maintained by the Illinois Department of State Police,
amending certain Acts in relation thereto.
(20 ILCS 2635/2) (from Ch. 38, par. 1602)
Sec. 2. Legislative Findings and Purposes. (A) The
legislature finds and hereby declares that conviction
information maintained by the Illinois Department of State
Police shall be publicly available in the State of Illinois.
(B) The purpose of this Act is: (1) to establish uniform
policy for gaining access to and disseminating conviction
information maintained by the State of Illinois; (2) to
establish guidelines and priorities which fully support
effective law enforcement and ongoing criminal investigations

SB3642 - 394 - LRB101 20589 WGH 70218 b
and which ensure that conviction information is made accessible
within appropriate time frames; (3) to ensure the accuracy and
completeness of conviction information in the State of
Illinois; and (4) to establish procedures for effectively
correcting errors and providing individuals with redress of
grievances in the event that inaccurate or incomplete
information may be disseminated about them.
(Source: P.A. 85-922.)
(20 ILCS 2635/3) (from Ch. 38, par. 1603)
Sec. 3. Definitions. Whenever used in this Act, and for the
purposes of this Act, unless the context clearly indicates
otherwise:
(A) "Accurate" means factually correct, containing no
mistake or error of a material nature.
(B) The phrase "administer the criminal laws" includes any
of the following activities: intelligence gathering,
surveillance, criminal investigation, crime detection and
prevention (including research), apprehension, detention,
pretrial or post-trial release, prosecution, the correctional
supervision or rehabilitation of accused persons or criminal
offenders, criminal identification activities, data analysis
and research done by the sentencing commission, or the
collection, maintenance or dissemination of criminal history
record information.
(C) "The Authority" means the Illinois Criminal Justice

SB3642 - 395 - LRB101 20589 WGH 70218 b
Information Authority.
(D) "Automated" means the utilization of computers,
telecommunication lines, or other automatic data processing
equipment for data collection or storage, analysis,
processing, preservation, maintenance, dissemination, or
display and is distinguished from a system in which such
activities are performed manually.
(E) "Complete" means accurately reflecting all the
criminal history record information about an individual that is
required to be reported to the Illinois State Police Department
pursuant to Section 2.1 of the Criminal Identification Act.
(F) "Conviction information" means data reflecting a
judgment of guilt or nolo contendere. The term includes all
prior and subsequent criminal history events directly relating
to such judgments, such as, but not limited to: (1) the
notation of arrest; (2) the notation of charges filed; (3) the
sentence imposed; (4) the fine imposed; and (5) all related
probation, parole, and release information. Information ceases
to be "conviction information" when a judgment of guilt is
reversed or vacated.
For purposes of this Act, continuances to a date certain in
furtherance of an order of supervision granted under Section
5-6-1 of the Unified Code of Corrections or an order of
probation granted under either Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and Community

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Protection Act, Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal Code of
2012, Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use Disorder
Act, or Section 10 of the Steroid Control Act shall not be
deemed "conviction information".
(G) "Criminal history record information" means data
identifiable to an individual, including information collected
under Section 4.5 of the Criminal Identification Act, and
consisting of descriptions or notations of arrests,
detentions, indictments, informations, pretrial proceedings,
trials, or other formal events in the criminal justice system
or descriptions or notations of criminal charges (including
criminal violations of local municipal ordinances) and the
nature of any disposition arising therefrom, including
sentencing, court or correctional supervision, rehabilitation
and release. The term does not apply to statistical records and
reports in which individuals are not identified and from which
their identities are not ascertainable, or to information that
is for criminal investigative or intelligence purposes.
(H) "Criminal justice agency" means (1) a government agency
or any subunit thereof which is authorized to administer the
criminal laws and which allocates a substantial part of its
annual budget for that purpose, or (2) an agency supported by
public funds which is authorized as its principal function to
administer the criminal laws and which is officially designated

SB3642 - 397 - LRB101 20589 WGH 70218 b
by the Illinois State Police Department as a criminal justice
agency for purposes of this Act.
(I) (Blank). "The Department" means the Illinois
Department of State Police.
(J) "Director" means the Director of the Illinois
Department of State Police.
(K) "Disseminate" means to disclose or transmit conviction
information in any form, oral, written, or otherwise.
(L) "Exigency" means pending danger or the threat of
pending danger to an individual or property.
(M) "Non-criminal justice agency" means a State agency,
Federal agency, or unit of local government that is not a
criminal justice agency. The term does not refer to private
individuals, corporations, or non-governmental agencies or
organizations.
(M-5) "Request" means the submission to the Illinois State
Police Department, in the form and manner required, the
necessary data elements or fingerprints, or both, to allow the
Illinois State Police Department to initiate a search of its
criminal history record information files.
(N) "Requester" means any private individual, corporation,
organization, employer, employment agency, labor organization,
or non-criminal justice agency that has made a request pursuant
to this Act to obtain conviction information maintained in the
files of the Illinois Department of State Police regarding a
particular individual.

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(O) "Statistical information" means data from which the
identity of an individual cannot be ascertained,
reconstructed, or verified and to which the identity of an
individual cannot be linked by the recipient of the
information.
(P) "Sentencing commission" means the Sentencing Policy
Advisory Council.
(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17;
100-759, eff. 1-1-19.)
(20 ILCS 2635/4) (from Ch. 38, par. 1604)
Sec. 4. Applicability.
(A) The provisions of this Act shall apply only to
conviction information mandated by statute to be reported to or
to be collected, maintained, or disseminated by the Illinois
Department of State Police.
(B) The provisions of this Act shall not apply to
statistical information.
(C) In the event of conflict between the application of
this Act and the statutes listed in paragraphs (1), (2), (3),
(4), or (5) below, the statutes listed below, as hereafter
amended, shall control unless specified otherwise:
(1) The Juvenile Court Act of 1987; or
(2) Section 5-3-4 of the Unified Code of Corrections;
or
(3) Paragraph (4) of Section 12 of the Probation and

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Probation Officers Act; or
(4) Section 2.1 of the Criminal Identification Act; or
(5) The Pretrial Services Act.
(Source: P.A. 89-198, eff. 7-21-95; 89-626, eff. 8-9-96.)
(20 ILCS 2635/5) (from Ch. 38, par. 1605)
Sec. 5. Public Availability of Conviction Information. All
conviction information mandated by statute to be collected and
maintained by the Illinois Department of State Police shall be
open to public inspection in the State of Illinois. All
persons, state agencies and units of local government shall
have access to inspect, examine and reproduce such information,
in accordance with this Act, and shall have the right to take
memoranda and abstracts concerning such information, except to
the extent that the provisions of this Act or other Illinois
statutes might create specific restrictions on the use or
disclosure of such information.
(Source: P.A. 85-922.)
(20 ILCS 2635/6) (from Ch. 38, par. 1606)
Sec. 6. Dissemination Time Frames and Priorities. (A) The
Illinois State Police's Department's duty and obligation to
furnish criminal history record information to peace officers
and criminal justice agencies shall take precedence over any
requirement of this Act to furnish conviction information to
non-criminal justice agencies or to the public. When, in the

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judgment of the Director, such duties and obligations are being
fulfilled in a timely manner, the Illinois State Police
Department shall furnish conviction information to requesters
in accordance with the provisions of this Act. The Illinois
State Police Department may give priority to requests for
conviction information from non-criminal justice agencies over
other requests submitted pursuant to this Act.
(B) The Illinois State Police Department shall attempt to
honor requests for conviction information made pursuant to this
Act in the shortest time possible. Subject to the dissemination
priorities of subsection (A) of this Section, the Illinois
State Police Department shall respond to a request for
conviction information within 2 weeks from receipt of a
request.
(Source: P.A. 85-922.)
(20 ILCS 2635/7) (from Ch. 38, par. 1607)
Sec. 7. Restrictions on the Use of Conviction Information.
(A) The following provisions shall apply to requests
submitted pursuant to this Act for employment or licensing
purposes or submitted to comply with the provisions of
subsection (B) of this Section:
(1) A requester shall, in the form and manner
prescribed by the Illinois State Police Department, submit
a request to the Illinois State Police Department, and
maintain on file for at least 2 years a release signed by

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the individual to whom the information request pertains.
The Illinois State Police Department shall furnish the
requester with a copy of its response.
(2) Each requester of conviction information furnished
by the Illinois State Police Department shall provide the
individual named in the request with a copy of the response
furnished by the Illinois State Police Department. Within 7
working days of receipt of such copy, the individual shall
have the obligation and responsibility to notify the
requester if the information is inaccurate or incomplete.
(3) Unless notified by the individual named in the
request or by the Illinois State Police Department that the
information furnished is inaccurate or incomplete, no
requester of conviction information shall be liable for
damages to any person to whom the information pertains for
actions the requester may reasonably take in reliance on
the accuracy and completeness of conviction information
received from the Illinois State Police Department
pursuant to this act, if: (a) the requester in good faith
believes the conviction information furnished by the
Illinois State Police Department to be accurate and
complete; (b) the requester has complied with the
requirements of paragraphs (1) and (2) of this subsection
(A); and (c) the identifying information submitted by the
requester to the Illinois State Police Department is
accurate with respect to the individual about whom the

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information was requested.
(4) Consistent with rules adopted by the Illinois State
Police Department pursuant to Section 7 of the Criminal
Identification Act "An Act in relation to criminal
identification and investigation", approved July 2, 1931,
as amended, the individual to whom the conviction
information pertains may initiate proceedings directly
with the Illinois State Police Department to challenge or
correct a record furnished by the Illinois State Police
Department pursuant to this subsection (A). Such
correction proceedings shall be given priority over other
individual record review and challenges filed with the
Illinois State Police Department.
(B) Regardless of the purpose of the request, no requester
of conviction information shall be liable for damages to any
person to whom the information pertains for actions the
requester may reasonably take in reliance on the accuracy and
completeness of conviction information received from the
Illinois State Police Department pursuant to this Act, if: (1)
the requester in good faith believes the conviction information
furnished by the Illinois State Police Department to be
accurate and complete; (2) the requester has complied with the
requirements of paragraphs (1) and (2) of subsection (A) of
this Section; and (3) the identifying information submitted by
the requester to the Illinois State Police Department is
accurate with respect to the individual about whom the

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information was requested.
(Source: P.A. 88-368.)
(20 ILCS 2635/8) (from Ch. 38, par. 1608)
Sec. 8. Form, Manner and Fees for Requesting and Obtaining
Conviction Information.
(A) The Illinois State Police Department shall prescribe
the form and manner for requesting and furnishing conviction
information pursuant to this Act. The Illinois State Police
Department shall prescribe the types of identifying
information that must be submitted to the Illinois State Police
Department in order to process any request for conviction
information and the form and manner for making such
application, consistent with this Act.
(B) The Illinois State Police Department shall establish
the maximum fee it shall charge and assess for processing
requests for conviction information, and the Authority shall
establish the maximum fee that other criminal justice agencies
shall charge and assess for processing requests for conviction
information pursuant to this Act. Such fees shall include the
general costs associated with performing a search for all
information about each person for which a request is received
including classification, search, retrieval, reproduction,
manual and automated data processing, telecommunications
services, supplies, mailing and those general costs associated
with the inquiries required by subsection (B) of Section 9 and

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Section 13 of this Act, and, when applicable, such fees shall
provide for the direct payment to or reimbursement of a
criminal justice agency for assisting the requester or the
Illinois State Police Department pursuant to this Act. In
establishing the fees required by this Section, the Illinois
State Police Department and the Authority may also take into
account the costs relating to multiple or automated requests
and disseminations and the costs relating to any other special
factors or circumstances required by statute or rule. The
maximum fees established by the Authority pursuant to this
Section may be waived or reduced at the discretion of a
criminal justice agency.
(Source: P.A. 94-365, eff. 7-29-05.)
(20 ILCS 2635/9) (from Ch. 38, par. 1609)
Sec. 9. Procedural Requirements for Disseminating
Conviction Information.
(A) In accordance with the time parameters of Section 6 and
the requirements of subsection (B) of this Section 9, the
Illinois State Police Department shall either: (1) transmit
conviction information to the requester, including an
explanation of any code or abbreviation; (2) explain to the
requester why the information requested cannot be transmitted;
or (3) inform the requester of any deficiency in the request.
(B) Prior to a non-automated dissemination or within 30
days subsequent to an automated dissemination made pursuant to

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this Act, the Illinois State Police Department shall first
conduct a formal update inquiry and review to make certain that
the information disseminated is complete, except (1) in cases
of exigency, (2) upon request of another criminal justice
agency, (3) for conviction information that is less than 30
days old, or (4) for information intentionally fabricated upon
the express written authorization of the Director of the
Illinois State Police to support undercover law enforcement
efforts.
It shall be the responsibility of the Illinois State Police
Department to retain a record of every extra-agency
dissemination of conviction information for a period of not
less than 3 years. Such records shall be subject to audit by
the Illinois State Police Department, and shall, upon request,
be supplied to the individual to whom the information pertains
for requests from members of the general public, corporations,
organizations, employers, employment agencies, labor
organizations and non-criminal justice agencies. At a minimum,
the following information shall be recorded and retained by the
Illinois State Police Department:
(1) The name of the individual to whom the disseminated
information pertains;
(2) The name of the individual requesting the
information;
(3) The date of the request;
(4) The name and address of the private individual,

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corporation, organization, employer, employment agency,
labor organization or non-criminal justice agency
receiving the information; and
(5) The date of the dissemination.
(Source: P.A. 91-357, eff. 7-29-99.)
(20 ILCS 2635/10) (from Ch. 38, par. 1610)
Sec. 10. Dissemination requests Based Upon Fingerprint
Identification. When fingerprint identification accompanies a
request for conviction information maintained by the Illinois
State Police Department, an appropriate statement shall be
issued by the Illinois State Police Department indicating that
the information furnished by the Illinois State Police
Department positively pertains to the individual whose
fingerprints were submitted and that the response contains all
the conviction information that has been reported to the
Illinois State Police Department pursuant to Section 2.1 of the
Criminal Identification Act "An Act in relation to criminal
identification and investigation", approved July 2, 1931, as
amended.
(Source: P.A. 85-922.)
(20 ILCS 2635/11) (from Ch. 38, par. 1611)
Sec. 11. Dissemination requests Not Based Upon Fingerprint
Identification. (A) When a requester is not legally mandated to
submit positive fingerprint identification to the Illinois

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State Police Department or when a requester is precluded from
submitting positive fingerprint identification to the Illinois
State Police Department due to exigency, an appropriate warning
shall be issued by the Illinois State Police Department
indicating that the information furnished cannot be identified
with certainty as pertaining to the individual named in the
request and may only be relied upon as being accurate and
complete if the requester has first complied with the
requirements of subsection (B) of Section 7.
(B) If the identifying information submitted by the
requester to the Illinois State Police Department corresponds
to more than one individual found in the files maintained by
the Illinois State Police Department, the Illinois State Police
Department shall not disclose the information to the requester,
unless it is determined by the Illinois State Police Department
that dissemination is still warranted due to exigency or to
administer the criminal laws. In such instances, the Illinois
State Police Department may require the requester to submit
additional identifying information or fingerprints in the form
and manner prescribed by the Illinois State Police Department.
(Source: P.A. 85-922.)
(20 ILCS 2635/12) (from Ch. 38, par. 1612)
Sec. 12. Error Notification and Correction Procedure. It is
the duty and responsibility of the Illinois State Police
Department to maintain accurate and complete criminal history

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record information and to correct or update such information
after determination by audit, individual review and challenge
procedures, or by other verifiable means, that it is incomplete
or inaccurate. Except as may be required for a longer period of
time by Illinois law, the Illinois State Police Department
shall notify a requester if a subsequent disposition of
conviction or a subsequent modification of conviction
information has been reported to the Illinois State Police
Department within 30 days of responding to the requester.
(Source: P.A. 85-922.)
(20 ILCS 2635/13) (from Ch. 38, par. 1613)
Sec. 13. Limitation on Further Dissemination. Unless
otherwise permitted by law or in the case of exigency, the
subsequent dissemination of conviction information furnished
by the Illinois State Police Department pursuant to this Act
shall only be permitted by a requester for the 30 day period
immediately following receipt of the information. Except as
permitted in this Section, any requester still wishing to
further disseminate or to rely on the accuracy and completeness
of conviction information more than 30 days from receipt of the
information from the Illinois State Police Department shall
initiate a new request to the Illinois State Police Department
for current information.
(Source: P.A. 88-368.)

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(20 ILCS 2635/14) (from Ch. 38, par. 1614)
Sec. 14. Judicial Remedies. (A) The Attorney General or a
State's Attorney may bring suit in the circuit courts to
prevent and restrain violations of this Act and to enforce the
reporting provisions of Section 2.1 of the Criminal
Identification Act "An Act in relation to criminal
identification and investigation", approved July 2, 1931, as
amended. The Illinois State Police Department may request the
Attorney General to bring any such action authorized by this
subsection.
(B) An individual aggrieved by a violation of this Act by a
State agency or unit of local government shall have the right
to pursue a civil action for damages or other appropriate legal
or equitable remedy, including an action to compel the Illinois
State Police Department to disclose or correct conviction
information in its files, once administrative remedies have
been exhausted.
(C) Any civil action for damages alleging the negligent
dissemination of inaccurate or incomplete conviction
information by a State agency or by a unit of local government
in violation of this Act may only be brought against the State
agency or unit of local government and shall not be brought
against any employee or official thereof.
(D) Civil remedies authorized by this Section may be
brought in any circuit court of the State of Illinois in the
county in which the violation occurs or in the county where the

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State agency or unit of local government is situated; except
all damage claims against the State of Illinois for violations
of this Act shall be determined by the Court of Claims.
(Source: P.A. 85-922.)
(20 ILCS 2635/15) (from Ch. 38, par. 1615)
Sec. 15. Civil Damages. (A) In any action brought pursuant
to this Act, an individual aggrieved by any violation of this
Act shall be entitled to recover actual and general
compensatory damages for each violation, together with costs
and attorney's fees reasonably incurred, consistent with
Section 16 of this Act. In addition, an individual aggrieved by
a willful violation of this Act shall be entitled to recover
$1,000. In addition, an individual aggrieved by a non-willful
violation of this Act for which there has been dissemination of
inaccurate or incomplete conviction information shall be
entitled to recover $200; provided, however, if conviction
information is determined to be incomplete or inaccurate, by
audit, by individual review and challenge procedures, or by
other verifiable means, then the individual aggrieved shall
only be entitled to recover such amount if the Illinois State
Police Department fails to correct the information within 30
days.
(B) For the purposes of this Act, the State of Illinois
shall be liable for damages as provided in this Section and for
attorney's fees and litigation costs as provided in Section 16

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of this Act. All damage claims against the State of Illinois or
any of its agencies for violations of this Act shall be
determined by the Court of Claims.
(C) For purposes of limiting the amount of civil damages
that may be assessed against the State of Illinois or a unit of
local government pursuant to this Section, a State agency, a
unit of local government, and the officials or employees of a
State agency or a unit of local government may in good faith
rely upon the assurance of another State agency or unit of
local government that conviction information is maintained or
disseminated in compliance with the provisions of this Act.
However, such reliance shall not constitute a defense with
respect to equitable or declaratory relief.
(D) For purposes of limiting the amount of damages that may
be assessed against the State of Illinois pursuant to this
Section, the Illinois State Police Department may in good faith
presume that the conviction information reported to it by a
clerk of the circuit court or a criminal justice agency is
accurate. However, such presumption shall not constitute a
defense with respect to equitable or declaratory relief.
(Source: P.A. 85-922.)
(20 ILCS 2635/17) (from Ch. 38, par. 1617)
Sec. 17. Administrative Sanctions. The Illinois State
Police Department shall refuse to comply with any request to
furnish conviction information maintained in its files, if the

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requester has not acted in accordance with the requirements of
this Act or rules and regulations issued pursuant thereto. The
requester may appeal such a refusal by the Illinois State
Police Department to the Director. Upon written application by
the requester, the Director shall hold a hearing to determine
whether dissemination of the requested information would be in
violation of this Act or rules and regulations issued pursuant
to it or other federal or State law pertaining to the
collection, maintenance or dissemination of criminal history
record information. When the Director finds such a violation,
the Illinois State Police Department shall be prohibited from
disseminating conviction information to the requester, under
such terms and conditions and for such periods of time as the
Director deems appropriate.
(Source: P.A. 85-922.)
(20 ILCS 2635/19) (from Ch. 38, par. 1619)
Sec. 19. Coordinating and Implementing Policy. The
Illinois State Police Department shall adopt rules to prescribe
the appropriate form, manner and fees for complying with the
requirements of this Act. The Authority shall adopt rules to
prescribe form, manner and maximum fees which the Authority is
authorized to establish pursuant to subsection (B) of Section 8
of this Act. Such rulemaking is subject to the provisions of
the Illinois Administrative Procedure Act.
(Source: P.A. 85-922.)

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(20 ILCS 2635/20) (from Ch. 38, par. 1620)
Sec. 20. State Liability and Indemnification of Units of
Local Government. (A) The State of Illinois shall guarantee the
accuracy and completeness of conviction information
disseminated by the Illinois State Police Department that is
based upon fingerprint identification. The State of Illinois
shall not be liable for the accuracy and completeness of any
information disseminated upon identifying information other
than fingerprints.
(B) The State of Illinois shall indemnify a clerk of the
circuit court, a criminal justice agency, and their employees
and officials from, and against, all damage claims brought by
others due to dissemination by the Illinois State Police
Department of inaccurate or incomplete conviction information
based upon positive fingerprint identification, provided that
the conviction information in question was initially reported
to the Illinois State Police Department accurately and in the
timely manner mandated by Section 2.1 of the Criminal
Identification Act "An Act in relation to criminal
identification and investigation", approved July 2, 1931, as
amended.
(Source: P.A. 85-922.)
(20 ILCS 2635/21) (from Ch. 38, par. 1621)
Sec. 21. Audits. The Illinois State Police Department shall

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regularly conduct representative audits of the criminal
history record keeping and criminal history record reporting
policies, practices, and procedures of the repositories for
such information in Illinois to ensure compliance with the
provisions of this Act and Section 2.1 of the Criminal
Identification Act "An Act in relation to criminal
identification and investigation", approved July 2, 1931, as
amended. The findings of such audits shall be reported to the
Governor, General Assembly, and, upon request, to members of
the general public.
(Source: P.A. 85-922.)
Section 230. The Criminal Diversion Racial Impact Data
Collection Act is amended by changing Sections 5 and 15 as
follows:
(20 ILCS 2637/5)
(Section scheduled to be repealed on December 31, 2020)
Sec. 5. Legislative intent. Racial and ethnic disparity in
the criminal justice system, or the over-representation of
certain minority groups compared to their representation in the
general population, has been well documented, along with the
harmful effects of such disproportionality. There is no single
cause of the racial and ethnic disparity evident at every stage
of the criminal justice system; suggested causes have included
differing patterns of criminal activity, law enforcement

SB3642 - 415 - LRB101 20589 WGH 70218 b
activity, and discretionary decisions of criminal justice
practitioners, along with effects of legislative policies. In
order to make progress in reducing this harmful phenomenon,
information on the racial composition of offenders at each
stage of the criminal justice system must be systematically
gathered and analyzed to lay the foundation for determining the
impact of proposed remedies. Gaps of information at any stage
will hamper valid analysis at subsequent stages. At the
earliest stages of the criminal justice system, systematic
statewide information on arrested persons, including race and
ethnicity, is collected in the Illinois State Police Criminal
History Record Information System. However, under the Criminal
Identification Act, systematic statewide information on the
racial and ethnic composition of adults diverted from arrest by
law enforcement and diverted from prosecution by each county's
State's Attorney's office is not available. Therefore, it is
the intent of this legislation to provide a mechanism by which
statewide data on the race and ethnicity of offenders diverted
from the criminal justice system before the filing of a court
case can be provided by the criminal justice entity involved
for future racial disparity impact analyses of the criminal
justice system.
(Source: P.A. 99-666, eff. 1-1-17.)
(20 ILCS 2637/15)
(Section scheduled to be repealed on December 31, 2020)

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Sec. 15. Reporting; publication.
(a) Under the reporting guidelines for law enforcement
agencies in Sections 2.1, 4.5, and 5 of the Criminal
Identification Act, the Authority shall determine and report
the number of persons arrested and released without being
charged, and report the racial and ethnic composition of those
persons.
(b) Under the reporting guidelines for State's Attorneys in
Sections 2.1, 4.5, and 5 of the Criminal Identification Act,
the Authority shall determine and report the number of persons
for which formal charges were dismissed, and the race and
ethnicity of those persons.
(c) Under the reporting guidelines for circuit court clerks
in Sections 2.1, 4.5, and 5 of the Criminal Identification Act,
the Authority shall determine and report the number of persons
admitted to a diversion from prosecution program, and the
racial and ethnic composition of those persons, separated by
each type of diversion program.
(d) The Authority shall publish the information received
and an assessment of the quality of the information received,
aggregated to the county level in the case of law enforcement
reports, on its publicly available website for the previous
calendar year, as affirmed by each reporting agency at the time
of its report submission.
(e) The Authority, Illinois Department of State Police,
Administrative Office of the Illinois Courts, and Illinois

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State's Attorneys Association may collaborate on any necessary
training concerning the provisions of this Act.
(Source: P.A. 99-666, eff. 1-1-17.)
Section 235. The Statewide Organized Gang Database Act is
amended by changing Sections 5 and 10 as follows:
(20 ILCS 2640/5)
Sec. 5. Definitions. As used in this Act:
"Department" means the Department of State Police.
"Director" means the Director of the Illinois State Police.
"Organized gang" has the meaning ascribed to it in Section
10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
A "SWORD terminal" is an interactive computerized
communication and processing unit that permits a direct on-line
communication with the Illinois Department of State Police's
central data repository, the Statewide Organized Gang Database
(SWORD).
(Source: P.A. 87-932; 88-467.)
(20 ILCS 2640/10)
Sec. 10. Duties of the Illinois State Police Department.
The Illinois State Police Department may:
(a) provide a uniform reporting format for the entry of
pertinent information regarding the report of an arrested
organized gang member or organized gang affiliate into SWORD;

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(b) notify all law enforcement agencies that reports of
arrested organized gang members or organized gang affiliates
shall be entered into the database as soon as the minimum level
of data specified by the Illinois State Police Department is
available to the reporting agency, and that no waiting period
for the entry of that data exists;
(c) develop and implement a policy for notifying law
enforcement agencies of the emergence of new organized gangs,
or the change of a name or other identifying sign by an
existing organized gang;
(d) compile and retain information regarding organized
gangs and their members and affiliates, in a manner that allows
the information to be used by law enforcement and other
agencies, deemed appropriate by the Director, for
investigative purposes;
(e) compile and maintain a historic data repository
relating to organized gangs and their members and affiliates in
order to develop and improve techniques utilized by law
enforcement agencies and prosecutors in the investigation,
apprehension, and prosecution of members and affiliates of
organized gangs;
(f) create a quality control program regarding
confirmation of organized gang membership and organized gang
affiliation data, timeliness and accuracy of information
entered into SWORD, and performance audits of all entering
agencies;

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(g) locate all law enforcement agencies that could, in the
opinion of the Director, benefit from access to SWORD, and
notify them of its existence; and
(h) cooperate with all law enforcement agencies wishing to
gain access to the SWORD system, and facilitate their entry
into the system and their continued maintenance of access to
it.
(Source: P.A. 87-932.)
Section 240. The Statewide Senior Citizen Victimizer
Database Act is amended by changing Sections 5 and 10 as
follows:
(20 ILCS 2645/5)
Sec. 5. Definitions. In this Act:
"Department" means Department of State Police.
"Director" means the Director of the Illinois State Police.
"Senior citizen" means a person of the age of 60 years or
older.
"Senior citizen victimizer" means a person who has been
arrested for committing an offense against a senior citizen.
"Statewide Senior Citizen Victimizer Database Terminal"
means an interactive computerized communication and processing
unit that permits direct on-line communication with the
Illinois Department of State Police's Statewide Senior Citizen
Victimizer Database.

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(Source: P.A. 92-246, eff. 1-1-02.)
(20 ILCS 2645/10)
Sec. 10. Duties of the Illinois State Police Department.
The Illinois State Police Department may:
(a) Provide a uniform reporting format for the entry of
pertinent information regarding the report of an arrested
senior citizen victimizer into the Senior Citizen Victimizer
Database Terminal;
(b) Notify all law enforcement agencies that reports of
arrested senior citizen victimizers shall be entered into the
database as soon as the minimum level of data of information
specified by the Illinois State Police Department is available
to the reporting agency, and that no waiting period for the
entry of that data exists;
(c) Compile and maintain a data repository relating to
senior citizen victimizers in order to gather information
regarding the various modus operandi used to victimize senior
citizens, groups that tend to routinely target senior citizens,
areas of the State that senior citizen victimizers tend to
frequent, and the type of persons senior citizen victimizers
routinely target;
(d) Develop and improve techniques used by law enforcement
agencies and prosecutors in the investigation, apprehension,
and prosecution of senior citizen victimizers;
(e) Locate all law enforcement agencies that could, in the

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opinion of the Director, benefit from access to the Statewide
Senior Citizen Victimizer Database, and notify them of its
existence; and
(f) Cooperate with all law enforcement agencies wishing to
gain access to the Statewide Senior Citizen Victimizer Database
system, and to facilitate their entry into the system and to
their continued maintenance of access to it.
(Source: P.A. 92-246, eff. 1-1-02.)
Section 245. The Department of Transportation Law of the
Civil Administrative Code of Illinois is amended by changing
Sections 2705-90, 2705-125, 2705-317, 2705-505.5, and
2705-505.6 as follows:
(20 ILCS 2705/2705-90) (was 20 ILCS 2705/49.31)
Sec. 2705-90. Criminal history record information from
Illinois Department of State Police. Whenever the Department is
authorized or required by law to consider some aspect of
criminal history record information for the purpose of carrying
out its statutory powers and responsibilities, then, upon
request and payment of fees in conformance with the
requirements of Section 2605-400 of the Illinois Department of
State Police Law (20 ILCS 2605/2605-400), the Illinois
Department of State Police is authorized to furnish, pursuant
to positive identification, the information contained in State
files that is necessary to fulfill the request.

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(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 2705/2705-125) (was 20 ILCS 2705/49.22)
Sec. 2705-125. Safety inspection of motor vehicles;
transfer from various State agencies. The Department has the
power to administer, exercise, and enforce the rights, powers,
and duties presently vested in the Illinois Department of State
Police and the Division of State Troopers under the Illinois
Vehicle Inspection Law, in the Illinois Commerce Commission, in
the State Board of Education, and in the Secretary of State
under laws relating to the safety inspection of motor vehicles
operated by common carriers, of school buses, and of motor
vehicles used in the transportation of school children and
motor vehicles used in driver exam training schools for hire
licensed under Article IV of the Illinois Driver Licensing Law
or under any other law relating to the safety inspection of
motor vehicles of the second division as defined in the
Illinois Vehicle Code.
(Source: P.A. 96-740, eff. 1-1-10.)
(20 ILCS 2705/2705-317)
Sec. 2705-317. Safe Routes to School Construction Program.
(a) Upon enactment of a federal transportation bill with a
dedicated fund available to states for safe routes to schools,
the Department, in cooperation with the State Board of
Education and the Illinois Department of State Police, shall

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establish and administer a Safe Routes to School Construction
Program for the construction of bicycle and pedestrian safety
and traffic-calming projects using the federal Safe Routes to
Schools Program funds.
(b) The Department shall make construction grants
available to local governmental agencies under the Safe Routes
to School Construction Program based on the results of a
statewide competition that requires submission of Safe Routes
to School proposals for funding and that rates those proposals
on all of the following factors:
(1) Demonstrated needs of the grant applicant.
(2) Potential of the proposal for reducing child
injuries and fatalities.
(3) Potential of the proposal for encouraging
increased walking and bicycling among students.
(4) Identification of safety hazards.
(5) Identification of current and potential walking
and bicycling routes to school.
(6) Consultation and support for projects by
school-based associations, local traffic engineers, local
elected officials, law enforcement agencies, and school
officials.
(7) Proximity to parks and other recreational
facilities.
With respect to the use of federal Safe Routes to Schools
Program funds, prior to the award of a construction grant or

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the use of those funds for a Safe Routes to School project
encompassing a highway, the Department shall consult with and
obtain approval from the Illinois Department of State Police
and the highway authority with jurisdiction to ensure that the
Safe Routes to School proposal is consistent with a statewide
pedestrian safety statistical analysis.
(c) On March 30, 2006 and each March 30th thereafter, the
Department shall submit a report to the General Assembly
listing and describing the projects funded under the Safe
Routes to School Construction Program.
(d) The Department shall study the effectiveness of the
Safe Routes to School Construction Program, with particular
emphasis on the Program's effectiveness in reducing traffic
accidents and its contribution to improving safety and reducing
the number of child injuries and fatalities in the vicinity of
a Safe Routes to School project. The Department shall submit a
report to the General Assembly on or before December 31, 2006
regarding the results of the study.
(e) The Department, the State Board of Education, and the
Illinois Department of State Police may adopt any rules
necessary to implement this Section.
(Source: P.A. 94-493, eff. 8-8-05.)
(20 ILCS 2705/2705-505.5)
Sec. 2705-505.5. Child abduction message signs. The
Department of Transportation shall coordinate with the

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Illinois Department of State Police in the use of electronic
message signs on roads and highways in the vicinity of a child
abduction to immediately provide critical information to the
public.
(Source: P.A. 93-310, eff. 7-23-03.)
(20 ILCS 2705/2705-505.6)
Sec. 2705-505.6. Endangered Missing Persons Advisory
message signs. The Department of Transportation shall
coordinate with the Illinois Department of State Police in the
use of electronic message signs on roads and highways to
immediately provide critical information to the public
concerning missing persons who are believed to be high risk,
missing persons with Alzheimer's disease, other related
dementia, or other dementia-like cognitive impairment, as
allowed by federal guidelines.
(Source: P.A. 99-322, eff. 1-1-16.)
Section 255. The State Fire Marshal Act is amended by
changing Section 2 as follows:
(20 ILCS 2905/2) (from Ch. 127 1/2, par. 2)
Sec. 2. The Office shall have the following powers and
duties:
1. To exercise the rights, powers and duties which have
been vested by law in the Illinois Department of State

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Police as the successor of the Department of Public Safety,
State Fire Marshal, inspectors, officers and employees of
the State Fire Marshal, including arson investigation.
Arson investigations conducted by the State Fire Marshal's
Office shall be conducted by State Fire Marshal Arson
Investigator Special Agents, who shall be peace officers as
provided in the Peace Officer Fire Investigation Act.
2. To keep a record, as may be required by law, of all
fires occurring in the State, together with all facts,
statistics and circumstances, including the origin of
fires.
3. To exercise the rights, powers and duties which have
been vested in the Illinois Department of State Police by
the "Boiler and Pressure Vessel Safety Act", approved
August 7, 1951, as amended.
4. To administer the Illinois Fire Protection Training
Act.
5. To aid in the establishment and maintenance of the
training facilities and programs of the Illinois Fire
Service Institute.
6. To disburse Federal grants for fire protection
purposes to units of local government.
7. To pay to or in behalf of the City of Chicago for
the maintenance, expenses, facilities and structures
directly incident to the Chicago Fire Department training
program. Such payments may be made either as reimbursements

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for expenditures previously made by the City, or as
payments at the time the City has incurred an obligation
which is then due and payable for such expenditures.
Payments for the Chicago Fire Department training program
shall be made only for those expenditures which are not
claimable by the City under "An Act relating to fire
protection training", certified November 9, 1971, as
amended.
8. To administer grants to areas not located in a fire
protection district or in a municipality which provides
fire protection services, to defray the organizational
expenses of forming a fire protection district.
9. In cooperation with the Illinois Environmental
Protection Agency, to administer the Illinois Leaking
Underground Storage Tank program in accordance with
Section 4 of this Act and Section 22.12 of the
Environmental Protection Act.
10. To expend state and federal funds as appropriated
by the General Assembly.
11. To provide technical assistance, to areas not
located in a fire protection district or in a municipality
which provides fire protection service, to form a fire
protection district, to join an existing district, or to
establish a municipal fire department, whichever is
applicable.
12. To exercise such other powers and duties as may be

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vested in the Office by law.
(Source: P.A. 100-67, eff. 8-11-17.)
Section 260. The Division of Banking Act is amended by
changing Section 5 as follows:
(20 ILCS 3205/5) (from Ch. 17, par. 455)
Sec. 5. Powers. In addition to all the other powers and
duties provided by law, the Commissioner shall have the
following powers:
(a) To exercise the rights, powers and duties formerly
vested by law in the Director of Financial Institutions under
the Illinois Banking Act.
(b) To exercise the rights, powers and duties formerly
vested by law in the Department of Financial Institutions under
"An act to provide for and regulate the administration of
trusts by trust companies", approved June 15, 1887, as amended.
(c) To exercise the rights, powers and duties formerly
vested by law in the Director of Financial Institutions under
"An act authorizing foreign corporations, including banks and
national banking associations domiciled in other states, to act
in a fiduciary capacity in this state upon certain conditions
herein set forth", approved July 13, 1953, as amended.
(c-5) To exercise all of the rights, powers, and duties
granted to the Director or Secretary under the Illinois Banking
Act, the Corporate Fiduciary Act, the Electronic Fund Transfer

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Act, the Illinois Bank Holding Company Act of 1957, the Savings
Bank Act, the Illinois Savings and Loan Act of 1985, the
Savings and Loan Share and Account Act, the Residential
Mortgage License Act of 1987, and the Pawnbroker Regulation
Act.
(c-15) To enter into cooperative agreements with
appropriate federal and out-of-state state regulatory agencies
to conduct and otherwise perform any examination of a regulated
entity as authorized under the Illinois Banking Act, the
Corporate Fiduciary Act, the Electronic Fund Transfer Act, the
Illinois Bank Holding Company Act of 1957, the Savings Bank
Act, the Illinois Savings and Loan Act of 1985, the Residential
Mortgage License Act of 1987, and the Pawnbroker Regulation
Act.
(d) Whenever the Commissioner is authorized or required by
law to consider or to make findings regarding the character of
incorporators, directors, management personnel, or other
relevant individuals under the Illinois Banking Act, the
Corporate Fiduciary Act, the Pawnbroker Regulation Act, or at
other times as the Commissioner deems necessary for the purpose
of carrying out the Commissioner's statutory powers and
responsibilities, the Commissioner shall consider criminal
history record information, including nonconviction
information, pursuant to the Criminal Identification Act. The
Commissioner shall, in the form and manner required by the
Illinois Department of State Police and the Federal Bureau of

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Investigation, cause to be conducted a criminal history record
investigation to obtain information currently contained in the
files of the Illinois Department of State Police or the Federal
Bureau of Investigation, provided that the Commissioner need
not cause additional criminal history record investigations to
be conducted on individuals for whom the Commissioner, a
federal bank regulatory agency, or any other government agency
has caused such investigations to have been conducted
previously unless such additional investigations are otherwise
required by law or unless the Commissioner deems such
additional investigations to be necessary for the purposes of
carrying out the Commissioner's statutory powers and
responsibilities. The Illinois Department of State Police
shall provide, on the Commissioner's request, information
concerning criminal charges and their disposition currently on
file with respect to a relevant individual. Information
obtained as a result of an investigation under this Section
shall be used in determining eligibility to be an incorporator,
director, management personnel, or other relevant individual
in relation to a financial institution or other entity
supervised by the Commissioner. Upon request and payment of
fees in conformance with the requirements of Section 2605-400
of the Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to

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fulfill the request.
(e) When issuing charters, permits, licenses, or other
authorizations, the Commissioner may impose such terms and
conditions on the issuance as he deems necessary or
appropriate. Failure to abide by those terms and conditions may
result in the revocation of the issuance, the imposition of
corrective orders, or the imposition of civil money penalties.
(f) If the Commissioner has reasonable cause to believe
that any entity that has not submitted an application for
authorization or licensure is conducting any activity that
would otherwise require authorization or licensure by the
Commissioner, the Commissioner shall have the power to subpoena
witnesses, to compel their attendance, to require the
production of any relevant books, papers, accounts, and
documents, and to conduct an examination of the entity in order
to determine whether the entity is subject to authorization or
licensure by the Commissioner or the Division. If the Secretary
determines that the entity is subject to authorization or
licensure by the Secretary, then the Secretary shall have the
power to issue orders against or take any other action,
including initiating a receivership against the unauthorized
or unlicensed entity.
(g) The Commissioner may, through the Attorney General,
request the circuit court of any county to issue an injunction
to restrain any person from violating the provisions of any Act
administered by the Commissioner.

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(h) Whenever the Commissioner is authorized to take any
action or required by law to consider or make findings, the
Commissioner may delegate or appoint, in writing, an officer or
employee of the Division to take that action or make that
finding.
(i) Whenever the Secretary determines that it is in the
public's interest, he or she may publish any cease and desist
order or other enforcement action issued by the Division.
(Source: P.A. 96-1365, eff. 7-28-10; 97-492, eff. 1-1-12.)
Section 265. The Illinois Emergency Management Agency Act
is amended by changing Section 5 as follows:
(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein
called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director appointed
under this Act shall expire on the third Monday in January,
1989. The Director shall not hold any other remunerative public

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office. For terms ending before December 31, 2019, the Director
shall receive an annual salary as set by the Compensation
Review Board. For terms beginning after the effective date of
this amendatory Act of the 100th General Assembly, the annual
salary of the Director shall be as provided in Section 5-300 of
the Civil Administrative Code of Illinois.
(b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency
created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency management
of this State. The Director shall also maintain liaison and
cooperate with the emergency management organizations of this
State and other states and of the federal government.
(d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political

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subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the areas,
circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency
management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall serve
as an advisory committee to the emergency services and disaster
agency or agencies serving within the boundaries of that Local
Emergency Planning Committee planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities
related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
program of the State.

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(2) Cooperate with local governments, the federal
government and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance
with Section 65 of the Nuclear Safety Law of 2004 and in
development of the Illinois Nuclear Safety Preparedness
program in accordance with Section 8 of the Illinois
Nuclear Safety Preparedness Act.
(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an
emergency services and disaster agency pursuant to this
Act.

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(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency
services and disaster agency pursuant to this Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other
necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials to
schools, political subdivisions, community groups, civic
organizations, and the media. Emphasis will be placed on
those areas of the State most at risk from an earthquake.
Maintain the list of all school districts, hospitals,
airports, power plants, including nuclear power plants,
lakes, dams, emergency response facilities of all types,
and all other major public or private structures which are

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at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm
to the surrounding communities and residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied by
the Division of Water Resources within the Department of
Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are
necessary to respond to an earthquake or any other disaster
as defined in this Act. These resources will be made
available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required and
requested.
(11.5) In coordination with the Illinois Department of
State Police, develop and implement a community outreach
program to promote awareness among the State's parents and
children of child abduction prevention and response.
(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois hospitals
or health care facilities located outside of a city with a
population in excess of 1,000,000 to be used for purposes

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that include, but are not limited to, preparing to respond
to mass casualties and disasters, maintaining and
improving patient safety and quality of care, and
protecting the confidentiality of patient information. No
single grant for a capital expenditure shall exceed
$300,000. No single grant for a non-capital expenditure
shall exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant number
of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments under
the Illinois Public Aid Code. To receive such a grant, a
hospital or health care facility must provide funding of at
least 50% of the cost of the project for which the grant is
being requested. In awarding such grants the Illinois
Emergency Management Agency shall consider the
recommendations of the Illinois Hospital Association.
(13) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions, public
K-12 school districts, area vocational centers as designated by
the State Board of Education, inter-district special education
cooperatives, regional safe schools, and nonpublic K-12
schools for safety and security improvements. For the purpose
of this subsection (g), "higher education institution" means a
public university, a public community college, or an

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independent, not-for-profit or for-profit higher education
institution located in this State. Grants made under this
subsection (g) shall be paid out of moneys appropriated for
that purpose from the Build Illinois Bond Fund. The Illinois
Emergency Management Agency shall adopt rules to implement this
subsection (g). These rules may specify: (i) the manner of
applying for grants; (ii) project eligibility requirements;
(iii) restrictions on the use of grant moneys; (iv) the manner
in which the various higher education institutions must account
for the use of grant moneys; and (v) any other provision that
the Illinois Emergency Management Agency determines to be
necessary or useful for the administration of this subsection
(g).
(g-5) The Illinois Emergency Management Agency is
authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under section
501(c)(3) of the Federal Internal Revenue Code for eligible
security improvements that assist the organization in
preventing, preparing for, or responding to acts of terrorism.
The Director shall establish procedures and forms by which
applicants may apply for a grant and procedures for
distributing grants to recipients. The procedures shall
require each applicant to do the following:
(1) identify and substantiate prior threats or attacks
by a terrorist organization, network, or cell against the
not-for-profit organization;

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(2) indicate the symbolic or strategic value of one or
more sites that renders the site a possible target of
terrorism;
(3) discuss potential consequences to the organization
if the site is damaged, destroyed, or disrupted by a
terrorist act;
(4) describe how the grant will be used to integrate
organizational preparedness with broader State and local
preparedness efforts;
(5) submit a vulnerability assessment conducted by
experienced security, law enforcement, or military
personnel, and a description of how the grant award will be
used to address the vulnerabilities identified in the
assessment; and
(6) submit any other relevant information as may be
required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program.
(h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
shall be deposited in the Emergency Planning and Training Fund
and used by the Agency, subject to appropriation, to effectuate
planning and training activities.
(i) The Illinois Emergency Management Agency may by rule
assess and collect reasonable fees for attendance at

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Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to appropriation,
for planning and training activities.
(j) The Illinois Emergency Management Agency is authorized
to make grants to other State agencies, public universities,
units of local government, and statewide mutual aid
organizations to enhance statewide emergency preparedness and
response.
(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1179, eff.
1-18-19.)
Section 270. The Nuclear Safety Law of 2004 is amended by
changing Sections 40 and 70 as follows:
(20 ILCS 3310/40)
Sec. 40. Regulation of nuclear safety. The Illinois
Emergency Management Agency shall have primary responsibility
for the coordination and oversight of all State governmental
functions concerning the regulation of nuclear power,
including low level waste management, environmental
monitoring, and transportation of nuclear waste. Functions
performed by the Illinois Department of State Police and the
Department of Transportation in the area of nuclear safety, on

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the effective date of this Act, may continue to be performed by
these agencies but under the direction of the Illinois
Emergency Management Agency. All other governmental functions
regulating nuclear safety shall be coordinated by the Illinois
Emergency Management Agency.
(Source: P.A. 93-1029, eff. 8-25-04.)
(20 ILCS 3310/70)
Sec. 70. Nuclear and radioactive materials transportation
plan. The Illinois Emergency Management Agency shall formulate
a comprehensive plan regarding the transportation of nuclear
and radioactive materials in Illinois. The Illinois Emergency
Management Agency shall have primary responsibility for all
State governmental regulation of the transportation of nuclear
and radioactive materials, insofar as the regulation pertains
to the public health and safety. This responsibility shall
include but not be limited to the authority to oversee and
coordinate regulatory functions performed by the Department of
Transportation, the Illinois Department of State Police, and
the Illinois Commerce Commission.
(Source: P.A. 93-1029, eff. 8-25-04.)
Section 275. The Illinois Power Agency Act is amended by
changing Section 1-110 as follows:
(20 ILCS 3855/1-110)

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Sec. 1-110. State Police reimbursement. The Agency shall
reimburse the Illinois Department of State Police for any
expenses associated with security at facilities from the
Illinois Power Agency Facilities Fund.
(Source: P.A. 95-481, eff. 8-28-07.)
Section 280. The Illinois Criminal Justice Information Act
is amended by changing Sections 4 and 9.1 as follows:
(20 ILCS 3930/4) (from Ch. 38, par. 210-4)
Sec. 4. Illinois Criminal Justice Information Authority;
creation, membership, and meetings. There is created an
Illinois Criminal Justice Information Authority consisting of
25 members. The membership of the Authority shall consist of
the Illinois Attorney General, or his or her designee, the
Director of Corrections, the Director of the Illinois State
Police, the Director of Public Health, the Director of Children
and Family Services, the Sheriff of Cook County, the State's
Attorney of Cook County, the clerk of the circuit court of Cook
County, the President of the Cook County Board of
Commissioners, the Superintendent of the Chicago Police
Department, the Director of the Office of the State's Attorneys
Appellate Prosecutor, the Executive Director of the Illinois
Law Enforcement Training Standards Board, the State Appellate
Defender, the Public Defender of Cook County, and the following
additional members, each of whom shall be appointed by the

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Governor: a circuit court clerk, a sheriff, a State's Attorney
of a county other than Cook, a Public Defender of a county
other than Cook, a chief of police, and 6 members of the
general public.
Members appointed on and after the effective date of this
amendatory Act of the 98th General Assembly shall be confirmed
by the Senate.
The Governor from time to time shall designate a Chairman
of the Authority from the membership. All members of the
Authority appointed by the Governor shall serve at the pleasure
of the Governor for a term not to exceed 4 years. The initial
appointed members of the Authority shall serve from January,
1983 until the third Monday in January, 1987 or until their
successors are appointed.
The Authority shall meet at least quarterly, and all
meetings of the Authority shall be called by the Chairman.
(Source: P.A. 97-1151, eff. 1-25-13; 98-955, eff. 8-15-14.)
(20 ILCS 3930/9.1)
Sec. 9.1. Criminal Justice Information Projects Fund. The
Criminal Justice Information Projects Fund is hereby created as
a special fund in the State Treasury. Grants and other moneys
obtained by the Authority from governmental entities (other
than the federal government), private sources, and
not-for-profit organizations for use in investigating criminal
justice issues or undertaking other criminal justice

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information projects, or pursuant to the uses identified in
Section 21.10 of the Illinois Lottery Law, shall be deposited
into the Fund. Moneys in the Fund may be used by the Authority,
subject to appropriation, for undertaking such projects and for
the operating and other expenses of the Authority incidental to
those projects, and for the costs associated with making grants
from the Prescription Pill and Drug Disposal Fund. The moneys
deposited into the Criminal Justice Information Projects Fund
under Sections 15-15 and 15-35 of the Criminal and Traffic
Assessment Act shall be appropriated to and administered by the
Illinois Criminal Justice Information Authority for
distribution to fund Illinois Department of State Police drug
task forces and Metropolitan Enforcement Groups by dividing the
funds equally by the total number of Illinois Department of
State Police drug task forces and Illinois Metropolitan
Enforcement Groups. Any interest earned on moneys in the Fund
must be deposited into the Fund.
(Source: P.A. 100-647, eff. 7-30-18; 100-987, eff. 7-1-19;
101-81, eff. 7-12-19.)
Section 285. The Laboratory Review Board Act is amended by
changing Section 2 as follows:
(20 ILCS 3980/2) (from Ch. 111 1/2, par. 8002)
Sec. 2. There is hereby created the Laboratory Review Board
(hereinafter referred to as the Board), which shall consist of

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7 persons, one each appointed by the Director of Agriculture,
the Director of Natural Resources, the Secretary of Human
Services, the Director of Public Health, the Director of the
Illinois State Police, the Director of the Environmental
Protection Agency, and the Illinois Secretary of
Transportation. Members of the Board shall serve at the
pleasure of their appointing authorities.
(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
Section 290. The Law Enforcement and Fire Fighting Medal of
Honor Act is amended by changing Section 2001 as follows:
(20 ILCS 3985/2001) (from Ch. 127, par. 3852-1)
Sec. 2001. There is created the Law Enforcement Medal of
Honor Committee, referred to in this Article as the Committee.
The Committee shall consist of the Director of the Illinois
Department of State Police, the Superintendent of the Chicago
Police Department, the Executive Director of the Illinois Law
Enforcement Training Standards Board, and the following
persons appointed by the Governor: a sheriff, a chief of police
from other than Chicago, a representative of a statewide law
enforcement officer organization and a retired Illinois law
enforcement officer. Of the appointed members, the sheriff and
police chief shall each serve a 2-year term and the
organization representative and retired officer shall each
serve a one-year term. The Governor shall appoint initial

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members within 3 months of the effective date of this Act.
Members of the Committee shall serve without compensation
but shall be reimbursed for actual expenses incurred in the
performance of their duties from funds appropriated to the
Office of the Governor for such purpose.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 295. The Illinois Motor Vehicle Theft Prevention
and Insurance Verification Act is amended by changing Sections
4 and 8.5 as follows:
(20 ILCS 4005/4) (from Ch. 95 1/2, par. 1304)
(Section scheduled to be repealed on January 1, 2025)
Sec. 4. There is hereby created an Illinois Motor Vehicle
Theft Prevention and Insurance Verification Council, which
shall exercise its powers, duties and responsibilities. There
shall be 11 members of the Council consisting of the Secretary
of State or his designee, the Director of the Illinois
Department of State Police, the State's Attorney of Cook
County, the Superintendent of the Chicago Police Department,
and the following 7 additional members, each of whom shall be
appointed by the Secretary of State: a state's attorney of a
county other than Cook, a chief executive law enforcement
official from a jurisdiction other than the City of Chicago, 5
representatives of insurers authorized to write motor vehicle
insurance in this State, all of whom shall be domiciled in this

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State.
The Director shall be the Chairman of the Council. All
members of the Council appointed by the Secretary shall serve
at the discretion of the Secretary for a term not to exceed 4
years. The Council shall meet at least quarterly.
(Source: P.A. 100-373, eff. 1-1-18.)
(20 ILCS 4005/8.5)
(Section scheduled to be repealed on January 1, 2025)
Sec. 8.5. State Police Motor Vehicle Theft Prevention Trust
Fund. The State Police Motor Vehicle Theft Prevention Trust
Fund is created as a trust fund in the State treasury. The
State Treasurer shall be the custodian of the Trust Fund. The
Trust Fund is established to receive funds from the Illinois
Motor Vehicle Theft Prevention and Insurance Verification
Council. All interest earned from the investment or deposit of
moneys accumulated in the Trust Fund shall be deposited into
the Trust Fund. Moneys in the Trust Fund shall be used by the
Illinois Department of State Police for motor vehicle theft
prevention purposes.
(Source: P.A. 100-373, eff. 1-1-18.)
Section 305. The Social Security Number Protection Task
Force Act is amended by changing Section 10 as follows:
(20 ILCS 4040/10)

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Sec. 10. Social Security Number Protection Task Force.
(a) The Social Security Number Protection Task Force is
created within the Office of the Attorney General. The Attorney
General is responsible for administering the activities of the
Task Force. The Task Force shall consist of the following
members:
(1) Two members representing the House of
Representatives, appointed by the Speaker of the House of
Representatives;
(2) Two members representing the House of
Representatives, appointed by the Minority Leader of the
House of Representatives;
(3) Two members representing the Senate, appointed by
the President of the Senate;
(4) Two members representing the Senate, appointed by
the Minority Leader of the Senate;
(5) One member, who shall serve as the chairperson of
the Task Force, representing the Office of the Attorney
General, appointed by the Attorney General;
(6) One member representing the Office of the Secretary
of State, appointed by the Secretary of State;
(7) One member representing the Office of the Governor,
appointed by the Governor;
(8) One member representing the Department of Natural
Resources, appointed by the Director of Natural Resources;
(9) One member representing the Department of

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Healthcare and Family Services, appointed by the Director
of Healthcare and Family Services;
(10) One member representing the Department of
Revenue, appointed by the Director of Revenue;
(11) One member representing the Illinois Department
of State Police, appointed by the Director of the Illinois
State Police;
(12) One member representing the Department of
Employment Security, appointed by the Director of
Employment Security;
(13) One member representing the Illinois Courts,
appointed by the Director of the Administrative Office of
the Illinois Courts;
(14) One member representing the Department on Aging,
appointed by the Director of the Department on Aging;
(15) One member appointed by the Director of Central
Management Services;
(16) One member appointed by the Executive Director of
the Board of Higher Education;
(17) One member appointed by the Secretary of Human
Services;
(18) Three members appointed by the chairperson of the
Task Force, representing local-governmental organizations,
who may include representatives of clerks of the circuit
court, recorders of deeds, counties, and municipalities;
(19) One member representing the Office of the State

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Comptroller, appointed by the Comptroller; and
(20) One member representing school administrators,
appointed by the State Superintendent of Education.
(b) The Task Force shall examine the procedures used by the
State to protect an individual against the unauthorized
disclosure of his or her social security number when the State
requires the individual to provide his or her social security
number to an officer or agency of the State.
(c) The Task Force shall report its findings and
recommendations, including its recommendations concerning a
unique identification number system under Section 15, to the
Governor, the Attorney General, the Secretary of State, and the
General Assembly no later than December 31 of each year.
(Source: P.A. 94-611, eff. 8-18-05; 95-331, eff. 8-21-07;
95-482, eff. 8-28-07.)
Section 310. The Commission to Study Disproportionate
Justice Impact Act is amended by changing Section 10 as
follows:
(20 ILCS 4085/10)
Sec. 10. Composition. The Commission shall be composed of
the following members:
(a) Two members of the Senate appointed by the Senate
President, one of whom the President shall designate to
serve as co-chair, and two members of the Senate appointed

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by the Minority Leader of the Senate.
(b) Two members of the House of Representatives
appointed by the Speaker of the House of Representatives,
one of whom the Speaker shall designate to serve as
co-chair, and two members of the House of Representatives
appointed by the Minority Leader of the House of
Representatives.
(c) The following persons or their designees:
(1) the Attorney General,
(2) the Chief Judge of the Circuit Court of Cook
County,
(3) the Director of the Illinois State Police,
(4) the Superintendent of the Chicago Police
Department,
(5) the sheriff of Cook County,
(6) the State Appellate Defender,
(7) the Cook County Public Defender,
(8) the Director of the Office of the State's
Attorneys Appellate Prosecutor,
(9) the Cook County State's Attorney,
(10) the Executive Director of the Criminal
Justice Information Authority,
(11) the Director of Corrections,
(12) the Director of Juvenile Justice, and
(13) the Executive Director of the Illinois
African-American Family Commission.

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(d) The co-chairs may name up to 8 persons,
representing minority communities within Illinois, groups
involved in the improvement of the administration of
justice, behavioral health, criminal justice, law
enforcement, and the rehabilitation of former inmates,
community groups, and other interested parties.
(Source: P.A. 95-995, eff. 6-1-09.)
Section 315. The Racial and Ethnic Impact Research Task
Force Act is amended by changing Section 10 as follows:
(20 ILCS 5025/10)
Sec. 10. Racial and Ethnic Impact Research Task Force.
There is created the Racial and Ethnic Impact Research Task
Force, composed of the following members:
(1) Two members of the Senate appointed by the Senate
President, one of whom the President shall designate to
serve as co-chair, and 2 members of the Senate appointed by
the Minority Leader of the Senate.
(2) Two members of the House of Representatives
appointed by the Speaker of the House of Representatives,
one of whom the Speaker shall designate to serve as
co-chair, and 2 members of the House of Representatives
appointed by the Minority Leader of the House of
Representatives.
(3) The following persons or their designees:

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(A) the Attorney General,
(B) the Chief Judge of the Circuit Court of Cook
County,
(C) the Director of the Illinois State Police,
(D) the Superintendent of the Chicago Police
Department,
(E) the Sheriff of Cook County,
(F) the State Appellate Defender,
(G) the Cook County Public Defender,
(H) the Director of the Office of the State's
Attorneys Appellate Prosecutor,
(I) the Cook County State's Attorney,
(J) the Executive Director of the Illinois
Criminal Justice Information Authority,
(K) the Director of Corrections,
(L) the Director of Juvenile Justice, and
(M) the Executive Director of the Illinois
African-American Family Commission.
(4) The co-chairs may name up to 8 persons,
representing minority communities within Illinois, groups
involved in the improvement of the administration of
justice, behavioral health, criminal justice, law
enforcement, and the rehabilitation of former inmates,
community groups, and other interested parties.
(Source: P.A. 97-433, eff. 8-16-11.)

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Section 330. The State Finance Act is amended by changing
Sections 6z-82, 6z-99, 6z-106, 8.3, 8.37, 8p, and 14 as
follows:
(30 ILCS 105/6z-82)
Sec. 6z-82. State Police Operations Assistance Fund.
(a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund
shall receive revenue under the Criminal and Traffic Assessment
Act. The Fund may also receive revenue from grants, donations,
appropriations, and any other legal source.
(b) The Illinois Department of State Police may use moneys
in the Fund to finance any of its lawful purposes or functions.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
(f) Notwithstanding any other provision of State law to the
contrary, on or after July 1, 2012, and until June 30, 2013, in
addition to any other transfers that may be provided for by
law, at the direction of and upon notification from the
Director of the Illinois State Police, the State Comptroller
shall direct and the State Treasurer shall transfer amounts

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into the State Police Operations Assistance Fund from the
designated funds not exceeding the following totals:
State Police Vehicle Fund.....................$2,250,000
State Police Wireless Service
Emergency Fund............................$2,500,000
State Police Services Fund....................$3,500,000
(Source: P.A. 100-987, eff. 7-1-19.)
(30 ILCS 105/6z-99)
Sec. 6z-99. The Mental Health Reporting Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act. The Fund
may also receive revenue from grants, pass-through grants,
donations, appropriations, and any other legal source.
(b) The Illinois Department of State Police and Department
of Human Services shall coordinate to use moneys in the Fund to
finance their respective duties of collecting and reporting
data on mental health records and ensuring that mental health
firearm possession prohibitors are enforced as set forth under
the Firearm Concealed Carry Act and the Firearm Owners
Identification Card Act. Any surplus in the Fund beyond what is
necessary to ensure compliance with mental health reporting
under these Acts shall be used by the Department of Human
Services for mental health treatment programs.
(c) Investment income that is attributable to the

SB3642 - 457 - LRB101 20589 WGH 70218 b
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(30 ILCS 105/6z-106)
Sec. 6z-106. State Police Law Enforcement Administration
Fund.
(a) There is created in the State treasury a special fund
known as the State Police Law Enforcement Administration Fund.
The Fund shall receive revenue under subsection (c) of Section
10-5 of the Criminal and Traffic Assessment Act. The Fund may
also receive revenue from grants, donations, appropriations,
and any other legal source.
(b) The Illinois Department of State Police may use moneys
in the Fund to finance any of its lawful purposes or functions;
however, the primary purpose shall be to finance State Police
cadet classes in May and October of each year.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Law Enforcement Administration Fund
shall not be subject to administrative chargebacks.
(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)

SB3642 - 458 - LRB101 20589 WGH 70218 b
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code, except the cost
of administration of Articles I and II of Chapter 3 of that
Code; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards made
by the Illinois Workers' Compensation Commission under the
terms of the Workers' Compensation Act or Workers'
Occupational Diseases Act for injury or death of an
employee of the Division of Highways in the Department of
Transportation; or for the acquisition of land and the

SB3642 - 459 - LRB101 20589 WGH 70218 b
erection of buildings for highway purposes, including the
acquisition of highway right-of-way or for investigations
to determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications and
estimates for and in the construction and maintenance of
flight strips and of highways necessary to provide access
to military and naval reservations, to defense industries
and defense-industry sites, and to the sources of raw
materials and for replacing existing highways and highway
connections shut off from general public use at military
and naval reservations and defense-industry sites, or for
the purchase of right-of-way, except that the State shall
be reimbursed in full for any expense incurred in building
the flight strips; or for the operating and maintaining of
highway garages; or for patrolling and policing the public
highways and conserving the peace; or for the operating
expenses of the Department relating to the administration
of public transportation programs; or, during fiscal year
2020 only, for the purposes of a grant not to exceed
$8,394,800 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or for any of those purposes or any other purpose
that may be provided by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that

SB3642 - 460 - LRB101 20589 WGH 70218 b
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly, except during fiscal year 2019
only when no more than $17,570,000 may be expended and
except fiscal year 2020 only when no more than $17,570,000
may be expended;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of
appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Illinois Department of State Police, except for

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expenditures with respect to the Division of Patrol
Operations and Division of Criminal Investigation
Operations;
2. Department of Transportation, only with respect to
Intercity Rail Subsidies, except during fiscal year 2019
only when no more than $52,000,000 may be expended and
except fiscal year 2020 only when no more than $50,000,000
may be expended, and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Illinois Department of State Police, except not more

SB3642 - 462 - LRB101 20589 WGH 70218 b
than 40% of the funds appropriated for the Division of
Patrol Operations and Division of Criminal Investigation
Operations;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road Fund
monies that are eligible for federal reimbursement. It shall
not be lawful to circumvent the above appropriation limitations
by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction of
permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the
payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,

SB3642 - 463 - LRB101 20589 WGH 70218 b
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, including, but not limited to, the
operating expenses of the Department relating to the
administration of public transportation programs, payment
of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition
of rights-of-way for and the cost of construction,
reconstruction, maintenance, repair, and operation of
public highways and bridges under the direction and
supervision of the State, political subdivision, or
municipality collecting those monies, or during fiscal
year 2019 only for the purposes of a grant not to exceed
$3,825,000 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2020 only for the purposes
of a grant not to exceed $8,394,800 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, and the costs for patrolling
and policing the public highways (by State, political
subdivision, or municipality collecting that money) for

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enforcement of traffic laws. The separation of grades of
such highways with railroads and costs associated with
protection of at-grade highway and railroad crossing shall
also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as provided
in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with fiscal
year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Illinois Department of State Police for the
purposes of this Section in excess of its total fiscal year
1990 Road Fund appropriations for those purposes unless
otherwise provided in Section 5g of this Act. For fiscal years
2003, 2004, 2005, 2006, and 2007 only, no Road Fund monies
shall be appropriated to the Department of State Police for the
purposes of this Section in excess of $97,310,000. For fiscal
year 2008 only, no Road Fund monies shall be appropriated to
the Department of State Police for the purposes of this Section
in excess of $106,100,000. For fiscal year 2009 only, no Road
Fund monies shall be appropriated to the Department of State
Police for the purposes of this Section in excess of
$114,700,000. Beginning in fiscal year 2010, no road fund
moneys shall be appropriated to the Illinois Department of
State Police. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods unless otherwise provided in Section 5g of this

SB3642 - 465 - LRB101 20589 WGH 70218 b
Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of this
Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State for
the purposes of this Section in excess of the total fiscal year
1994 Road Fund appropriations to the Secretary of State for
those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
Fiscal Year 2000 $80,500,000;
Fiscal Year 2001 $80,500,000;
Fiscal Year 2002 $80,500,000;
Fiscal Year 2003 $130,500,000;
Fiscal Year 2004 $130,500,000;
Fiscal Year 2005 $130,500,000;
Fiscal Year 2006 $130,500,000;

SB3642 - 466 - LRB101 20589 WGH 70218 b
Fiscal Year 2007 $130,500,000;
Fiscal Year 2008 $130,500,000;
Fiscal Year 2009 $130,500,000.
For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar as
appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e of
this Act; nor to the General Revenue Fund, as authorized by
Public Act 93-25.
The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by

SB3642 - 467 - LRB101 20589 WGH 70218 b
generally accepted accounting principles applicable to
government.
The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by Public Act 94-91 shall be repaid to the Road Fund
from the General Revenue Fund in the next succeeding fiscal
year that the General Revenue Fund has a positive budgetary
balance, as determined by generally accepted accounting
principles applicable to government.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
100-863, eff.8-14-18; 101-10, eff. 6-5-19.)
(30 ILCS 105/8.37)
Sec. 8.37. State Police Wireless Service Emergency Fund.
(a) The State Police Wireless Service Emergency Fund is
created as a special fund in the State Treasury.
(b) Grants or surcharge funds allocated to the Illinois
Department of State Police from the Statewide 9-1-1 Fund shall
be deposited into the State Police Wireless Service Emergency
Fund and shall be used in accordance with Section 30 of the
Emergency Telephone System Act.
(c) On July 1, 1999, the State Comptroller and State
Treasurer shall transfer $1,300,000 from the General Revenue
Fund to the State Police Wireless Service Emergency Fund. On
June 30, 2003 the State Comptroller and State Treasurer shall
transfer $1,300,000 from the State Police Wireless Service

SB3642 - 468 - LRB101 20589 WGH 70218 b
Emergency Fund to the General Revenue Fund.
(Source: P.A. 100-20, eff. 7-1-17.)
(30 ILCS 105/8p)
Sec. 8p. State Police Streetgang-Related Crime Fund.
(a) The State Police Streetgang-Related Crime Fund is
created as a special fund in the State treasury.
(b) All moneys collected and payable to the Illinois
Department of State Police from the State Police
Streetgang-Related Crime Fund shall be appropriated to and
administered by the Illinois Department of State Police for
operations and initiatives to combat and prevent
streetgang-related crime.
(c) The State Police Streetgang-Related Crime Fund shall
not be subject to administrative chargebacks.
(Source: P.A. 100-987, eff. 7-1-19.)
(30 ILCS 105/14) (from Ch. 127, par. 150)
Sec. 14. The item "personal services", when used in an
appropriation Act, means the reward or recompense made for
personal services rendered for the State by an officer or
employee of the State or of an instrumentality thereof, or for
the purpose of Section 14a of this Act, or any amount required
or authorized to be deducted from the salary of any such person
under the provisions of Section 30c of this Act, or any
retirement or tax law, or both, or deductions from the salary

SB3642 - 469 - LRB101 20589 WGH 70218 b
of any such person under the Social Security Enabling Act or
deductions from the salary of such person pursuant to the
Voluntary Payroll Deductions Act of 1983.
If no home is furnished to a person who is a full-time
chaplain employed by the State or a former full-time chaplain
retired from State employment, 20% of the salary or pension
paid to that person for his personal services to the State as
chaplain are considered to be a rental allowance paid to him to
rent or otherwise provide a home. This amendatory Act of 1973
applies to State salary amounts received after December 31,
1973.
When any appropriation payable from trust funds or federal
funds includes an item for personal services but does not
include a separate item for State contribution for employee
group insurance, the State contribution for employee group
insurance in relation to employees paid under that personal
services line item shall also be payable under that personal
services line item.
When any appropriation payable from trust funds or federal
funds includes an item for personal services but does not
include a separate item for employee retirement contributions
paid by the employer, the State contribution for employee
retirement contributions paid by the employer in relation to
employees paid under that personal services line item shall
also be payable under that personal services line item.
The item "personal services", when used in an appropriation

SB3642 - 470 - LRB101 20589 WGH 70218 b
Act, shall also mean and include a payment to a State
retirement system by a State agency to discharge a debt arising
from the over-refund to an employee of retirement
contributions. The payment to a State retirement system
authorized by this paragraph shall not be construed to release
the employee from his or her obligation to return to the State
the amount of the over-refund.
The item "personal services", when used in an appropriation
Act, also includes a payment to reimburse the Department of
Central Management Services for temporary total disability
benefit payments in accordance with subdivision (9) of Section
405-105 of the Department of Central Management Services Law
(20 ILCS 405/405-105).
Beginning July 1, 1993, the item "personal services" and
related line items, when used in an appropriation Act or this
Act, shall also mean and include back wage claims of State
officers and employees to the extent those claims have not been
satisfied from the back wage appropriation to the Department of
Central Management Services in the preceding fiscal year, as
provided in Section 14b of this Act and subdivision (13) of
Section 405-105 of the Department of Central Management
Services Law (20 ILCS 405/405-105).
The item "personal services", when used with respect to
State police officers in an appropriation Act, also includes a
payment for the burial expenses of a State police officer
killed in the line of duty, made in accordance with Section

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12.2 of the Illinois State Police Act and any rules adopted
under that Section.
For State fiscal year 2005, the item "personal services",
when used in an appropriation Act, also includes payments for
employee retirement contributions paid by the employer.
(Source: P.A. 93-839, eff. 7-30-04.)
Section 335. The State Officers and Employees Money
Disposition Act is amended by changing Section 2 as follows:
(30 ILCS 230/2) (from Ch. 127, par. 171)
Sec. 2. Accounts of money received; payment into State
treasury.
(a) Every officer, board, commission, commissioner,
department, institution, arm or agency brought within the
provisions of this Act by Section 1 shall keep in proper books
a detailed itemized account of all moneys received for or on
behalf of the State of Illinois, showing the date of receipt,
the payor, and purpose and amount, and the date and manner of
disbursement as hereinafter provided, and, unless a different
time of payment is expressly provided by law or by rules or
regulations promulgated under subsection (b) of this Section,
shall pay into the State treasury the gross amount of money so
received on the day of actual physical receipt with respect to
any single item of receipt exceeding $10,000, within 24 hours
of actual physical receipt with respect to an accumulation of

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receipts of $10,000 or more, or within 48 hours of actual
physical receipt with respect to an accumulation of receipts
exceeding $500 but less than $10,000, disregarding holidays,
Saturdays and Sundays, after the receipt of same, without any
deduction on account of salaries, fees, costs, charges,
expenses or claims of any description whatever; provided that:
(1) the provisions of (i) Section 2505-475 of the
Department of Revenue Law (20 ILCS 2505/2505-475), (ii) any
specific taxing statute authorizing a claim for credit
procedure instead of the actual making of refunds, (iii)
Section 505 of the Illinois Controlled Substances Act, (iv)
Section 85 of the Methamphetamine Control and Community
Protection Act, authorizing the Director of the Illinois
State Police to dispose of forfeited property, which
includes the sale and disposition of the proceeds of the
sale of forfeited property, and the Department of Central
Management Services to be reimbursed for costs incurred
with the sales of forfeited vehicles, boats or aircraft and
to pay to bona fide or innocent purchasers, conditional
sales vendors or mortgagees of such vehicles, boats or
aircraft their interest in such vehicles, boats or
aircraft, and (v) Section 6b-2 of the State Finance Act,
establishing procedures for handling cash receipts from
the sale of pari-mutuel wagering tickets, shall not be
deemed to be in conflict with the requirements of this
Section;

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(2) any fees received by the State Registrar of Vital
Records pursuant to the Vital Records Act which are
insufficient in amount may be returned by the Registrar as
provided in that Act;
(3) any fees received by the Department of Public
Health under the Food Handling Regulation Enforcement Act
that are submitted for renewal of an expired food service
sanitation manager certificate may be returned by the
Director as provided in that Act;
(3.5) the State Treasurer may permit the deduction of
fees by third-party unclaimed property examiners from the
property recovered by the examiners for the State of
Illinois during examinations of holders located outside
the State under which the Office of the Treasurer has
agreed to pay for the examinations based upon a percentage,
in accordance with the Revised Uniform Unclaimed Property
Act, of the property recovered during the examination; and
(4) if the amount of money received does not exceed
$500, such money may be retained and need not be paid into
the State treasury until the total amount of money so
received exceeds $500, or until the next succeeding 1st or
15th day of each month (or until the next business day if
these days fall on Sunday or a holiday), whichever is
earlier, at which earlier time such money shall be paid
into the State treasury, except that if a local bank or
savings and loan association account has been authorized by

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law, any balances shall be paid into the State treasury on
Monday of each week if more than $500 is to be deposited in
any fund.
Single items of receipt exceeding $10,000 received after 2 p.m.
on a working day may be deemed to have been received on the
next working day for purposes of fulfilling the requirement
that the item be deposited on the day of actual physical
receipt.
No money belonging to or left for the use of the State
shall be expended or applied except in consequence of an
appropriation made by law and upon the warrant of the State
Comptroller. However, payments made by the Comptroller to
persons by direct deposit need not be made upon the warrant of
the Comptroller, but if not made upon a warrant, shall be made
in accordance with Section 9.02 of the State Comptroller Act.
All moneys so paid into the State treasury shall, unless
required by some statute to be held in the State treasury in a
separate or special fund, be covered into the General Revenue
Fund in the State treasury. Moneys received in the form of
checks, drafts or similar instruments shall be properly
endorsed, if necessary, and delivered to the State Treasurer
for collection. The State Treasurer shall remit such collected
funds to the depositing officer, board, commission,
commissioner, department, institution, arm or agency by
Treasurers Draft or through electronic funds transfer. The
draft or notification of the electronic funds transfer shall be

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provided to the State Comptroller to allow deposit into the
appropriate fund.
(b) Different time periods for the payment of public funds
into the State treasury or to the State Treasurer, in excess of
the periods established in subsection (a) of this Section, but
not in excess of 30 days after receipt of such funds, may be
established and revised from time to time by rules or
regulations promulgated jointly by the State Treasurer and the
State Comptroller in accordance with the Illinois
Administrative Procedure Act. The different time periods
established by rule or regulation under this subsection may
vary according to the nature and amounts of the funds received,
the locations at which the funds are received, whether
compliance with the deposit requirements specified in
subsection (a) of this Section would be cost effective, and
such other circumstances and conditions as the promulgating
authorities consider to be appropriate. The Treasurer and the
Comptroller shall review all such different time periods
established pursuant to this subsection every 2 years from the
establishment thereof and upon such review, unless it is
determined that it is economically unfeasible for the agency to
comply with the provisions of subsection (a), shall repeal such
different time period.
(Source: P.A. 100-22, eff. 1-1-18.)
Section 340. The Illinois Procurement Code is amended by

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changing Section 25-75 as follows:
(30 ILCS 500/25-75)
Sec. 25-75. Purchase of motor vehicles.
(a) Beginning on the effective date of this amendatory Act
of the 94th General Assembly, all gasoline-powered vehicles
purchased from State funds must be flexible fuel vehicles.
Beginning July 1, 2007, all gasoline-powered vehicles
purchased from State funds must be flexible fuel or fuel
efficient hybrid vehicles. For purposes of this Section,
"flexible fuel vehicles" are automobiles or light trucks that
operate on either gasoline or E-85 (85% ethanol, 15% gasoline)
fuel and "Fuel efficient hybrid vehicles" are automobiles or
light trucks that use a gasoline or diesel engine and an
electric motor to provide power and gain at least a 20%
increase in combined US-EPA city-highway fuel economy over the
equivalent or most-similar conventionally-powered model.
(b) On and after the effective date of this amendatory Act
of the 94th General Assembly, any vehicle purchased from State
funds that is fueled by diesel fuel shall be certified by the
manufacturer to run on 5% biodiesel (B5) fuel.
(b-5) On and after January 1, 2016, 15% of passenger
vehicles, other than Department of Corrections vehicles,
Secretary of State vehicles (except for mid-sized sedans), and
Illinois Department of State Police patrol vehicles, purchased
with State funds shall be vehicles fueled by electricity,

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electricity and gasohol (hybrids or plug-in hybrids),
compressed natural gas, liquid petroleum gas, or liquid natural
gas, including dedicated or non-dedicated fuel type vehicles.
(c) The Chief Procurement Officer may determine that
certain vehicle procurements are exempt from this Section based
on intended use or other reasonable considerations such as
health and safety of Illinois citizens.
(Source: P.A. 98-442, eff. 1-1-14; 98-759, eff. 7-16-14;
99-406, eff. 1-1-16.)
Section 345. The State Property Control Act is amended by
changing Sections 7, 7b and 7c as follows:
(30 ILCS 605/7) (from Ch. 127, par. 133b10)
Sec. 7. Disposition of transferable property.
(a) Except as provided in subsection (c), whenever a
responsible officer considers it advantageous to the State to
dispose of transferable property by trading it in for credit on
a replacement of like nature, the responsible officer shall
report the trade-in and replacement to the administrator on
forms furnished by the latter. The exchange, trade or transfer
of "textbooks" as defined in Section 18-17 of the School Code
between schools or school districts pursuant to regulations
adopted by the State Board of Education under that Section
shall not constitute a disposition of transferable property
within the meaning of this Section, even though such exchange,

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trade or transfer occurs within 5 years after the textbooks are
first provided for loan pursuant to Section 18-17 of the School
Code.
(b) Except as provided in subsection (c), whenever it is
deemed necessary to dispose of any item of transferable
property, the administrator shall proceed to dispose of the
property by sale or scrapping as the case may be, in whatever
manner he considers most advantageous and most profitable to
the State. Items of transferable property which would
ordinarily be scrapped and disposed of by burning or by burial
in a landfill may be examined and a determination made whether
the property should be recycled. This determination and any
sale of recyclable property shall be in accordance with rules
promulgated by the Administrator.
When the administrator determines that property is to be
disposed of by sale, he shall offer it first to the
municipalities, counties, and school districts of the State and
to charitable, not-for-profit educational and public health
organizations, including but not limited to medical
institutions, clinics, hospitals, health centers, schools,
colleges, universities, child care centers, museums, nursing
homes, programs for the elderly, food banks, State Use
Sheltered Workshops and the Boy and Girl Scouts of America, for
purchase at an appraised value. Notice of inspection or viewing
dates and property lists shall be distributed in the manner
provided in rules and regulations promulgated by the

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Administrator for that purpose.
Electronic data processing equipment purchased and charged
to appropriations may, at the discretion of the administrator,
be sold, pursuant to contracts entered into by the Director of
Central Management Services or the heads of agencies exempt
from "The Illinois Purchasing Act". However such equipment
shall not be sold at prices less than the purchase cost thereof
or depreciated value as determined by the administrator. No
sale of the electronic data processing equipment and lease to
the State by the purchaser of such equipment shall be made
under this Act unless the Director of Central Management
Services finds that such contracts are financially
advantageous to the State.
Disposition of other transferable property by sale, except
sales directly to local governmental units, school districts,
and not-for-profit educational, charitable and public health
organizations, shall be subject to the following minimum
conditions:
(1) The administrator shall cause the property to be
advertised for sale to the highest responsible bidder,
stating time, place, and terms of such sale at least 7 days
prior to the time of sale and at least once in a newspaper
having a general circulation in the county where the
property is to be sold.
(2) If no acceptable bids are received, the
administrator may then sell the property in whatever manner

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he considers most advantageous and most profitable to the
State.
(c) Notwithstanding any other provision of this Act, an
agency covered by this Act may transfer books, serial
publications, or other library materials that are transferable
property, or that have been withdrawn from the agency's library
collection through a regular collection evaluation process, to
any of the following entities:
(1) Another agency covered by this Act located in
Illinois.
(2) A State supported university library located in
Illinois.
(3) A tax-supported public library located in
Illinois, including a library established by a public
library district.
(4) A library system organized under the Illinois
Library System Act or any library located in Illinois that
is a member of such a system.
(5) A non-profit agency, located in or outside
Illinois.
A transfer of property under this subsection is not subject
to the requirements of subsection (a) or (b).
In addition, an agency covered by this Act may sell or
exchange books, serial publications, and other library
materials that have been withdrawn from its library collection
through a regular collection evaluation process. Those items

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may be sold to the public at library book sales or to book
dealers or may be offered through exchange to book dealers or
other organizations. Revenues generated from the sale of
withdrawn items shall be retained by the agency in a separate
account to be used solely for the purchase of library
materials; except that in the case of the State Library,
revenues from the sale of withdrawn items shall be deposited
into the State Library Fund to be used for the purposes stated
in Section 25 of the State Library Act.
For purposes of this subsection (c), "library materials"
means physical entities of any substance that serve as carriers
of information, including, without limitation, books, serial
publications, periodicals, microforms, graphics, audio or
video recordings, and machine readable data files.
(d) Notwithstanding any other provision of this Act, the
Director of the Illinois State Police may dispose of a service
firearm or police badge issued or previously issued to a
retiring or separating State Police officer as provided in
Section 17b of the Illinois State Police Act. The Director of
Natural Resources may dispose of a service firearm or police
badge issued previously to a retiring Conservation Police
Officer as provided in Section 805-538 of the Department of
Natural Resources (Conservation) Law of the Civil
Administrative Code of Illinois. The Director of the Secretary
of State Department of Police may dispose of a service firearm
or police badge issued or previously issued to a retiring

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Secretary of State Police officer, inspector, or investigator
as provided in Section 2-116 of the Illinois Vehicle Code. The
Office of the State Fire Marshal may dispose of a service
firearm or badge previously issued to a State Fire Marshal
Arson Investigator Special Agent who is honorably retiring or
separating in good standing as provided in subsection (c) of
Section 1 of the Peace Officer Fire Investigation Act.
(Source: P.A. 100-931, eff. 8-17-18.)
(30 ILCS 605/7b)
Sec. 7b. Maintenance and operation of Illinois State Police
vehicles. All proceeds received by the Department of Central
Management Services under this Act from the sale of vehicles
operated by the Illinois Department of State Police, except for
a $500 handling fee to be retained by the Department of Central
Management Services for each vehicle sold, shall be deposited
into the State Police Vehicle Maintenance Fund. However, in
lieu of the $500 handling fee as provided by this paragraph,
the Department of Central Management Services shall retain all
proceeds from the sale of any vehicle for which $500 or a
lesser amount is collected.
The State Police Vehicle Maintenance Fund is created as a
special fund in the State treasury. All moneys in the State
Police Vehicle Maintenance Fund, subject to appropriation,
shall be used by the Illinois Department of State Police for
the maintenance and operation of vehicles for that Department.

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(Source: P.A. 94-839, eff. 6-6-06.)
(30 ILCS 605/7c)
Sec. 7c. Acquisition of Illinois State Police vehicles. The
State Police Vehicle Fund is created as a special fund in the
State treasury. All moneys in the Fund, subject to
appropriation, shall be used by the Illinois Department of
State Police:
(1) for the acquisition of vehicles for that
Department; or
(2) for debt service on bonds issued to finance the
acquisition of vehicles for that Department.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 350. The State Vehicle Identification Act is
amended by changing Section 4 as follows:
(30 ILCS 610/4) (from Ch. 127, par. 133e4)
Sec. 4. This Act shall not apply to vehicles used by
elective State officers, by executive heads of State agencies
and departments, by presidents of colleges or universities
placed under control of officers of this State, or by any
employee of a State agency or department in the performance of
investigative services exclusively when the executive head
thereof has requested an exception in writing, and such
exception has been approved in writing by the Department, on

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the basis that the identification would hamper the individual
employee in the routine performance of his investigative
duties. A record, open to public inspection, shall be kept by
the Department of all such exceptions approved by it.
This Act shall not apply to vehicles assigned to the use of
the Illinois Department of State Police and the Division of Law
Enforcement of the Department of Natural Resources, and the
executive heads thereof shall have within their discretion
determination of the type of markings or identification, if
any, to be affixed to vehicles assigned to said Department or
Division nor shall this Act apply to vehicles assigned to the
use of Secretary of State police officers.
(Source: P.A. 89-445, eff. 2-7-96.)
Section 355. The Intergovernmental Drug Laws Enforcement
Act is amended by changing Sections 2.01, 3, 4, 5, and 5.1 as
follows:
(30 ILCS 715/2.01) (from Ch. 56 1/2, par. 1702.01)
Sec. 2.01. "Department" means the Department of State
Police and "Director" means the Director of the Illinois State
Police.
(Source: P.A. 84-25.)
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
Sec. 3. A Metropolitan Enforcement Group which meets the

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minimum criteria established in this Section is eligible to
receive State grants to help defray the costs of operation. To
be eligible a MEG must:
(1) Be established and operating pursuant to
intergovernmental contracts written and executed in
conformity with the Intergovernmental Cooperation Act, and
involve 2 or more units of local government.
(2) Establish a MEG Policy Board composed of an elected
official, or his designee, and the chief law enforcement
officer, or his designee, from each participating unit of
local government to oversee the operations of the MEG and
make such reports to the Illinois Department of State
Police as the Illinois State Police Department may require.
(3) Designate a single appropriate elected official of
a participating unit of local government to act as the
financial officer of the MEG for all participating units of
local government and to receive funds for the operation of
the MEG.
(4) Limit its operations to enforcement of drug laws;
enforcement of Sections 24-2.1, 24-2.2, 24-3, 24-3.1,
24-3.3, 24-3.4, 24-4, and 24-5 and subsections 24-1(a)(4),
24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), and
24-1(c) of the Criminal Code of 2012; and the investigation
of streetgang related offenses.
(5) Cooperate with the Illinois Department of State
Police in order to assure compliance with this Act and to

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enable the Illinois State Police Department to fulfill its
duties under this Act, and supply the Illinois State Police
Department with all information the Illinois State Police
Department deems necessary therefor.
(6) Receive funding of at least 50% of the total
operating budget of the MEG from the participating units of
local government.
(Source: P.A. 97-1150, eff. 1-25-13.)
(30 ILCS 715/4) (from Ch. 56 1/2, par. 1704)
Sec. 4. The Illinois Department of State Police shall
monitor the operations of all MEG units and determine their
eligibility to receive State grants under this Act. From the
moneys appropriated annually by the General Assembly for this
purpose, the Director shall determine and certify to the
Comptroller the amount of the grant to be made to each
designated MEG financial officer. The amount of the State grant
which a MEG may receive hereunder may not exceed 50% of the
total operating budget of that MEG.
(Source: P.A. 84-25.)
(30 ILCS 715/5) (from Ch. 56 1/2, par. 1705)
Sec. 5. The Illinois Department of State Police shall
coordinate the operations of all MEG units and may establish
such reasonable rules and regulations and conduct those
investigations the Director deems necessary to carry out its

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duties under this Act, including the establishment of forms for
reporting by each MEG to the Illinois State Police Department.
(Source: P.A. 84-25.)
(30 ILCS 715/5.1) (from Ch. 56 1/2, par. 1705.1)
Sec. 5.1. The Director may assign the functions and duties
created under this Act to be administered by the Illinois
Department of State Police, Division of Investigation.
(Source: P.A. 84-25.)
Section 360. The State Mandates Act is amended by changing
Section 8.40 as follows:
(30 ILCS 805/8.40)
Sec. 8.40. Exempt mandate.
(a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 99-683, 99-745, or 99-905.
(b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Section 40 of the Illinois State
Police Act and Section 10.19 of the Illinois Police Training
Act.
(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;
99-745, eff. 8-5-16; 99-905, eff. 11-29-16; 100-201, eff.
8-18-17.)

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Section 365. The Illinois Income Tax Act is amended by
changing Section 1109 as follows:
(35 ILCS 5/1109) (from Ch. 120, par. 11-1109)
Sec. 1109. Demand and Seizure. In addition to any other
remedy provided for by the laws of this State, if the tax
imposed by this Act is not paid within the time required by
this Act, the Department, or some person designated by it, may
cause a demand to be made on the taxpayer for the payment
thereof. If such tax remains unpaid for 10 days after such
demand has been made and no proceedings have been taken to
review the same, the Department may issue a warrant directed to
any sheriff or other person authorized to serve process,
commanding the sheriff or other person to levy upon the
property and rights to property (whether real or personal,
tangible or intangible) of the taxpayer, without exemption,
found within his jurisdiction, for the payment of the amount
thereof with the added penalties, interest and the cost of
executing the warrant. The term "levy" includes the power of
distraint and seizure by any means. In any case in which the
warrant to levy has been issued, the sheriff or other person to
whom the warrant was directed may seize and sell such property
or rights to property. Such warrant shall be returned to the
Department together with the money collected by virtue thereof
within the time therein specified, which shall not be less than

SB3642 - 489 - LRB101 20589 WGH 70218 b
20 nor more than 90 days from the date of the warrant. The
sheriff or other person to whom such warrant is directed shall
proceed in the same manner as prescribed by law in respect to
the enforcement against property upon judgments by a court, and
shall be entitled to the same fees for his services in
executing the warrant, to be collected in the same manner. The
Department, or some officer, employee or agent designated by
it, is hereby authorized to bid for and purchase any property
sold under the provisions hereof. No proceedings for a levy
under this Section shall be commenced more than 20 years after
the latest date for filing of the notice of lien under the
provisions of Section 1103, without regard to whether such
notice was actually filed.
Any officer or employee of the Department designated in
writing by the Director is authorized to serve process under
this Section to levy upon accounts or other intangible assets
of a taxpayer held by a financial organization, as defined in
Section 1501 of this Act. In addition to any other provisions
of this Section, any officer or employee of the Department
designated in writing by the Director may levy upon the
following property and rights to property belonging to a
taxpayer: contractual payments, accounts and notes receivable
and other evidences of debt, and interest on bonds, by serving
a notice of levy on the person making such payment. Levy shall
not be made until the Department has caused a demand to be made
on the taxpayer in the manner provided above. In addition to

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any other provisions of this Section, any officer or employee
of the Department designated in writing by the Director, may
levy upon the salary, wages, commissions and bonuses of any
employee, including officers, employees, or elected officials
of the United States as authorized by Section 5520a of the
Government Organization and Employees Act (5 U.S.C. 5520a), but
not upon the salary or wages of officers, employees, or elected
officials of any state other than this State, by serving a
notice of levy on the employer, as defined in Section 701(d).
Levy shall not be made until the Department has caused a demand
to be made on the employee in the manner provided above. The
provisions of Section 12-803 of the Code of Civil Procedure
relating to maximum compensation subject to collection under
wage deduction orders shall apply to all levies made upon
compensation under this Section. To the extent of the amount
due on the levy, the employer or other person making payments
to the taxpayer shall hold any non-exempt wages or other
payments due or which subsequently come due. The levy or
balance due thereon is a lien on wages or other payments due at
the time of the service of the notice of levy, and such lien
shall continue as to subsequent earnings and other payments
until the total amount due upon the levy is paid, except that
such lien on subsequent earnings or other payments shall
terminate sooner if the employment relationship is terminated
or if the notice of levy is rescinded or modified. The employer
or other person making payments to the taxpayer shall file, on

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or before the return dates stated in the notice of levy (which
shall not be more often than bimonthly) a written answer under
oath to interrogatories, setting forth the amount due as wages
or other payments to the taxpayer for the payment periods
ending immediately prior to the appropriate return date. A lien
obtained hereunder shall have priority over any subsequent lien
obtained pursuant to Section 12-808 of the Code of Civil
Procedure, except that liens for the support of a spouse or
dependent children shall have priority over all liens obtained
hereunder.
In any case where property or rights to property have been
seized by an officer of the Illinois Department of State
Police, or successor agency thereto, under the authority of a
warrant to levy issued by the Department of Revenue, the
Department of Revenue may take possession of and may sell such
property or rights to property and the Department of Revenue
may contract with third persons to conduct sales of such
property or rights to the property. In the conduct of such
sales, the Department of Revenue shall proceed in the same
manner as is prescribed by law for proceeding against property
to enforce judgments which are entered by a circuit court of
this State. If, in the Department of Revenue's opinion, no
offer to purchase at such sale is acceptable and the State's
interest would be better served by retaining the property for
sale at a later date, then the Department may decline to accept
any bid and may retain the property for sale at a later date.

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(Source: P.A. 89-399, eff. 8-20-95.)
Section 370. The Cigarette Use Tax Act is amended by
changing Section 3-10 as follows:
(35 ILCS 135/3-10)
Sec. 3-10. Cigarette enforcement.
(a) Prohibitions. It is unlawful for any person:
(1) to sell or distribute in this State; to acquire,
hold, own, possess, or transport, for sale or distribution
in this State; or to import, or cause to be imported into
this State for sale or distribution in this State:
(A) any cigarettes the package of which:
(i) bears any statement, label, stamp,
sticker, or notice indicating that the
manufacturer did not intend the cigarettes to be
sold, distributed, or used in the United States,
including but not limited to labels stating "For
Export Only", "U.S. Tax Exempt", "For Use Outside
U.S.", or similar wording; or
(ii) does not comply with:
(aa) all requirements imposed by or
pursuant to federal law regarding warnings and
other information on packages of cigarettes
manufactured, packaged, or imported for sale,
distribution, or use in the United States,

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including but not limited to the precise
warning labels specified in the federal
Cigarette Labeling and Advertising Act, 15
U.S.C. 1333; and
(bb) all federal trademark and copyright
laws;
(B) any cigarettes imported into the United States
in violation of 26 U.S.C. 5754 or any other federal
law, or implementing federal regulations;
(C) any cigarettes that such person otherwise
knows or has reason to know the manufacturer did not
intend to be sold, distributed, or used in the United
States; or
(D) any cigarettes for which there has not been
submitted to the Secretary of the U.S. Department of
Health and Human Services the list or lists of the
ingredients added to tobacco in the manufacture of the
cigarettes required by the federal Cigarette Labeling
and Advertising Act, 15 U.S.C. 1335a;
(2) to alter the package of any cigarettes, prior to
sale or distribution to the ultimate consumer, so as to
remove, conceal, or obscure:
(A) any statement, label, stamp, sticker, or
notice described in subdivision (a)(1)(A)(i) of this
Section;
(B) any health warning that is not specified in, or

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does not conform with the requirements of, the federal
Cigarette Labeling and Advertising Act, 15 U.S.C.
1333; or
(3) to affix any stamp required pursuant to this Act to
the package of any cigarettes described in subdivision
(a)(1) of this Section or altered in violation of
subdivision (a)(2).
(b) Documentation. On the first business day of each month,
each person licensed to affix the State tax stamp to cigarettes
shall file with the Department, for all cigarettes imported
into the United States to which the person has affixed the tax
stamp in the preceding month:
(1) a copy of:
(A) the permit issued pursuant to the Internal
Revenue Code, 26 U.S.C. 5713, to the person importing
the cigarettes into the United States allowing the
person to import the cigarettes; and
(B) the customs form containing, with respect to
the cigarettes, the internal revenue tax information
required by the U.S. Bureau of Alcohol, Tobacco and
Firearms;
(2) a statement, signed by the person under penalty of
perjury, which shall be treated as confidential by the
Department and exempt from disclosure under the Freedom of
Information Act, identifying the brand and brand styles of
all such cigarettes, the quantity of each brand style of

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such cigarettes, the supplier of such cigarettes, and the
person or persons, if any, to whom such cigarettes have
been conveyed for resale; and a separate statement, signed
by the individual under penalty of perjury, which shall not
be treated as confidential or exempt from disclosure,
separately identifying the brands and brand styles of such
cigarettes; and
(3) a statement, signed by an officer of the
manufacturer or importer under penalty of perjury,
certifying that the manufacturer or importer has complied
with:
(A) the package health warning and ingredient
reporting requirements of the federal Cigarette
Labeling and Advertising Act, 15 U.S.C. 1333 and 1335a,
with respect to such cigarettes; and
(B) the provisions of Exhibit T of the Master
Settlement Agreement entered in the case of People of
the State of Illinois v. Philip Morris, et al. (Circuit
Court of Cook County, No. 96-L13146), including a
statement indicating whether the manufacturer is, or
is not, a participating tobacco manufacturer within
the meaning of Exhibit T.
(c) Administrative sanctions.
(1) Upon finding that a distributor, secondary
distributor, retailer, or a person has committed any of the
acts prohibited by subsection (a), knowing or having reason

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to know that he or she has done so, or upon finding that a
distributor or person has failed to comply with any
requirement of subsection (b), the Department may revoke or
suspend the license or licenses of any distributor,
retailer, or secondary distributor pursuant to the
procedures set forth in Section 6 and impose on the
distributor, secondary distributor, retailer, or person, a
civil penalty in an amount not to exceed the greater of
500% of the retail value of the cigarettes involved or
$5,000.
(2) Cigarettes that are acquired, held, owned,
possessed, transported in, imported into, or sold or
distributed in this State in violation of this Section
shall be deemed contraband under this Act and are subject
to seizure and forfeiture as provided in this Act, and all
such cigarettes seized and forfeited shall be destroyed or
maintained and used in an undercover capacity. Such
cigarettes shall be deemed contraband whether the
violation of this Section is knowing or otherwise.
(d) Unfair trade practices. In addition to any other
penalties provided for in this Act, a violation of subsection
(a) or subsection (b) of this Section shall constitute an
unlawful practice as provided in the Consumer Fraud and
Deceptive Business Practices Act.
(d-1) Retailers who are licensed under Section 4g of the
Cigarette Tax Act and secondary distributors shall not be

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liable under subsections (c)(1) and (d) of this Section for
unknowingly possessing, selling, or distributing to consumers
or users cigarettes identified in subsection (a)(1) of this
Section if the cigarettes possessed, sold, or distributed by
the licensed retailer were obtained from a distributor or
secondary distributor licensed under this Act or the Cigarette
Tax Act.
(d-2) Criminal Penalties. A distributor, secondary
distributor, retailer, or person who violates subsection (a),
or a distributor, secondary distributor, or person who violates
subsection (b) of this Section shall be guilty of a Class 4
felony.
(e) Unfair cigarette sales. For purposes of the Trademark
Registration and Protection Act and the Counterfeit Trademark
Act, cigarettes imported or reimported into the United States
for sale or distribution under any trade name, trade dress, or
trademark that is the same as, or is confusingly similar to,
any trade name, trade dress, or trademark used for cigarettes
manufactured in the United States for sale or distribution in
the United States shall be presumed to have been purchased
outside of the ordinary channels of trade.
(f) General provisions.
(1) This Section shall be enforced by the Department;
provided that, at the request of the Director of Revenue or
the Director's duly authorized agent, the Illinois State
Police police and all local police authorities shall

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enforce the provisions of this Section. The Attorney
General has concurrent power with the State's Attorney of
any county to enforce this Section.
(2) For the purpose of enforcing this Section, the
Director of Revenue and any agency to which the Director
has delegated enforcement responsibility pursuant to
subdivision (f)(1) may request information from any State
or local agency and may share information with and request
information from any federal agency and any agency of any
other state or any local agency of any other state.
(3) In addition to any other remedy provided by law,
including enforcement as provided in subdivision (f)(1),
any person may bring an action for appropriate injunctive
or other equitable relief for a violation of this Section;
actual damages, if any, sustained by reason of the
violation; and, as determined by the court, interest on the
damages from the date of the complaint, taxable costs, and
reasonable attorney's fees. If the trier of fact finds that
the violation is flagrant, it may increase recovery to an
amount not in excess of 3 times the actual damages
sustained by reason of the violation.
(g) Definitions. As used in this Section:
"Importer" means that term as defined in 26 U.S.C. 5702(1).
"Package" means that term as defined in 15 U.S.C. 1332(4).
(h) Applicability.
(1) This Section does not apply to:

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(A) cigarettes allowed to be imported or brought
into the United States for personal use; and
(B) cigarettes sold or intended to be sold as
duty-free merchandise by a duty-free sales enterprise
in accordance with the provisions of 19 U.S.C. 1555(b)
and any implementing regulations; except that this
Section shall apply to any such cigarettes that are
brought back into the customs territory for resale
within the customs territory.
(2) The penalties provided in this Section are in
addition to any other penalties imposed under other
provision of law.
(Source: P.A. 98-1055, eff. 1-1-16.)
Section 380. The Illinois Pension Code is amended by
changing Sections 14-103.05, 14-110, 14-123.1, and 14-124 as
follows:
(40 ILCS 5/14-103.05) (from Ch. 108 1/2, par. 14-103.05)
Sec. 14-103.05. Employee.
(a) Any person employed by a Department who receives salary
for personal services rendered to the Department on a warrant
issued pursuant to a payroll voucher certified by a Department
and drawn by the State Comptroller upon the State Treasurer,
including an elected official described in subparagraph (d) of
Section 14-104, shall become an employee for purpose of

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membership in the Retirement System on the first day of such
employment.
A person entering service on or after January 1, 1972 and
prior to January 1, 1984 shall become a member as a condition
of employment and shall begin making contributions as of the
first day of employment.
A person entering service on or after January 1, 1984
shall, upon completion of 6 months of continuous service which
is not interrupted by a break of more than 2 months, become a
member as a condition of employment. Contributions shall begin
the first of the month after completion of the qualifying
period.
A person employed by the Chicago Metropolitan Agency for
Planning on the effective date of this amendatory Act of the
95th General Assembly who was a member of this System as an
employee of the Chicago Area Transportation Study and makes an
election under Section 14-104.13 to participate in this System
for his or her employment with the Chicago Metropolitan Agency
for Planning.
The qualifying period of 6 months of service is not
applicable to: (1) a person who has been granted credit for
service in a position covered by the State Universities
Retirement System, the Teachers' Retirement System of the State
of Illinois, the General Assembly Retirement System, or the
Judges Retirement System of Illinois unless that service has
been forfeited under the laws of those systems; (2) a person

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entering service on or after July 1, 1991 in a noncovered
position; (3) a person to whom Section 14-108.2a or 14-108.2b
applies; or (4) a person to whom subsection (a-5) of this
Section applies.
(a-5) A person entering service on or after December 1,
2010 shall become a member as a condition of employment and
shall begin making contributions as of the first day of
employment. A person serving in the qualifying period on
December 1, 2010 will become a member on December 1, 2010 and
shall begin making contributions as of December 1, 2010.
(b) The term "employee" does not include the following:
(1) members of the State Legislature, and persons
electing to become members of the General Assembly
Retirement System pursuant to Section 2-105;
(2) incumbents of offices normally filled by vote of
the people;
(3) except as otherwise provided in this Section, any
person appointed by the Governor with the advice and
consent of the Senate unless that person elects to
participate in this system;
(3.1) any person serving as a commissioner of an ethics
commission created under the State Officials and Employees
Ethics Act unless that person elects to participate in this
system with respect to that service as a commissioner;
(3.2) any person serving as a part-time employee in any
of the following positions: Legislative Inspector General,

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Special Legislative Inspector General, employee of the
Office of the Legislative Inspector General, Executive
Director of the Legislative Ethics Commission, or staff of
the Legislative Ethics Commission, regardless of whether
he or she is in active service on or after July 8, 2004
(the effective date of Public Act 93-685), unless that
person elects to participate in this System with respect to
that service; in this item (3.2), a "part-time employee" is
a person who is not required to work at least 35 hours per
week;
(3.3) any person who has made an election under Section
1-123 and who is serving either as legal counsel in the
Office of the Governor or as Chief Deputy Attorney General;
(4) except as provided in Section 14-108.2 or
14-108.2c, any person who is covered or eligible to be
covered by the Teachers' Retirement System of the State of
Illinois, the State Universities Retirement System, or the
Judges Retirement System of Illinois;
(5) an employee of a municipality or any other
political subdivision of the State;
(6) any person who becomes an employee after June 30,
1979 as a public service employment program participant
under the Federal Comprehensive Employment and Training
Act and whose wages or fringe benefits are paid in whole or
in part by funds provided under such Act;
(7) enrollees of the Illinois Young Adult Conservation

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Corps program, administered by the Department of Natural
Resources, authorized grantee pursuant to Title VIII of the
"Comprehensive Employment and Training Act of 1973", 29 USC
993, as now or hereafter amended;
(8) enrollees and temporary staff of programs
administered by the Department of Natural Resources under
the Youth Conservation Corps Act of 1970;
(9) any person who is a member of any professional
licensing or disciplinary board created under an Act
administered by the Department of Professional Regulation
or a successor agency or created or re-created after the
effective date of this amendatory Act of 1997, and who
receives per diem compensation rather than a salary,
notwithstanding that such per diem compensation is paid by
warrant issued pursuant to a payroll voucher; such persons
have never been included in the membership of this System,
and this amendatory Act of 1987 (P.A. 84-1472) is not
intended to effect any change in the status of such
persons;
(10) any person who is a member of the Illinois Health
Care Cost Containment Council, and receives per diem
compensation rather than a salary, notwithstanding that
such per diem compensation is paid by warrant issued
pursuant to a payroll voucher; such persons have never been
included in the membership of this System, and this
amendatory Act of 1987 is not intended to effect any change

SB3642 - 504 - LRB101 20589 WGH 70218 b
in the status of such persons;
(11) any person who is a member of the Oil and Gas
Board created by Section 1.2 of the Illinois Oil and Gas
Act, and receives per diem compensation rather than a
salary, notwithstanding that such per diem compensation is
paid by warrant issued pursuant to a payroll voucher;
(12) a person employed by the State Board of Higher
Education in a position with the Illinois Century Network
as of June 30, 2004, who remains continuously employed
after that date by the Department of Central Management
Services in a position with the Illinois Century Network
and participates in the Article 15 system with respect to
that employment;
(13) any person who first becomes a member of the Civil
Service Commission on or after January 1, 2012;
(14) any person, other than the Director of Employment
Security, who first becomes a member of the Board of Review
of the Department of Employment Security on or after
January 1, 2012;
(15) any person who first becomes a member of the Civil
Service Commission on or after January 1, 2012;
(16) any person who first becomes a member of the
Illinois Liquor Control Commission on or after January 1,
2012;
(17) any person who first becomes a member of the
Secretary of State Merit Commission on or after January 1,

SB3642 - 505 - LRB101 20589 WGH 70218 b
2012;
(18) any person who first becomes a member of the Human
Rights Commission on or after January 1, 2012 unless he or
she is eligible to participate in accordance with
subsection (d) of this Section;
(19) any person who first becomes a member of the State
Mining Board on or after January 1, 2012;
(20) any person who first becomes a member of the
Property Tax Appeal Board on or after January 1, 2012;
(21) any person who first becomes a member of the
Illinois Racing Board on or after January 1, 2012;
(22) any person who first becomes a member of the
Illinois Department of State Police Merit Board on or after
January 1, 2012;
(23) any person who first becomes a member of the
Illinois State Toll Highway Authority on or after January
1, 2012; or
(24) any person who first becomes a member of the
Illinois State Board of Elections on or after January 1,
2012.
(c) An individual who represents or is employed as an
officer or employee of a statewide labor organization that
represents members of this System may participate in the System
and shall be deemed an employee, provided that (1) the
individual has previously earned creditable service under this
Article, (2) the individual files with the System an

SB3642 - 506 - LRB101 20589 WGH 70218 b
irrevocable election to become a participant within 6 months
after the effective date of this amendatory Act of the 94th
General Assembly, and (3) the individual does not receive
credit for that employment under any other provisions of this
Code. An employee under this subsection (c) is responsible for
paying to the System both (i) employee contributions based on
the actual compensation received for service with the labor
organization and (ii) employer contributions based on the
percentage of payroll certified by the board; all or any part
of these contributions may be paid on the employee's behalf or
picked up for tax purposes (if authorized under federal law) by
the labor organization.
A person who is an employee as defined in this subsection
(c) may establish service credit for similar employment prior
to becoming an employee under this subsection by paying to the
System for that employment the contributions specified in this
subsection, plus interest at the effective rate from the date
of service to the date of payment. However, credit shall not be
granted under this subsection (c) for any such prior employment
for which the applicant received credit under any other
provision of this Code or during which the applicant was on a
leave of absence.
(d) A person appointed as a member of the Human Rights
Commission on or after June 1, 2019 may elect to participate in
the System and shall be deemed an employee. Service and
contributions shall begin on the first payroll period

SB3642 - 507 - LRB101 20589 WGH 70218 b
immediately following the employee's election to participate
in the System.
A person who is an employee as described in this subsection
(d) may establish service credit for employment as a Human
Rights Commissioner that occurred on or after June 1, 2019 and
before establishing service under this subsection by paying to
the System for that employment the contributions specified in
paragraph (1) of subsection (a) of Section 14-133, plus regular
interest from the date of service to the date of payment.
(Source: P.A. 101-10, eff. 6-5-19.)
(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not less
than 20 years of eligible creditable service and has attained
age 55, and any member who has withdrawn from service with not
less than 25 years of eligible creditable service and has
attained age 50, regardless of whether the attainment of either
of the specified ages occurs while the member is still in
service, shall be entitled to receive at the option of the
member, in lieu of the regular or minimum retirement annuity, a
retirement annuity computed as follows:
(i) for periods of service as a noncovered employee: if
retirement occurs on or after January 1, 2001, 3% of final
average compensation for each year of creditable service;
if retirement occurs before January 1, 2001, 2 1/4% of

SB3642 - 508 - LRB101 20589 WGH 70218 b
final average compensation for each of the first 10 years
of creditable service, 2 1/2% for each year above 10 years
to and including 20 years of creditable service, and 2 3/4%
for each year of creditable service above 20 years; and
(ii) for periods of eligible creditable service as a
covered employee: if retirement occurs on or after January
1, 2001, 2.5% of final average compensation for each year
of creditable service; if retirement occurs before January
1, 2001, 1.67% of final average compensation for each of
the first 10 years of such service, 1.90% for each of the
next 10 years of such service, 2.10% for each year of such
service in excess of 20 but not exceeding 30, and 2.30% for
each year in excess of 30.
Such annuity shall be subject to a maximum of 75% of final
average compensation if retirement occurs before January 1,
2001 or to a maximum of 80% of final average compensation if
retirement occurs on or after January 1, 2001.
These rates shall not be applicable to any service
performed by a member as a covered employee which is not
eligible creditable service. Service as a covered employee
which is not eligible creditable service shall be subject to
the rates and provisions of Section 14-108.
(b) For the purpose of this Section, "eligible creditable
service" means creditable service resulting from service in one
or more of the following positions:
(1) State policeman;

SB3642 - 509 - LRB101 20589 WGH 70218 b
(2) fire fighter in the fire protection service of a
department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer;
(7) investigator for the Department of Revenue or the
Illinois Gaming Board;
(8) security employee of the Department of Human
Services;
(9) Central Management Services security police
officer;
(10) security employee of the Department of
Corrections or the Department of Juvenile Justice;
(11) dangerous drugs investigator;
(12) investigator for the Illinois Department of State
Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer;
(17) arson investigator;
(18) State highway maintenance worker;
(19) security employee of the Department of Innovation

SB3642 - 510 - LRB101 20589 WGH 70218 b
and Technology; or
(20) transferred employee.
A person employed in one of the positions specified in this
subsection is entitled to eligible creditable service for
service credit earned under this Article while undergoing the
basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position. For
the purposes of this Code, service during the required basic
police training course shall be deemed performance of the
duties of the specified position, even though the person is not
a sworn peace officer at the time of the training.
A person under paragraph (20) is entitled to eligible
creditable service for service credit earned under this Article
on and after his or her transfer by Executive Order No.
2003-10, Executive Order No. 2004-2, or Executive Order No.
2016-1.
(c) For the purposes of this Section:
(1) The term "State policeman" includes any title or
position in the Illinois Department of State Police that is
held by an individual employed under the Illinois State
Police Act.
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such fire
protection service including fire chiefs and assistant
fire chiefs.

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(3) The term "air pilot" includes any employee whose
official job description on file in the Department of
Central Management Services, or in the department by which
he is employed if that department is not covered by the
Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's license;
however, the change in this definition made by this
amendatory Act of 1983 shall not operate to exclude any
noncovered employee who was an "air pilot" for the purposes
of this Section on January 1, 1984.
(4) The term "special agent" means any person who by
reason of employment by the Division of Narcotic Control,
the Bureau of Investigation or, after July 1, 1977, the
Division of Criminal Investigation, the Division of
Internal Investigation, the Division of Operations, the
Division of Patrol Operations, or any other Division or
organizational entity in the Illinois Department of State
Police is vested by law with duties to maintain public
order, investigate violations of the criminal law of this
State, enforce the laws of this State, make arrests and
recover property. The term "special agent" includes any
title or position in the Illinois Department of State
Police that is held by an individual employed under the
Illinois State Police Act.
(5) The term "investigator for the Secretary of State"
means any person employed by the Office of the Secretary of

SB3642 - 512 - LRB101 20589 WGH 70218 b
State and vested with such investigative duties as render
him ineligible for coverage under the Social Security Act
by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act.
A person who became employed as an investigator for the
Secretary of State between January 1, 1967 and December 31,
1975, and who has served as such until attainment of age
60, either continuously or with a single break in service
of not more than 3 years duration, which break terminated
before January 1, 1976, shall be entitled to have his
retirement annuity calculated in accordance with
subsection (a), notwithstanding that he has less than 20
years of credit for such service.
(6) The term "Conservation Police Officer" means any
person employed by the Division of Law Enforcement of the
Department of Natural Resources and vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
term "Conservation Police Officer" includes the positions
of Chief Conservation Police Administrator and Assistant
Conservation Police Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of
Revenue and vested with such investigative duties as render
him ineligible for coverage under the Social Security Act

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by reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act.
The term "investigator for the Illinois Gaming Board"
means any person employed as such by the Illinois Gaming
Board and vested with such peace officer duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act.
(8) The term "security employee of the Department of
Human Services" means any person employed by the Department
of Human Services who (i) is employed at the Chester Mental
Health Center and has daily contact with the residents
thereof, (ii) is employed within a security unit at a
facility operated by the Department and has daily contact
with the residents of the security unit, (iii) is employed
at a facility operated by the Department that includes a
security unit and is regularly scheduled to work at least
50% of his or her working hours within that security unit,
or (iv) is a mental health police officer. "Mental health
police officer" means any person employed by the Department
of Human Services in a position pertaining to the
Department's mental health and developmental disabilities
functions who is vested with such law enforcement duties as
render the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. "Security unit"

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means that portion of a facility that is devoted to the
care, containment, and treatment of persons committed to
the Department of Human Services as sexually violent
persons, persons unfit to stand trial, or persons not
guilty by reason of insanity. With respect to past
employment, references to the Department of Human Services
include its predecessor, the Department of Mental Health
and Developmental Disabilities.
The changes made to this subdivision (c)(8) by Public
Act 92-14 apply to persons who retire on or after January
1, 2001, notwithstanding Section 1-103.1.
(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) For a member who first became an employee under
this Article before July 1, 2005, the term "security
employee of the Department of Corrections or the Department
of Juvenile Justice" means any employee of the Department
of Corrections or the Department of Juvenile Justice or the
former Department of Personnel, and any member or employee
of the Prisoner Review Board, who has daily contact with
inmates or youth by working within a correctional facility
or Juvenile facility operated by the Department of Juvenile

SB3642 - 515 - LRB101 20589 WGH 70218 b
Justice or who is a parole officer or an employee who has
direct contact with committed persons in the performance of
his or her job duties. For a member who first becomes an
employee under this Article on or after July 1, 2005, the
term means an employee of the Department of Corrections or
the Department of Juvenile Justice who is any of the
following: (i) officially headquartered at a correctional
facility or Juvenile facility operated by the Department of
Juvenile Justice, (ii) a parole officer, (iii) a member of
the apprehension unit, (iv) a member of the intelligence
unit, (v) a member of the sort team, or (vi) an
investigator.
(11) The term "dangerous drugs investigator" means any
person who is employed as such by the Department of Human
Services.
(12) The term "investigator for the Illinois
Department of State Police" means a person employed by the
Illinois Department of State Police who is vested under
Section 4 of the Narcotic Control Division Abolition Act
with such law enforcement powers as render him ineligible
for coverage under the Social Security Act by reason of
Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the
Office of the Attorney General and is vested with such

SB3642 - 516 - LRB101 20589 WGH 70218 b
investigative duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
the period before January 1, 1989, the term includes all
persons who were employed as investigators by the Office of
the Attorney General, without regard to social security
status.
(14) "Controlled substance inspector" means any person
who is employed as such by the Department of Professional
Regulation and is vested with such law enforcement duties
as render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act. The term
"controlled substance inspector" includes the Program
Executive of Enforcement and the Assistant Program
Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full time basis under the
authority of Section 7.06 of the State's Attorneys
Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person employed by the Illinois Commerce Commission who is
vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and

SB3642 - 517 - LRB101 20589 WGH 70218 b
218(l)(1) of that Act.
(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who was
employed as an arson investigator on January 1, 1995 and is
no longer in service but not yet receiving a retirement
annuity may convert his or her creditable service for
employment as an arson investigator into eligible
creditable service by paying to the System the difference
between the employee contributions actually paid for that
service and the amounts that would have been contributed if
the applicant were contributing at the rate applicable to
persons with the same social security status earning
eligible creditable service on the date of application.
(18) The term "State highway maintenance worker" means
a person who is either of the following:
(i) A person employed on a full-time basis by the
Illinois Department of Transportation in the position
of highway maintainer, highway maintenance lead
worker, highway maintenance lead/lead worker, heavy
construction equipment operator, power shovel
operator, or bridge mechanic; and whose principal
responsibility is to perform, on the roadway, the

SB3642 - 518 - LRB101 20589 WGH 70218 b
actual maintenance necessary to keep the highways that
form a part of the State highway system in serviceable
condition for vehicular traffic.
(ii) A person employed on a full-time basis by the
Illinois State Toll Highway Authority in the position
of equipment operator/laborer H-4, equipment
operator/laborer H-6, welder H-4, welder H-6,
mechanical/electrical H-4, mechanical/electrical H-6,
water/sewer H-4, water/sewer H-6, sign maker/hanger
H-4, sign maker/hanger H-6, roadway lighting H-4,
roadway lighting H-6, structural H-4, structural H-6,
painter H-4, or painter H-6; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the Authority's
tollways in serviceable condition for vehicular
traffic.
(19) The term "security employee of the Department of
Innovation and Technology" means a person who was a
security employee of the Department of Corrections or the
Department of Juvenile Justice, was transferred to the
Department of Innovation and Technology pursuant to
Executive Order 2016-01, and continues to perform similar
job functions under that Department.
(20) "Transferred employee" means an employee who was
transferred to the Department of Central Management
Services by Executive Order No. 2003-10 or Executive Order

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No. 2004-2 or transferred to the Department of Innovation
and Technology by Executive Order No. 2016-1, or both, and
was entitled to eligible creditable service for services
immediately preceding the transfer.
(d) A security employee of the Department of Corrections or
the Department of Juvenile Justice, a security employee of the
Department of Human Services who is not a mental health police
officer, and a security employee of the Department of
Innovation and Technology shall not be eligible for the
alternative retirement annuity provided by this Section unless
he or she meets the following minimum age and service
requirements at the time of retirement:
(i) 25 years of eligible creditable service and age 55;
or
(ii) beginning January 1, 1987, 25 years of eligible
creditable service and age 54, or 24 years of eligible
creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of eligible
creditable service and age 53, or 23 years of eligible
creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of eligible
creditable service and age 52, or 22 years of eligible
creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible
creditable service and age 55; or

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(vi) beginning January 1, 1991, 25 years of eligible
creditable service and age 50, or 20 years of eligible
creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections or the Department of Juvenile Justice, or the
Department of Human Services in a position requiring
certification as a teacher may count such service toward
establishing their eligibility under the service requirements
of this Section; but such service may be used only for
establishing such eligibility, and not for the purpose of
increasing or calculating any benefit.
(e) If a member enters military service while working in a
position in which eligible creditable service may be earned,
and returns to State service in the same or another such
position, and fulfills in all other respects the conditions
prescribed in this Article for credit for military service,
such military service shall be credited as eligible creditable
service for the purposes of the retirement annuity prescribed
in this Section.
(f) For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before October 1, 1975 as a covered employee in the
position of special agent, conservation police officer, mental
health police officer, or investigator for the Secretary of
State, shall be deemed to have been service as a noncovered

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employee, provided that the employee pays to the System prior
to retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made after
July 31, 1987, regular interest on the amount specified in item
(1) from the date of service to the date of payment.
For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall be
deemed to have been service as a noncovered employee, provided
that the employee pays to the System prior to retirement an
amount equal to (1) the difference between the employee
contributions that would have been required for such service as
a noncovered employee, and the amount of employee contributions
actually paid, plus (2) if payment is made after January 1,
1990, regular interest on the amount specified in item (1) from
the date of service to the date of payment.
(g) A State policeman may elect, not later than January 1,
1990, to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3, by filing
a written election with the Board, accompanied by payment of an
amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.5,

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and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to establish
eligible creditable service for up to 10 years of his service
as a member of the County Police Department under Article 9, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to
(i) the difference between the amount of employee and employer
contributions transferred to the System under Section 9-121.10
and the amounts that would have been contributed had those
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may elect
to establish eligible creditable service for up to 12 years of
his service as a policeman under Article 5, by filing a written
election with the Board on or before January 31, 1992, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred

SB3642 - 523 - LRB101 20589 WGH 70218 b
to the System under Section 5-236, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest thereon
at the effective rate for each year, compounded annually, from
the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a sheriff's
law enforcement employee under Article 7, by filing a written
election with the Board on or before January 31, 1993, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 7-139.7, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest thereon
at the effective rate for each year, compounded annually, from
the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 5 years of service as a police
officer under Article 3, a policeman under Article 5, a
sheriff's law enforcement employee under Article 7, a member of
the county police department under Article 9, or a police

SB3642 - 524 - LRB101 20589 WGH 70218 b
officer under Article 15 by filing a written election with the
Board and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate for
each year, compounded annually, from the date of service to the
date of payment.
Subject to the limitation in subsection (i), an
investigator for the Office of the Attorney General, or an
investigator for the Department of Revenue, may elect to
establish eligible creditable service for up to 5 years of
service as a police officer under Article 3, a policeman under
Article 5, a sheriff's law enforcement employee under Article
7, or a member of the county police department under Article 9
by filing a written election with the Board within 6 months
after August 25, 2009 (the effective date of Public Act 96-745)
and paying to the System an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
amounts that would have been contributed had such contributions
been made at the rates applicable to State policemen, plus (ii)
interest thereon at the actuarially assumed rate for each year,

SB3642 - 525 - LRB101 20589 WGH 70218 b
compounded annually, from the date of service to the date of
payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, investigator for the
Office of the Attorney General, an investigator for the
Department of Revenue, or investigator for the Secretary of
State may elect to establish eligible creditable service for up
to 5 years of service as a person employed by a participating
municipality to perform police duties, or law enforcement
officer employed on a full-time basis by a forest preserve
district under Article 7, a county corrections officer, or a
court services officer under Article 9, by filing a written
election with the Board within 6 months after August 25, 2009
(the effective date of Public Act 96-745) and paying to the
System an amount to be determined by the Board, equal to (i)
the difference between the amount of employee and employer
contributions transferred to the System under Sections 7-139.8
and 9-121.10 and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j), (k),
(l), (l-5), and (o) of this Section shall not exceed 12 years.
(j) Subject to the limitation in subsection (i), an

SB3642 - 526 - LRB101 20589 WGH 70218 b
investigator for the Office of the State's Attorneys Appellate
Prosecutor or a controlled substance inspector may elect to
establish eligible creditable service for up to 10 years of his
service as a policeman under Article 3 or a sheriff's law
enforcement employee under Article 7, by filing a written
election with the Board, accompanied by payment of an amount to
be determined by the Board, equal to (1) the difference between
the amount of employee and employer contributions transferred
to the System under Section 3-110.6 or 7-139.8, and the amounts
that would have been contributed had such contributions been
made at the rates applicable to State policemen, plus (2)
interest thereon at the effective rate for each year,
compounded annually, from the date of service to the date of
payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to establish
eligible creditable service for periods spent as a full-time
law enforcement officer or full-time corrections officer
employed by the federal government or by a state or local
government located outside of Illinois, for which credit is not
held in any other public employee pension fund or retirement
system. To obtain this credit, the applicant must file a
written application with the Board by March 31, 1998,
accompanied by evidence of eligibility acceptable to the Board
and payment of an amount to be determined by the Board, equal
to (1) employee contributions for the credit being established,

SB3642 - 527 - LRB101 20589 WGH 70218 b
based upon the applicant's salary on the first day as an
alternative formula employee after the employment for which
credit is being established and the rates then applicable to
alternative formula employees, plus (2) an amount determined by
the Board to be the employer's normal cost of the benefits
accrued for the credit being established, plus (3) regular
interest on the amounts in items (1) and (2) from the first day
as an alternative formula employee after the employment for
which credit is being established to the date of payment.
(l) Subject to the limitation in subsection (i), a security
employee of the Department of Corrections may elect, not later
than July 1, 1998, to establish eligible creditable service for
up to 10 years of his or her service as a policeman under
Article 3, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to security employees of the Department of
Corrections, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service to
the date of payment.
(l-5) Subject to the limitation in subsection (i) of this
Section, a State policeman may elect to establish eligible
creditable service for up to 5 years of service as a full-time

SB3642 - 528 - LRB101 20589 WGH 70218 b
law enforcement officer employed by the federal government or
by a state or local government located outside of Illinois for
which credit is not held in any other public employee pension
fund or retirement system. To obtain this credit, the applicant
must file a written application with the Board no later than 3
years after the effective date of this amendatory Act of the
101st General Assembly, accompanied by evidence of eligibility
acceptable to the Board and payment of an amount to be
determined by the Board, equal to (1) employee contributions
for the credit being established, based upon the applicant's
salary on the first day as an alternative formula employee
after the employment for which credit is being established and
the rates then applicable to alternative formula employees,
plus (2) an amount determined by the Board to be the employer's
normal cost of the benefits accrued for the credit being
established, plus (3) regular interest on the amounts in items
(1) and (2) from the first day as an alternative formula
employee after the employment for which credit is being
established to the date of payment.
(m) The amendatory changes to this Section made by this
amendatory Act of the 94th General Assembly apply only to: (1)
security employees of the Department of Juvenile Justice
employed by the Department of Corrections before the effective
date of this amendatory Act of the 94th General Assembly and
transferred to the Department of Juvenile Justice by this
amendatory Act of the 94th General Assembly; and (2) persons

SB3642 - 529 - LRB101 20589 WGH 70218 b
employed by the Department of Juvenile Justice on or after the
effective date of this amendatory Act of the 94th General
Assembly who are required by subsection (b) of Section 3-2.5-15
of the Unified Code of Corrections to have any bachelor's or
advanced degree from an accredited college or university or, in
the case of persons who provide vocational training, who are
required to have adequate knowledge in the skill for which they
are providing the vocational training.
(n) A person employed in a position under subsection (b) of
this Section who has purchased service credit under subsection
(j) of Section 14-104 or subsection (b) of Section 14-105 in
any other capacity under this Article may convert up to 5 years
of that service credit into service credit covered under this
Section by paying to the Fund an amount equal to (1) the
additional employee contribution required under Section
14-133, plus (2) the additional employer contribution required
under Section 14-131, plus (3) interest on items (1) and (2) at
the actuarially assumed rate from the date of the service to
the date of payment.
(o) Subject to the limitation in subsection (i), a
conservation police officer, investigator for the Secretary of
State, Commerce Commission police officer, investigator for
the Department of Revenue or the Illinois Gaming Board, or
arson investigator subject to subsection (g) of Section 1-160
may elect to convert up to 8 years of service credit
established before the effective date of this amendatory Act of

SB3642 - 530 - LRB101 20589 WGH 70218 b
the 101st General Assembly as a conservation police officer,
investigator for the Secretary of State, Commerce Commission
police officer, investigator for the Department of Revenue or
the Illinois Gaming Board, or arson investigator under this
Article into eligible creditable service by filing a written
election with the Board no later than one year after the
effective date of this amendatory Act of the 101st General
Assembly, accompanied by payment of an amount to be determined
by the Board equal to (i) the difference between the amount of
the employee contributions actually paid for that service and
the amount of the employee contributions that would have been
paid had the employee contributions been made as a noncovered
employee serving in a position in which eligible creditable
service, as defined in this Section, may be earned, plus (ii)
interest thereon at the effective rate for each year,
compounded annually, from the date of service to the date of
payment.
(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;
101-610, eff. 1-1-20.)
(40 ILCS 5/14-123.1) (from Ch. 108 1/2, par. 14-123.1)
Sec. 14-123.1. Temporary disability benefit.
(a) A member who has at least 18 months of creditable
service and who becomes physically or mentally incapacitated to
perform the duties of his position shall receive a temporary
disability benefit, provided that:

SB3642 - 531 - LRB101 20589 WGH 70218 b
(1) the agency responsible for determining the
liability of the State (i) has formally denied all
employer-paid temporary total disability benefits under
the Workers' Compensation Act or the Workers' Occupational
Diseases Act and an appeal of that denial is pending before
the Illinois Workers' Compensation Commission, or (ii) has
granted and then terminated for any reason an employer-paid
temporary total disability benefit and the member has filed
a petition for a hearing under Section 19(b) or Section
19(b-1) of the Workers' Compensation Act or Section 19(b)
or Section 19(b-1) of the Workers' Occupational Diseases
Act;
(2) application is made after the date that the
disability results in loss of pay, and after the date the
agency responsible for determining the liability of the
State under the Workers' Compensation Act or Workers'
Occupational Diseases Act has formally denied or
terminated the employer-paid temporary total disability
benefit; and
(3) proper proof is received from one or more licensed
health care professionals designated by the Board
certifying that the member is mentally or physically
incapacitated.
(b) In the case of a denial of benefits, the temporary
disability benefit shall begin to accrue on the 31st day of
absence from work on account of disability, but the benefit

SB3642 - 532 - LRB101 20589 WGH 70218 b
shall not become actually payable to the member until the
expiration of 31 days from the day upon which the member last
received or had a right to receive any compensation.
In the case of termination of an employer-paid temporary
total disability benefit, the temporary disability benefit
under this Section shall be calculated from the day following
the date of termination of the employer-paid benefit or the
31st day of absence from work on account of disability,
whichever is later, but shall not become payable to the member
until (i) the member's right to an employer-paid temporary
total disability benefit is denied as a result of the hearing
held under Section 19(b) or Section 19(b-1) of the Workers'
Compensation Act or Section 19(b) or Section 19(b-1) of the
Workers' Occupational Diseases Act or (ii) the expiration of 30
days from the date of termination of the employer-paid benefit,
whichever occurs first. If a terminated employer-paid
temporary total disability benefit is resumed or replaced with
another employer-paid disability benefit and the resumed or
replacement benefit is later terminated and the member again
files a petition for a hearing under Section 19(b) or Section
19(b-1) of the Workers' Compensation Act or Section 19(b) or
Section 19(b-1) of the Workers' Occupational Diseases Act, the
member may again become eligible to receive a temporary
disability benefit under this Section. The waiting period
before the temporary disability benefit under this Section
becomes payable applies each time that the benefit is

SB3642 - 533 - LRB101 20589 WGH 70218 b
reinstated.
The benefit shall continue to accrue until the first of the
following events occurs:
(1) the disability ceases;
(2) the member engages in gainful employment;
(3) the end of the month in which the member attains
age 65, in the case of benefits commencing prior to
attainment of age 60;
(4) the end of the month following the fifth
anniversary of the effective date of the benefit in the
case of benefits commencing on or after attainment of age
60;
(5) the end of the month in which the death of the
member occurs;
(6) the end of the month in which the aggregate period
for which temporary disability payments have been made
becomes equal to 1/2 of the member's total period of
creditable service, not including the time for which he has
received a temporary disability benefit or nonoccupational
disability benefit; for purposes of this item (6) only, in
the case of a member to whom Section 14-108.2a or 14-108.2b
applies and who, at the time disability commences, is
performing services for the Illinois Department of Public
Health or the Illinois Department of State Police relating
to the transferred functions referred to in that Section
and has less than 10 years of creditable service under this

SB3642 - 534 - LRB101 20589 WGH 70218 b
Article, the member's "total period of creditable service"
shall be augmented by an amount equal to (i) one half of
the member's period of creditable service in the Fund
established under Article 8 (excluding any creditable
service over 20 years), minus (ii) the amount of the
member's creditable service under this Article;
(7) a payment is made on the member's claim pursuant to
a determination made by the agency responsible for
determining the liability of the State under the Workers'
Compensation Act or the Workers' Occupational Diseases
Act;
(8) a final determination is made on the member's claim
by the Illinois Workers' Compensation Commission.
(c) The temporary disability benefit shall be 50% of the
member's final average compensation at the date of disability.
If a covered employee is eligible under the Social Security
Act for a disability benefit before attaining the Social
Security full retirement age, or a retirement benefit on or
after attaining the Social Security full retirement age, then
the amount of the member's temporary disability benefit shall
be reduced by the amount of primary benefit the member is
eligible to receive under the Social Security Act, whether or
not such eligibility came about as the result of service as a
covered employee under this Article. The Board may make such
reduction pending a determination of eligibility if it appears
that the employee may be so eligible, and shall make an

SB3642 - 535 - LRB101 20589 WGH 70218 b
appropriate adjustment if necessary after such determination
has been made. The amount of temporary disability benefit
payable under this Article shall not be reduced by reason of
any increase in benefits payable under the Social Security Act
which occurs after the reduction required by this paragraph has
been applied. As used in this subsection, "Social Security full
retirement age" means the age at which an individual is
eligible to receive full Social Security retirement benefits.
(d) The temporary disability benefit provided under this
Section is intended as a temporary payment of occupational or
nonoccupational disability benefit, whichever is appropriate,
in cases in which the occupational or nonoccupational character
of the disability has not been finally determined.
When an employer-paid disability benefit is paid or
resumed, the Board shall calculate the benefit that is payable
under Section 14-123 and shall deduct from the benefit payable
under Section 14-123 the amounts already paid under this
Section; those amounts shall then be treated as if they had
been paid under Section 14-123.
When a final determination of the character of the
disability has been made by the Illinois Workers' Compensation
Commission, or by settlement between the parties to the
disputed claim, the Board shall calculate the benefit that is
payable under Section 14-123 or 14-124, whichever is
applicable, and shall deduct from such benefit the amounts
already paid under this Section; such amounts shall then be

SB3642 - 536 - LRB101 20589 WGH 70218 b
treated as if they had been paid under such Section 14-123 or
14-124.
(e) Any excess benefits paid under this Section shall be
subject to recovery by the System from benefits payable under
the Workers' Compensation Act or the Workers' Occupational
Diseases Act or from third parties as provided in Section
14-129, or from any other benefits payable either to the member
or on his behalf under this Article. A member who accepts
benefits under this Section acknowledges and authorizes these
recovery rights of the System.
(f) Service credits under the State Universities
Retirement System and the Teachers' Retirement System of the
State of Illinois shall be considered for the purposes of
determining temporary disability benefit eligibility under
this Section, and for determining the total period of time for
which such benefits are payable.
(g) The Board shall prescribe rules and regulations
governing the filing of claims for temporary disability
benefits, and the investigation, control and supervision of
such claims.
(h) References in this Section to employer-paid benefits
include benefits paid for by the State, either directly or
through a program of insurance or self-insurance, whether paid
through the member's own department or through some other
department or entity; but the term does not include benefits
paid by the System under this Article.

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(Source: P.A. 101-54, eff. 7-12-19.)
(40 ILCS 5/14-124) (from Ch. 108 1/2, par. 14-124)
Sec. 14-124. Nonoccupational disability benefit. A member
with at least 1 1/2 years of creditable service may be granted
a nonoccupational disability benefit, if:
(1) application for the benefit is made to the system
by the member in writing after the commencement of
disability;
(2) the member is found upon medical examination to be
mentally or physically incapacitated to perform the duties
of the member's position;
(3) the disability resulted from a cause other than an
injury or illness sustained in connection with the member's
performance of duty as a State employee;
(4) the member has been granted a leave of absence for
disability at the time of commencement of disability.
Renewal of a disability leave of absence shall not be
required for the continued payment of benefits; and
(5) the member has used all accumulated sick leave
available at the beginning of the leave of absence for
disability.
The benefit shall begin to accrue on the latest of (i) the
31st day of absence from work on account of disability
(including any periods of such absence for which sick pay was
received); or (ii) the day following the day on which the

SB3642 - 538 - LRB101 20589 WGH 70218 b
member last receives or has a right to receive any compensation
as an employee, including any sick pay. The benefit shall
continue to accrue until the first of the following to occur:
(a) the date on which disability ceases;
(b) the end of the month in which the member attains
age 65 in the case of benefits commencing prior to
attainment of age 60;
(c) the end of the month following the fifth
anniversary of the effective date of the benefit, or of the
temporary disability benefit if one was received, in the
case of benefits commencing on or after attainment of age
60;
(d) the end of the month in which the aggregate period
for which non-occupational disability and temporary
disability benefit payments have been made becomes equal to
1/2 of the member's total period of creditable service, not
including the time during which he has received a temporary
disability benefit or nonoccupational disability benefit;
for purposes of this item (d) only, in the case of a member
to whom Section 14-108.2a or 14-108.2b applies and who, at
the time disability commences, is performing services for
the Illinois Department of Public Health or the Illinois
Department of State Police relating to the transferred
functions referred to in that Section and has less than 10
years of creditable service under this Article, the
member's "total period of creditable service" shall be

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augmented by an amount equal to (i) one half of the
member's period of creditable service in the Fund
established under Article 8 (excluding any creditable
service over 20 years), minus (ii) the amount of the
member's creditable service under this Article;
(e) the date on which the member engages in gainful
employment;
(f) the end of the month in which the death of the
member occurs.
If disability has ceased and the member again becomes
disabled within 60 days from date of resumption of State
employment, and if the disability is due to the same cause for
which he received nonoccupational disability benefit
immediately preceding such reentry into service, the 30 days
waiting period prescribed for the receipt of benefits is waived
as to such new period of disability.
A member shall be considered disabled only when the board
has received:
(a) a written certificate by one or more licensed
health care professionals designated by the board,
certifying that the member is disabled and unable properly
to perform the duties of his position at the time of
disability; and
(b) the employee certifies that he is not and has not
been engaged in gainful employment.
The board shall prescribe rules and regulations governing

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the filing of claims for nonoccupational disability benefits,
and the investigation, control and supervision of such claims.
Service credits under the State Universities Retirement
System and the Teachers' Retirement System of the State of
Illinois shall be considered for the purposes of
nonoccupational disability benefit eligibility under this
Article and for the total period of time for which such
benefits are payable.
(Source: P.A. 101-54, eff. 7-12-19.)
Section 385. The State Pension Funds Continuing
Appropriation Act is amended by changing Section 1.2 as
follows:
(40 ILCS 15/1.2)
Sec. 1.2. Appropriations for the State Employees'
Retirement System.
(a) From each fund from which an amount is appropriated for
personal services to a department or other employer under
Article 14 of the Illinois Pension Code, there is hereby
appropriated to that department or other employer, on a
continuing annual basis for each State fiscal year, an
additional amount equal to the amount, if any, by which (1) an
amount equal to the percentage of the personal services line
item for that department or employer from that fund for that
fiscal year that the Board of Trustees of the State Employees'

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Retirement System of Illinois has certified under Section
14-135.08 of the Illinois Pension Code to be necessary to meet
the State's obligation under Section 14-131 of the Illinois
Pension Code for that fiscal year, exceeds (2) the amounts
otherwise appropriated to that department or employer from that
fund for State contributions to the State Employees' Retirement
System for that fiscal year.
(a-1) (Blank).
(a-2) (Blank).
(a-3) (Blank).
(a-4) If a Prior Fiscal Year Shortfall is certified under
subsection (k) of Section 14-131 of the Illinois Pension Code,
there is hereby appropriated to the State Employees' Retirement
System of Illinois on a continuing basis from the General
Revenue Fund an additional aggregate amount equal to the Prior
Fiscal Year Shortfall.
(b) The continuing appropriations provided for by this
Section shall first be available in State fiscal year 1996.
(c) Beginning in Fiscal Year 2005, any continuing
appropriation under this Section arising out of an
appropriation for personal services from the Road Fund to the
Illinois Department of State Police or the Secretary of State
shall be payable from the General Revenue Fund rather than the
Road Fund.
(d) (Blank).
(e) (Blank).

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(f) (Blank).
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-10, eff. 6-5-19.)
Section 390. The Illinois Police Training Act is amended by
changing Sections 3, 6.1, 9, 10.10, 10.19, and 10.21 as
follows:
(50 ILCS 705/3) (from Ch. 85, par. 503)
Sec. 3. Board - composition - appointments - tenure -
vacancies. The Board shall be composed of 18 members selected
as follows: The Attorney General of the State of Illinois, the
Director of the Illinois State Police, the Director of
Corrections, the Superintendent of the Chicago Police
Department, the Sheriff of Cook County, the Clerk of the
Circuit Court of Cook County, and the following to be appointed
by the Governor: 2 mayors or village presidents of Illinois
municipalities, 2 Illinois county sheriffs from counties other
than Cook County, 2 managers of Illinois municipalities, 2
chiefs of municipal police departments in Illinois having no
Superintendent of the Police Department on the Board, 2
citizens of Illinois who shall be members of an organized
enforcement officers' association, one active member of a
statewide association representing sheriffs, and one active
member of a statewide association representing municipal
police chiefs. The appointments of the Governor shall be made

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on the first Monday of August in 1965 with 3 of the
appointments to be for a period of one year, 3 for 2 years, and
3 for 3 years. Their successors shall be appointed in like
manner for terms to expire the first Monday of August each 3
years thereafter. All members shall serve until their
respective successors are appointed and qualify. Vacancies
shall be filled by the Governor for the unexpired terms.
(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
(50 ILCS 705/6.1)
Sec. 6.1. Decertification of full-time and part-time
police officers.
(a) The Board must review police officer conduct and
records to ensure that no police officer is certified or
provided a valid waiver if that police officer has been
convicted of, or entered a plea of guilty to, a felony offense
under the laws of this State or any other state which if
committed in this State would be punishable as a felony. The
Board must also ensure that no police officer is certified or
provided a valid waiver if that police officer has been
convicted of, or entered a plea of guilty to, on or after the
effective date of this amendatory Act of 1999 of any
misdemeanor specified in this Section or if committed in any
other state would be an offense similar to Section 11-1.50,
11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the

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Criminal Code of 1961 or the Criminal Code of 2012, to
subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
Criminal Code of 1961 or the Criminal Code of 2012, or
subsection (a) of Section 17-32 of the Criminal Code of 1961 or
the Criminal Code of 2012, or to Section 5 or 5.2 of the
Cannabis Control Act. The Board must appoint investigators to
enforce the duties conferred upon the Board by this Act.
(b) It is the responsibility of the sheriff or the chief
executive officer of every local law enforcement agency or
department within this State to report to the Board any arrest,
conviction, or plea of guilty of any officer for an offense
identified in this Section.
(c) It is the duty and responsibility of every full-time
and part-time police officer in this State to report to the
Board within 30 days, and the officer's sheriff or chief
executive officer, of his or her arrest, conviction, or plea of
guilty for an offense identified in this Section. Any full-time
or part-time police officer who knowingly makes, submits,
causes to be submitted, or files a false or untruthful report
to the Board must have his or her certificate or waiver
immediately decertified or revoked.
(d) Any person, or a local or State agency, or the Board is
immune from liability for submitting, disclosing, or releasing
information of arrests, convictions, or pleas of guilty in this
Section as long as the information is submitted, disclosed, or
released in good faith and without malice. The Board has

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qualified immunity for the release of the information.
(e) Any full-time or part-time police officer with a
certificate or waiver issued by the Board who is convicted of,
or entered a plea of guilty to, any offense described in this
Section immediately becomes decertified or no longer has a
valid waiver. The decertification and invalidity of waivers
occurs as a matter of law. Failure of a convicted person to
report to the Board his or her conviction as described in this
Section or any continued law enforcement practice after
receiving a conviction is a Class 4 felony.
(f) The Board's investigators are peace officers and have
all the powers possessed by policemen in cities and by
sheriff's, and these investigators may exercise those powers
anywhere in the State. An investigator shall not have peace
officer status or exercise police powers unless he or she
successfully completes the basic police training course
mandated and approved by the Board or the Board waives the
training requirement by reason of the investigator's prior law
enforcement experience, training, or both. The Board shall not
waive the training requirement unless the investigator has had
a minimum of 5 years experience as a sworn officer of a local,
State, or federal law enforcement agency.
(g) The Board must request and receive information and
assistance from any federal, state, or local governmental
agency as part of the authorized criminal background
investigation. The Illinois Department of State Police must

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process, retain, and additionally provide and disseminate
information to the Board concerning criminal charges, arrests,
convictions, and their disposition, that have been filed
before, on, or after the effective date of this amendatory Act
of the 91st General Assembly against a basic academy applicant,
law enforcement applicant, or law enforcement officer whose
fingerprint identification cards are on file or maintained by
the Illinois Department of State Police. The Federal Bureau of
Investigation must provide the Board any criminal history
record information contained in its files pertaining to law
enforcement officers or any applicant to a Board certified
basic law enforcement academy as described in this Act based on
fingerprint identification. The Board must make payment of fees
to the Illinois Department of State Police for each fingerprint
card submission in conformance with the requirements of
paragraph 22 of Section 55a of the Civil Administrative Code of
Illinois.
(h) A police officer who has been certified or granted a
valid waiver shall also be decertified or have his or her
waiver revoked upon a determination by the Illinois Labor
Relations Board State Panel that he or she, while under oath,
has knowingly and willfully made false statements as to a
material fact going to an element of the offense of murder. If
an appeal is filed, the determination shall be stayed.
(1) In the case of an acquittal on a charge of murder,
a verified complaint may be filed:

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(A) by the defendant; or
(B) by a police officer with personal knowledge of
perjured testimony.
The complaint must allege that a police officer, while
under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder. The verified complaint must be filed with the
Executive Director of the Illinois Law Enforcement
Training Standards Board within 2 years of the judgment of
acquittal.
(2) Within 30 days, the Executive Director of the
Illinois Law Enforcement Training Standards Board shall
review the verified complaint and determine whether the
verified complaint is frivolous and without merit, or
whether further investigation is warranted. The Illinois
Law Enforcement Training Standards Board shall notify the
officer and the Executive Director of the Illinois Labor
Relations Board State Panel of the filing of the complaint
and any action taken thereon. If the Executive Director of
the Illinois Law Enforcement Training Standards Board
determines that the verified complaint is frivolous and
without merit, it shall be dismissed. The Executive
Director of the Illinois Law Enforcement Training
Standards Board has sole discretion to make this
determination and this decision is not subject to appeal.
(i) If the Executive Director of the Illinois Law

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Enforcement Training Standards Board determines that the
verified complaint warrants further investigation, he or she
shall refer the matter to a task force of investigators created
for this purpose. This task force shall consist of 8 sworn
police officers: 2 from the Illinois State Police, 2 from the
City of Chicago Police Department, 2 from county police
departments, and 2 from municipal police departments. These
investigators shall have a minimum of 5 years of experience in
conducting criminal investigations. The investigators shall be
appointed by the Executive Director of the Illinois Law
Enforcement Training Standards Board. Any officer or officers
acting in this capacity pursuant to this statutory provision
will have statewide police authority while acting in this
investigative capacity. Their salaries and expenses for the
time spent conducting investigations under this paragraph
shall be reimbursed by the Illinois Law Enforcement Training
Standards Board.
(j) Once the Executive Director of the Illinois Law
Enforcement Training Standards Board has determined that an
investigation is warranted, the verified complaint shall be
assigned to an investigator or investigators. The investigator
or investigators shall conduct an investigation of the verified
complaint and shall write a report of his or her findings. This
report shall be submitted to the Executive Director of the
Illinois Labor Relations Board State Panel.
Within 30 days, the Executive Director of the Illinois

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Labor Relations Board State Panel shall review the
investigative report and determine whether sufficient evidence
exists to conduct an evidentiary hearing on the verified
complaint. If the Executive Director of the Illinois Labor
Relations Board State Panel determines upon his or her review
of the investigatory report that a hearing should not be
conducted, the complaint shall be dismissed. This decision is
in the Executive Director's sole discretion, and this dismissal
may not be appealed.
If the Executive Director of the Illinois Labor Relations
Board State Panel determines that there is sufficient evidence
to warrant a hearing, a hearing shall be ordered on the
verified complaint, to be conducted by an administrative law
judge employed by the Illinois Labor Relations Board State
Panel. The Executive Director of the Illinois Labor Relations
Board State Panel shall inform the Executive Director of the
Illinois Law Enforcement Training Standards Board and the
person who filed the complaint of either the dismissal of the
complaint or the issuance of the complaint for hearing. The
Executive Director shall assign the complaint to the
administrative law judge within 30 days of the decision
granting a hearing.
(k) In the case of a finding of guilt on the offense of
murder, if a new trial is granted on direct appeal, or a state
post-conviction evidentiary hearing is ordered, based on a
claim that a police officer, under oath, knowingly and

SB3642 - 550 - LRB101 20589 WGH 70218 b
willfully made false statements as to a material fact going to
an element of the offense of murder, the Illinois Labor
Relations Board State Panel shall hold a hearing to determine
whether the officer should be decertified if an interested
party requests such a hearing within 2 years of the court's
decision. The complaint shall be assigned to an administrative
law judge within 30 days so that a hearing can be scheduled.
At the hearing, the accused officer shall be afforded the
opportunity to:
(1) Be represented by counsel of his or her own
choosing;
(2) Be heard in his or her own defense;
(3) Produce evidence in his or her defense;
(4) Request that the Illinois Labor Relations Board
State Panel compel the attendance of witnesses and
production of related documents including but not limited
to court documents and records.
Once a case has been set for hearing, the verified
complaint shall be referred to the Department of Professional
Regulation. That office shall prosecute the verified complaint
at the hearing before the administrative law judge. The
Department of Professional Regulation shall have the
opportunity to produce evidence to support the verified
complaint and to request the Illinois Labor Relations Board
State Panel to compel the attendance of witnesses and the
production of related documents, including, but not limited to,

SB3642 - 551 - LRB101 20589 WGH 70218 b
court documents and records. The Illinois Labor Relations Board
State Panel shall have the power to issue subpoenas requiring
the attendance of and testimony of witnesses and the production
of related documents including, but not limited to, court
documents and records and shall have the power to administer
oaths.
The administrative law judge shall have the responsibility
of receiving into evidence relevant testimony and documents,
including court records, to support or disprove the allegations
made by the person filing the verified complaint and, at the
close of the case, hear arguments. If the administrative law
judge finds that there is not clear and convincing evidence to
support the verified complaint that the police officer has,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder, the administrative law judge shall make a written
recommendation of dismissal to the Illinois Labor Relations
Board State Panel. If the administrative law judge finds that
there is clear and convincing evidence that the police officer
has, while under oath, knowingly and willfully made false
statements as to a material fact that goes to an element of the
offense of murder, the administrative law judge shall make a
written recommendation so concluding to the Illinois Labor
Relations Board State Panel. The hearings shall be transcribed.
The Executive Director of the Illinois Law Enforcement Training
Standards Board shall be informed of the administrative law

SB3642 - 552 - LRB101 20589 WGH 70218 b
judge's recommended findings and decision and the Illinois
Labor Relations Board State Panel's subsequent review of the
recommendation.
(l) An officer named in any complaint filed pursuant to
this Act shall be indemnified for his or her reasonable
attorney's fees and costs by his or her employer. These fees
shall be paid in a regular and timely manner. The State, upon
application by the public employer, shall reimburse the public
employer for the accused officer's reasonable attorney's fees
and costs. At no time and under no circumstances will the
accused officer be required to pay his or her own reasonable
attorney's fees or costs.
(m) The accused officer shall not be placed on unpaid
status because of the filing or processing of the verified
complaint until there is a final non-appealable order
sustaining his or her guilt and his or her certification is
revoked. Nothing in this Act, however, restricts the public
employer from pursuing discipline against the officer in the
normal course and under procedures then in place.
(n) The Illinois Labor Relations Board State Panel shall
review the administrative law judge's recommended decision and
order and determine by a majority vote whether or not there was
clear and convincing evidence that the accused officer, while
under oath, knowingly and willfully made false statements as to
a material fact going to the offense of murder. Within 30 days
of service of the administrative law judge's recommended

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decision and order, the parties may file exceptions to the
recommended decision and order and briefs in support of their
exceptions with the Illinois Labor Relations Board State Panel.
The parties may file responses to the exceptions and briefs in
support of the responses no later than 15 days after the
service of the exceptions. If exceptions are filed by any of
the parties, the Illinois Labor Relations Board State Panel
shall review the matter and make a finding to uphold, vacate,
or modify the recommended decision and order. If the Illinois
Labor Relations Board State Panel concludes that there is clear
and convincing evidence that the accused officer, while under
oath, knowingly and willfully made false statements as to a
material fact going to an element of the offense murder, the
Illinois Labor Relations Board State Panel shall inform the
Illinois Law Enforcement Training Standards Board and the
Illinois Law Enforcement Training Standards Board shall revoke
the accused officer's certification. If the accused officer
appeals that determination to the Appellate Court, as provided
by this Act, he or she may petition the Appellate Court to stay
the revocation of his or her certification pending the court's
review of the matter.
(o) None of the Illinois Labor Relations Board State
Panel's findings or determinations shall set any precedent in
any of its decisions decided pursuant to the Illinois Public
Labor Relations Act by the Illinois Labor Relations Board State
Panel or the courts.

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(p) A party aggrieved by the final order of the Illinois
Labor Relations Board State Panel may apply for and obtain
judicial review of an order of the Illinois Labor Relations
Board State Panel, in accordance with the provisions of the
Administrative Review Law, except that such judicial review
shall be afforded directly in the Appellate Court for the
district in which the accused officer resides. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
(q) Interested parties. Only interested parties to the
criminal prosecution in which the police officer allegedly,
while under oath, knowingly and willfully made false statements
as to a material fact going to an element of the offense of
murder may file a verified complaint pursuant to this Section.
For purposes of this Section, "interested parties" shall be
limited to the defendant and any police officer who has
personal knowledge that the police officer who is the subject
of the complaint has, while under oath, knowingly and willfully
made false statements as to a material fact going to an element
of the offense of murder.
(r) Semi-annual reports. The Executive Director of the
Illinois Labor Relations Board shall submit semi-annual
reports to the Governor, President, and Minority Leader of the
Senate, and to the Speaker and Minority Leader of the House of
Representatives beginning on June 30, 2004, indicating:

SB3642 - 555 - LRB101 20589 WGH 70218 b
(1) the number of verified complaints received since
the date of the last report;
(2) the number of investigations initiated since the
date of the last report;
(3) the number of investigations concluded since the
date of the last report;
(4) the number of investigations pending as of the
reporting date;
(5) the number of hearings held since the date of the
last report; and
(6) the number of officers decertified since the date
of the last report.
(Source: P.A. 101-187, eff. 1-1-20.)
(50 ILCS 705/9) (from Ch. 85, par. 509)
Sec. 9. A special fund is hereby established in the State
Treasury to be known as the Traffic and Criminal Conviction
Surcharge Fund. Moneys in this Fund shall be expended as
follows:
(1) a portion of the total amount deposited in the Fund
may be used, as appropriated by the General Assembly, for
the ordinary and contingent expenses of the Illinois Law
Enforcement Training Standards Board;
(2) a portion of the total amount deposited in the Fund
shall be appropriated for the reimbursement of local
governmental agencies participating in training programs

SB3642 - 556 - LRB101 20589 WGH 70218 b
certified by the Board, in an amount equaling 1/2 of the
total sum paid by such agencies during the State's previous
fiscal year for mandated training for probationary police
officers or probationary county corrections officers and
for optional advanced and specialized law enforcement or
county corrections training; these reimbursements may
include the costs for tuition at training schools, the
salaries of trainees while in schools, and the necessary
travel and room and board expenses for each trainee; if the
appropriations under this paragraph (2) are not sufficient
to fully reimburse the participating local governmental
agencies, the available funds shall be apportioned among
such agencies, with priority first given to repayment of
the costs of mandatory training given to law enforcement
officer or county corrections officer recruits, then to
repayment of costs of advanced or specialized training for
permanent police officers or permanent county corrections
officers;
(3) a portion of the total amount deposited in the Fund
may be used to fund the Intergovernmental Law Enforcement
Officer's In-Service Training Act, veto overridden October
29, 1981, as now or hereafter amended, at a rate and method
to be determined by the board;
(4) a portion of the Fund also may be used by the
Illinois Department of State Police for expenses incurred
in the training of employees from any State, county or

SB3642 - 557 - LRB101 20589 WGH 70218 b
municipal agency whose function includes enforcement of
criminal or traffic law;
(5) a portion of the Fund may be used by the Board to
fund grant-in-aid programs and services for the training of
employees from any county or municipal agency whose
functions include corrections or the enforcement of
criminal or traffic law;
(6) for fiscal years 2013 through 2017 only, a portion
of the Fund also may be used by the Department of State
Police to finance any of its lawful purposes or functions;
(7) a portion of the Fund may be used by the Board,
subject to appropriation, to administer grants to local law
enforcement agencies for the purpose of purchasing
bulletproof vests under the Law Enforcement Officer
Bulletproof Vest Act; and
(8) a portion of the Fund may be used by the Board to
create a law enforcement grant program available for units
of local government to fund crime prevention programs,
training, and interdiction efforts, including enforcement
and prevention efforts, relating to the illegal cannabis
market and driving under the influence of cannabis.
All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys appropriated
for the purposes specified in this Section. No more than 50% of
any appropriation under this Act shall be spent in any city
having a population of more than 500,000. The State Comptroller

SB3642 - 558 - LRB101 20589 WGH 70218 b
and the State Treasurer shall from time to time, at the
direction of the Governor, transfer from the Traffic and
Criminal Conviction Surcharge Fund to the General Revenue Fund
in the State Treasury such amounts as the Governor determines
are in excess of the amounts required to meet the obligations
of the Traffic and Criminal Conviction Surcharge Fund.
(Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)
(50 ILCS 705/10.10)
Sec. 10.10. Training in child abduction and missing
endangered senior alert system.
(a) The Board shall conduct training programs for law
enforcement personnel of local governmental agencies in the
statewide coordinated child abduction alert system developed
under Section 2605-480 of the Illinois Department of State
Police Law of the Civil Administrative Code of Illinois and the
statewide coordinated missing endangered senior alert system
developed under Section 2605-375 of the Illinois Department of
State Police Law of the Civil Administrative Code of Illinois.
(b) The Board shall conduct a training program for law
enforcement personnel of local governmental agencies in the
statewide Alzheimer's disease, other related dementia, or
other dementia-like cognitive impairment coordinated Silver
Search Awareness Program and toolkit developed under Section
2605-485 of the Illinois Department of State Police Law of the
Civil Administrative Code of Illinois. The Board shall adopt

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written protocols and guidelines for the handling of missing
persons cases involving Alzheimer's disease, other related
dementia, or other dementia-like cognitive impairment based
upon protocols developed by the Silver Search Task Force in
conjunction with the Illinois Department of State Police on or
before July 1, 2016.
(Source: P.A. 99-322, eff. 1-1-16.)
(50 ILCS 705/10.19)
Sec. 10.19. Training; administration of epinephrine.
(a) This Section, along with Section 40 of the Illinois
State Police Act, may be referred to as the Annie LeGere Law.
(b) For purposes of this Section, "epinephrine
auto-injector" means a single-use device used for the automatic
injection of a pre-measured dose of epinephrine into the human
body prescribed in the name of a local governmental agency.
(c) The Board shall conduct or approve an optional advanced
training program for police officers to recognize and respond
to anaphylaxis, including the administration of an epinephrine
auto-injector. The training must include, but is not limited
to:
(1) how to recognize symptoms of an allergic reaction;
(2) how to respond to an emergency involving an
allergic reaction;
(3) how to administer an epinephrine auto-injector;
(4) how to respond to an individual with a known

SB3642 - 560 - LRB101 20589 WGH 70218 b
allergy as well as an individual with a previously unknown
allergy;
(5) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine auto-injector; and
(6) other criteria as determined in rules adopted by
the Board.
(d) A local governmental agency may authorize a police
officer who has completed an optional advanced training program
under subsection (c) to carry, administer, or assist with the
administration of epinephrine auto-injectors provided by the
local governmental agency whenever he or she is performing
official duties.
(e) A local governmental agency that authorizes its
officers to carry and administer epinephrine auto-injectors
under subsection (d) must establish a policy to control the
acquisition, storage, transportation, administration, and
disposal of epinephrine auto-injectors and to provide
continued training in the administration of epinephrine
auto-injectors.
(f) A physician, physician's assistant with prescriptive
authority, or advanced practice registered nurse with
prescriptive authority may provide a standing protocol or
prescription for epinephrine auto-injectors in the name of a
local governmental agency to be maintained for use when
necessary.

SB3642 - 561 - LRB101 20589 WGH 70218 b
(g) When a police officer administers an epinephrine
auto-injector in good faith, the police officer and local
governmental agency, and its employees and agents, including a
physician, physician's assistant with prescriptive authority,
or advanced practice registered nurse with prescriptive
authority who provides a standing order or prescription for an
epinephrine auto-injector, incur no civil or professional
liability, except for willful and wanton conduct, as a result
of any injury or death arising from the use of an epinephrine
auto-injector.
(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
100-648, eff. 7-31-18.)
(50 ILCS 705/10.21)
Sec. 10.21. Training; sexual assault and sexual abuse.
(a) The Illinois Law Enforcement Training Standards Board
shall conduct or approve training programs in trauma-informed
responses and investigations of sexual assault and sexual
abuse, which include, but is not limited to, the following:
(1) recognizing the symptoms of trauma;
(2) understanding the role trauma has played in a
victim's life;
(3) responding to the needs and concerns of a victim;
(4) delivering services in a compassionate, sensitive,
and nonjudgmental manner;
(5) interviewing techniques in accordance with the

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curriculum standards in subsection (f) of this Section;
(6) understanding cultural perceptions and common
myths of sexual assault and sexual abuse;
(7) report writing techniques in accordance with the
curriculum standards in subsection (f) of this Section; and
(8) recognizing special sensitivities of victims due
to: age, including those under the age of 13; gender; or
other qualifications.
(b) This training must be presented in all full and
part-time basic law enforcement academies on or before July 1,
2018.
(c) Agencies employing law enforcement officers must
present this training to all law enforcement officers within 3
years after January 1, 2017 (the effective date of Public Act
99-801) and must present in-service training on sexual assault
and sexual abuse response and report writing training
requirements every 3 years.
(d) Agencies employing law enforcement officers who
conduct sexual assault and sexual abuse investigations must
provide specialized training to these officers on sexual
assault and sexual abuse investigations within 2 years after
January 1, 2017 (the effective date of Public Act 99-801) and
must present in-service training on sexual assault and sexual
abuse investigations to these officers every 3 years.
(e) Instructors providing this training shall have
successfully completed training on evidence-based,

SB3642 - 563 - LRB101 20589 WGH 70218 b
trauma-informed, victim-centered response to cases of sexual
assault and sexual abuse and have experience responding to
sexual assault and sexual abuse cases.
(f) The Board shall adopt rules, in consultation with the
Office of the Illinois Attorney General and the Illinois
Department of State Police, to determine the specific training
requirements for these courses, including, but not limited to,
the following:
(1) evidence-based curriculum standards for report
writing and immediate response to sexual assault and sexual
abuse, including trauma-informed, victim-centered, age
sensitive, interview techniques, which have been
demonstrated to minimize retraumatization, for
probationary police officers and all law enforcement
officers; and
(2) evidence-based curriculum standards for
trauma-informed, victim-centered, age sensitive
investigation and interviewing techniques, which have been
demonstrated to minimize retraumatization, for cases of
sexual assault and sexual abuse for law enforcement
officers who conduct sexual assault and sexual abuse
investigations.
(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17;
100-910, eff. 1-1-19.)
Section 395. The Uniform Crime Reporting Act is amended by

SB3642 - 564 - LRB101 20589 WGH 70218 b
changing Sections 5-5, 5-10, 5-12, 5-15, 5-20, and 5-30 as
follows:
(50 ILCS 709/5-5)
Sec. 5-5. Definitions. As used in this Act:
"Arrest-related death" means any death of an individual
while the individual's freedom to leave is restricted by a law
enforcement officer while the officer is on duty, or otherwise
acting within the scope of his or her employment, including any
death resulting from a motor vehicle accident, if the law
enforcement officer was engaged in direct action against the
individual or the individual's vehicle during the process of
apprehension. "Arrest-related death" does not include the
death of law enforcement personnel.
"Department" means the Department of State Police.
"Domestic crime" means any crime attempted or committed
between a victim and offender who have a domestic relationship,
both current and past.
"Hate crime" has the same meaning as defined under Section
12-7.1 of the Criminal Code of 2012.
"Law enforcement agency" means an agency of this State or
unit of local government which is vested by law or ordinance
with the duty to maintain public order and to enforce criminal
law or ordinances.
"Law enforcement officer" or "officer" means any officer,
agent, or employee of this State or a unit of local government

SB3642 - 565 - LRB101 20589 WGH 70218 b
authorized by law or by a government agency to engage in or
supervise the prevention, detection, or investigation of any
violation of criminal law, or authorized by law to supervise
accused persons or sentenced criminal offenders.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 709/5-10)
Sec. 5-10. Central repository of crime statistics. The
Illinois Department of State Police shall be a central
repository and custodian of crime statistics for the State and
shall have all the power necessary to carry out the purposes of
this Act, including the power to demand and receive cooperation
in the submission of crime statistics from all law enforcement
agencies. All data and information provided to the Illinois
State Police Department under this Act must be provided in a
manner and form prescribed by the Illinois State Police
Department. On an annual basis, the Illinois State Police
Department shall make available compilations of crime
statistics required to be reported by each law enforcement
agency.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 709/5-12)
Sec. 5-12. Monthly reporting. All law enforcement agencies
shall submit to the Illinois Department of State Police on a
monthly basis the following:

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(1) beginning January 1, 2016, a report on any
arrest-related death that shall include information
regarding the deceased, the officer, any weapon used by the
officer or the deceased, and the circumstances of the
incident. The Illinois State Police Department shall
submit on a quarterly basis all information collected under
this paragraph (1) to the Illinois Criminal Justice
Information Authority, contingent upon updated federal
guidelines regarding the Uniform Crime Reporting Program;
(2) beginning January 1, 2017, a report on any instance
when a law enforcement officer discharges his or her
firearm causing a non-fatal injury to a person, during the
performance of his or her official duties or in the line of
duty;
(3) a report of incident-based information on hate
crimes including information describing the offense,
location of the offense, type of victim, offender, and bias
motivation. If no hate crime incidents occurred during a
reporting month, the law enforcement agency must submit a
no incident record, as required by the Illinois State
Police Department;
(4) a report on any incident of an alleged commission
of a domestic crime, that shall include information
regarding the victim, offender, date and time of the
incident, any injury inflicted, any weapons involved in the
commission of the offense, and the relationship between the

SB3642 - 567 - LRB101 20589 WGH 70218 b
victim and the offender;
(5) data on an index of offenses selected by the
Illinois State Police Department based on the seriousness
of the offense, frequency of occurrence of the offense, and
likelihood of being reported to law enforcement. The data
shall include the number of index crime offenses committed
and number of associated arrests; and
(6) data on offenses and incidents reported by schools
to local law enforcement. The data shall include offenses
defined as an attack against school personnel,
intimidation offenses, drug incidents, and incidents
involving weapons.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 709/5-15)
Sec. 5-15. Supplemental homicide reporting. Beginning
July 1, 2016, each law enforcement agency shall submit to the
Illinois State Police Department incident-based information on
any criminal homicide. The data shall be provided quarterly by
law enforcement agencies containing information as specified
by the Illinois State Police Department.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 709/5-20)
Sec. 5-20. Reporting compliance. The Illinois Department
of State Police shall annually report to the Illinois Law

SB3642 - 568 - LRB101 20589 WGH 70218 b
Enforcement Training Standards Board any law enforcement
agency not in compliance with the reporting requirements under
this Act. A law enforcement agency's compliance with the
reporting requirements under this Act shall be a factor
considered by the Illinois Law Enforcement Training Standards
Board in awarding grant funding under the Law Enforcement
Camera Grant Act.
(Source: P.A. 99-352, eff. 1-1-16.)
(50 ILCS 709/5-30)
Sec. 5-30. Rulemaking authority. The Illinois State Police
Department is vested with the full power to adopt and prescribe
reasonable rules for the purpose of administering the
provisions of this Act and conditions under which all data is
collected.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 400. The Missing Persons Identification Act is
amended by changing Sections 5, 10, 15, and 20 as follows:
(50 ILCS 722/5)
(Text of Section before amendment by P.A. 101-266)
Sec. 5. Missing person reports.
(a) Report acceptance. All law enforcement agencies shall
accept without delay any report of a missing person. Acceptance
of a missing person report filed in person may not be refused

SB3642 - 569 - LRB101 20589 WGH 70218 b
on any ground. No law enforcement agency may refuse to accept a
missing person report:
(1) on the basis that the missing person is an adult;
(2) on the basis that the circumstances do not indicate
foul play;
(3) on the basis that the person has been missing for a
short period of time;
(4) on the basis that the person has been missing a
long period of time;
(5) on the basis that there is no indication that the
missing person was in the jurisdiction served by the law
enforcement agency at the time of the disappearance;
(6) on the basis that the circumstances suggest that
the disappearance may be voluntary;
(7) on the basis that the reporting individual does not
have personal knowledge of the facts;
(8) on the basis that the reporting individual cannot
provide all of the information requested by the law
enforcement agency;
(9) on the basis that the reporting individual lacks a
familial or other relationship with the missing person;
(9-5) on the basis of the missing person's mental state
or medical condition; or
(10) for any other reason.
(b) Manner of reporting. All law enforcement agencies shall
accept missing person reports in person. Law enforcement

SB3642 - 570 - LRB101 20589 WGH 70218 b
agencies are encouraged to accept reports by phone or by
electronic or other media to the extent that such reporting is
consistent with law enforcement policies or practices.
(c) Contents of report. In accepting a report of a missing
person, the law enforcement agency shall attempt to gather
relevant information relating to the disappearance. The law
enforcement agency shall attempt to gather at the time of the
report information that shall include, but shall not be limited
to, the following:
(1) the name of the missing person, including
alternative names used;
(2) the missing person's date of birth;
(3) the missing person's identifying marks, such as
birthmarks, moles, tattoos, and scars;
(4) the missing person's height and weight;
(5) the missing person's gender;
(6) the missing person's race;
(7) the missing person's current hair color and true or
natural hair color;
(8) the missing person's eye color;
(9) the missing person's prosthetics, surgical
implants, or cosmetic implants;
(10) the missing person's physical anomalies;
(11) the missing person's blood type, if known;
(12) the missing person's driver's license number, if
known;

SB3642 - 571 - LRB101 20589 WGH 70218 b
(13) the missing person's social security number, if
known;
(14) a photograph of the missing person; recent
photographs are preferable and the agency is encouraged to
attempt to ascertain the approximate date the photograph
was taken;
(15) a description of the clothing the missing person
was believed to be wearing;
(16) a description of items that might be with the
missing person, such as jewelry, accessories, and shoes or
boots;
(17) information on the missing person's electronic
communications devices, such as cellular telephone numbers
and e-mail addresses;
(18) the reasons why the reporting individual believes
that the person is missing;
(19) the name and location of the missing person's
school or employer, if known;
(20) the name and location of the missing person's
dentist or primary care physician or provider, or both, if
known;
(21) any circumstances that may indicate that the
disappearance was not voluntary;
(22) any circumstances that may indicate that the
missing person may be at risk of injury or death;
(23) a description of the possible means of

SB3642 - 572 - LRB101 20589 WGH 70218 b
transportation of the missing person, including make,
model, color, license number, and Vehicle Identification
Number of a vehicle;
(24) any identifying information about a known or
possible abductor or person last seen with the missing
person, or both, including:
(A) name;
(B) a physical description;
(C) date of birth;
(D) identifying marks;
(E) the description of possible means of
transportation, including make, model, color, license
number, and Vehicle Identification Number of a
vehicle;
(F) known associates;
(25) any other information that may aid in locating the
missing person; and
(26) the date of last contact.
(d) Notification and follow up action.
(1) Notification. The law enforcement agency shall
notify the person making the report, a family member, or
other person in a position to assist the law enforcement
agency in its efforts to locate the missing person of the
following:
(A) general information about the handling of the
missing person case or about intended efforts in the

SB3642 - 573 - LRB101 20589 WGH 70218 b
case to the extent that the law enforcement agency
determines that disclosure would not adversely affect
its ability to locate or protect the missing person or
to apprehend or prosecute any person criminally
involved in the disappearance;
(B) that the person should promptly contact the law
enforcement agency if the missing person remains
missing in order to provide additional information and
materials that will aid in locating the missing person
such as the missing person's credit cards, debit cards,
banking information, and cellular telephone records;
and
(C) that any DNA samples provided for the missing
person case are provided on a voluntary basis and will
be used solely to help locate or identify the missing
person and will not be used for any other purpose.
The law enforcement agency, upon acceptance of a
missing person report, shall inform the reporting citizen
of one of 2 resources, based upon the age of the missing
person. If the missing person is under 18 years of age,
contact information for the National Center for Missing and
Exploited Children shall be given. If the missing person is
age 18 or older, contact information for the National
Center for Missing Adults shall be given.
Agencies handling the remains of a missing person who
is deceased must notify the agency handling the missing

SB3642 - 574 - LRB101 20589 WGH 70218 b
person's case. Documented efforts must be made to locate
family members of the deceased person to inform them of the
death and location of the remains of their family member.
The law enforcement agency is encouraged to make
available informational materials, through publications or
electronic or other media, that advise the public about how
the information or materials identified in this subsection
are used to help locate or identify missing persons.
(2) Follow up action. If the person identified in the
missing person report remains missing after 30 days, and
the additional information and materials specified below
have not been received, the law enforcement agency shall
attempt to obtain:
(A) DNA samples from family members or from the
missing person along with any needed documentation, or
both, including any consent forms, required for the use
of State or federal DNA databases, including, but not
limited to, the Local DNA Index System (LDIS), State
DNA Index System (SDIS), and National DNA Index System
(NDIS);
(B) an authorization to release dental or skeletal
x-rays of the missing person;
(C) any additional photographs of the missing
person that may aid the investigation or an
identification; the law enforcement agency is not
required to obtain written authorization before it

SB3642 - 575 - LRB101 20589 WGH 70218 b
releases publicly any photograph that would aid in the
investigation or identification of the missing person;
(D) dental information and x-rays; and
(E) fingerprints.
(3) All DNA samples obtained in missing person cases
shall be immediately forwarded to the Illinois Department
of State Police for analysis. The Illinois Department of
State Police shall establish procedures for determining
how to prioritize analysis of the samples relating to
missing person cases.
(4) This subsection shall not be interpreted to
preclude a law enforcement agency from attempting to obtain
the materials identified in this subsection before the
expiration of the 30-day period.
(Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17.)
(Text of Section after amendment by P.A. 101-266)
Sec. 5. Missing person reports.
(a) Report acceptance. All law enforcement agencies shall
accept without delay any report of a missing person and may
attempt to obtain a DNA sample from the missing person or a DNA
reference sample created from family members' DNA samples for
submission under paragraph (1) of subsection (c) of Section 10.
Acceptance of a missing person report filed in person may not
be refused on any ground. No law enforcement agency may refuse
to accept a missing person report:

SB3642 - 576 - LRB101 20589 WGH 70218 b
(1) on the basis that the missing person is an adult;
(2) on the basis that the circumstances do not indicate
foul play;
(3) on the basis that the person has been missing for a
short period of time;
(4) on the basis that the person has been missing a
long period of time;
(5) on the basis that there is no indication that the
missing person was in the jurisdiction served by the law
enforcement agency at the time of the disappearance;
(6) on the basis that the circumstances suggest that
the disappearance may be voluntary;
(7) on the basis that the reporting individual does not
have personal knowledge of the facts;
(8) on the basis that the reporting individual cannot
provide all of the information requested by the law
enforcement agency;
(9) on the basis that the reporting individual lacks a
familial or other relationship with the missing person;
(9-5) on the basis of the missing person's mental state
or medical condition; or
(10) for any other reason.
(b) Manner of reporting. All law enforcement agencies shall
accept missing person reports in person. Law enforcement
agencies are encouraged to accept reports by phone or by
electronic or other media to the extent that such reporting is

SB3642 - 577 - LRB101 20589 WGH 70218 b
consistent with law enforcement policies or practices.
(c) Contents of report. In accepting a report of a missing
person, the law enforcement agency shall attempt to gather
relevant information relating to the disappearance. The law
enforcement agency shall attempt to gather at the time of the
report information that shall include, but shall not be limited
to, the following:
(1) the name of the missing person, including
alternative names used;
(2) the missing person's date of birth;
(3) the missing person's identifying marks, such as
birthmarks, moles, tattoos, and scars;
(4) the missing person's height and weight;
(5) the missing person's gender;
(6) the missing person's race;
(7) the missing person's current hair color and true or
natural hair color;
(8) the missing person's eye color;
(9) the missing person's prosthetics, surgical
implants, or cosmetic implants;
(10) the missing person's physical anomalies;
(11) the missing person's blood type, if known;
(12) the missing person's driver's license number, if
known;
(13) the missing person's social security number, if
known;

SB3642 - 578 - LRB101 20589 WGH 70218 b
(14) a photograph of the missing person; recent
photographs are preferable and the agency is encouraged to
attempt to ascertain the approximate date the photograph
was taken;
(15) a description of the clothing the missing person
was believed to be wearing;
(16) a description of items that might be with the
missing person, such as jewelry, accessories, and shoes or
boots;
(17) information on the missing person's electronic
communications devices, such as cellular telephone numbers
and e-mail addresses;
(18) the reasons why the reporting individual believes
that the person is missing;
(19) the name and location of the missing person's
school or employer, if known;
(20) the name and location of the missing person's
dentist or primary care physician or provider, or both, if
known;
(21) any circumstances that may indicate that the
disappearance was not voluntary;
(22) any circumstances that may indicate that the
missing person may be at risk of injury or death;
(23) a description of the possible means of
transportation of the missing person, including make,
model, color, license number, and Vehicle Identification

SB3642 - 579 - LRB101 20589 WGH 70218 b
Number of a vehicle;
(24) any identifying information about a known or
possible abductor or person last seen with the missing
person, or both, including:
(A) name;
(B) a physical description;
(C) date of birth;
(D) identifying marks;
(E) the description of possible means of
transportation, including make, model, color, license
number, and Vehicle Identification Number of a
vehicle;
(F) known associates;
(25) any other information that may aid in locating the
missing person; and
(26) the date of last contact.
(d) Notification and follow up action.
(1) Notification. The law enforcement agency shall
notify the person making the report, a family member, or
other person in a position to assist the law enforcement
agency in its efforts to locate the missing person of the
following:
(A) general information about the handling of the
missing person case or about intended efforts in the
case to the extent that the law enforcement agency
determines that disclosure would not adversely affect

SB3642 - 580 - LRB101 20589 WGH 70218 b
its ability to locate or protect the missing person or
to apprehend or prosecute any person criminally
involved in the disappearance;
(B) that the person should promptly contact the law
enforcement agency if the missing person remains
missing in order to provide additional information and
materials that will aid in locating the missing person
such as the missing person's credit cards, debit cards,
banking information, and cellular telephone records;
and
(C) that any DNA samples provided for the missing
person case are provided on a voluntary basis and will
be used solely to help locate or identify the missing
person and will not be used for any other purpose.
The law enforcement agency, upon acceptance of a
missing person report, shall inform the reporting citizen
of one of 2 resources, based upon the age of the missing
person. If the missing person is under 18 years of age,
contact information for the National Center for Missing and
Exploited Children shall be given. If the missing person is
age 18 or older, contact information for the National
Missing and Unidentified Persons System (NamUs)
organization shall be given.
The law enforcement agency is encouraged to make
available informational materials, through publications or
electronic or other media, that advise the public about how

SB3642 - 581 - LRB101 20589 WGH 70218 b
the information or materials identified in this subsection
are used to help locate or identify missing persons.
(2) Follow up action. If the person identified in the
missing person report remains missing after 30 days, but
not more than 60 days, the law enforcement agency may
generate a report of the missing person within the National
Missing and Unidentified Persons System (NamUs), and the
law enforcement agency may attempt to obtain the additional
information and materials that have not been received,
specified below:
(A) DNA samples from family members or from the
missing person along with any needed documentation, or
both, including any consent forms, required for the use
of State or federal DNA databases, including, but not
limited to, the Local DNA Index System (LDIS), State
DNA Index System (SDIS), National DNA Index System
(NDIS), and National Missing and Unidentified Persons
System (NamUs) partner laboratories;
(B) an authorization to release dental or skeletal
x-rays of the missing person;
(C) any additional photographs of the missing
person that may aid the investigation or an
identification; the law enforcement agency is not
required to obtain written authorization before it
releases publicly any photograph that would aid in the
investigation or identification of the missing person;

SB3642 - 582 - LRB101 20589 WGH 70218 b
(D) dental information and x-rays; and
(E) fingerprints.
(3) Samples collected for DNA analysis may be submitted
to a National Missing and Unidentified Persons System
(NamUs) partner laboratory or other resource where DNA
profiles are entered into local, State, and national DNA
Index Systems within 60 days. The Illinois Department of
State Police shall establish procedures for determining
how to prioritize analysis of the samples relating to
missing person cases. All DNA samples obtained in missing
person cases from family members of the missing person may
not be retained after the location or identification of the
remains of the missing person unless there is a search
warrant signed by a court of competent jurisdiction.
(4) This subsection shall not be interpreted to
preclude a law enforcement agency from attempting to obtain
the materials identified in this subsection before the
expiration of the 30-day period. The responsible law
enforcement agency may make a National Missing and
Unidentified Persons System (NamUs) report on the missing
person within 60 days after the report of the disappearance
of the missing person.
(5) Law enforcement agencies are encouraged to
establish written protocols for the handling of missing
person cases to accomplish the purposes of this Act.
(Source: P.A. 101-266, eff. 1-1-21.)

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(50 ILCS 722/10)
(Text of Section before amendment by P.A. 101-266)
Sec. 10. Law enforcement analysis and reporting of missing
person information.
(a) Prompt determination of high-risk missing person.
(1) Definition. "High-risk missing person" means a
person whose whereabouts are not currently known and whose
circumstances indicate that the person may be at risk of
injury or death. The circumstances that indicate that a
person is a high-risk missing person include, but are not
limited to, any of the following:
(A) the person is missing as a result of a stranger
abduction;
(B) the person is missing under suspicious
circumstances;
(C) the person is missing under unknown
circumstances;
(D) the person is missing under known dangerous
circumstances;
(E) the person is missing more than 30 days;
(F) the person has already been designated as a
high-risk missing person by another law enforcement
agency;
(G) there is evidence that the person is at risk
because:

SB3642 - 584 - LRB101 20589 WGH 70218 b
(i) the person is in need of medical attention,
including but not limited to persons with
dementia-like symptoms, or prescription
medication;
(ii) the person does not have a pattern of
running away or disappearing;
(iii) the person may have been abducted by a
non-custodial parent;
(iv) the person is mentally impaired,
including, but not limited to, a person having a
developmental disability, as defined in Section
1-106 of the Mental Health and Developmental
Disabilities Code, or a person having an
intellectual disability, as defined in Section
1-116 of the Mental Health and Developmental
Disabilities Code;
(v) the person is under the age of 21;
(vi) the person has been the subject of past
threats or acts of violence;
(vii) the person has eloped from a nursing
home;
(G-5) the person is a veteran or active duty member
of the United States Armed Forces, the National Guard,
or any reserve component of the United States Armed
Forces who is believed to have a physical or mental
health condition that is related to his or her service;

SB3642 - 585 - LRB101 20589 WGH 70218 b
or
(H) any other factor that may, in the judgment of
the law enforcement official, indicate that the
missing person may be at risk.
(2) Law enforcement risk assessment.
(A) Upon initial receipt of a missing person
report, the law enforcement agency shall immediately
determine whether there is a basis to determine that
the missing person is a high-risk missing person.
(B) If a law enforcement agency has previously
determined that a missing person is not a high-risk
missing person, but obtains new information, it shall
immediately determine whether the information
indicates that the missing person is a high-risk
missing person.
(C) Law enforcement agencies are encouraged to
establish written protocols for the handling of
missing person cases to accomplish the purposes of this
Act.
(3) Law enforcement agency reports.
(A) The responding local law enforcement agency
shall immediately enter all collected information
relating to the missing person case in the Law
Enforcement Agencies Data System (LEADS) and the
National Crime Information Center (NCIC) databases.
The information shall be provided in accordance with

SB3642 - 586 - LRB101 20589 WGH 70218 b
applicable guidelines relating to the databases. The
information shall be entered as follows:
(i) All appropriate DNA profiles, as
determined by the Illinois Department of State
Police, shall be uploaded into the missing person
databases of the State DNA Index System (SDIS) and
National DNA Index System (NDIS) after completion
of the DNA analysis and other procedures required
for database entry.
(ii) Information relevant to the Federal
Bureau of Investigation's Violent Criminal
Apprehension Program shall be entered as soon as
possible.
(iii) The Illinois Department of State Police
shall ensure that persons entering data relating
to medical or dental records in State or federal
databases are specifically trained to understand
and correctly enter the information sought by
these databases. The Illinois Department of State
Police shall either use a person with specific
expertise in medical or dental records for this
purpose or consult with a chief medical examiner,
forensic anthropologist, or odontologist to ensure
the accuracy and completeness of information
entered into the State and federal databases.
(B) The Illinois Department of State Police shall

SB3642 - 587 - LRB101 20589 WGH 70218 b
immediately notify all law enforcement agencies within
this State and the surrounding region of the
information that will aid in the prompt location and
safe return of the high-risk missing person.
(C) The local law enforcement agencies that
receive the notification from the Illinois Department
of State Police shall notify officers to be on the
lookout for the missing person or a suspected abductor.
(D) Pursuant to any applicable State criteria,
local law enforcement agencies shall also provide for
the prompt use of an Amber Alert in cases involving
abducted children; or use of the Endangered Missing
Person Advisory in appropriate high risk cases.
(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
100-835, eff. 1-1-19; 101-81, eff. 7-12-19.)
(Text of Section after amendment by P.A. 101-266)
Sec. 10. Law enforcement analysis and reporting of missing
person information.
(a) Prompt determination and definition of a high-risk
missing person.
(1) Definition. "High-risk missing person" means a
person whose whereabouts are not currently known and whose
circumstances indicate that the person may be at risk of
injury or death. The circumstances that indicate that a
person is a high-risk missing person include, but are not

SB3642 - 588 - LRB101 20589 WGH 70218 b
limited to, any of the following:
(A) the person is missing as a result of a stranger
abduction;
(B) the person is missing under suspicious
circumstances;
(C) the person is missing under unknown
circumstances;
(D) the person is missing under known dangerous
circumstances;
(E) the person is missing more than 30 days;
(F) the person has already been designated as a
high-risk missing person by another law enforcement
agency;
(G) there is evidence that the person is at risk
because:
(i) the person is in need of medical attention,
including but not limited to persons with
dementia-like symptoms, or prescription
medication;
(ii) the person does not have a pattern of
running away or disappearing;
(iii) the person may have been abducted by a
non-custodial parent;
(iv) the person is mentally impaired,
including, but not limited to, a person having a
developmental disability, as defined in Section

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1-106 of the Mental Health and Developmental
Disabilities Code, or a person having an
intellectual disability, as defined in Section
1-116 of the Mental Health and Developmental
Disabilities Code;
(v) the person is under the age of 21;
(vi) the person has been the subject of past
threats or acts of violence;
(vii) the person has eloped from a nursing
home;
(G-5) the person is a veteran or active duty member
of the United States Armed Forces, the National Guard,
or any reserve component of the United States Armed
Forces who is believed to have a physical or mental
health condition that is related to his or her service;
or
(H) any other factor that may, in the judgment of
the law enforcement official, indicate that the
missing person may be at risk.
(b) Law enforcement risk assessment.
(1) Upon initial receipt of a missing person report,
the law enforcement agency shall immediately determine
whether there is a basis to determine that the missing
person is a high-risk missing person.
(2) If a law enforcement agency has previously
determined that a missing person is not a high-risk missing

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person, but obtains new information, it shall immediately
determine whether the information indicates that the
missing person is a high-risk missing person.
(3) Law enforcement agencies are encouraged to
establish written protocols for the handling of missing
person cases to accomplish the purposes of this Act.
(c) Law enforcement reporting.
(1) The responding local law enforcement agency shall
immediately enter all collected information relating to
the missing person case in the Law Enforcement Agencies
Data System (LEADS) and the National Crime Information
Center (NCIC) databases and the National Missing and
Unidentified Persons System (NamUs) within 45 days after
the receipt of the report, or in the case of a high risk
missing person, within 30 days after the receipt of the
report. If the DNA sample submission is to a National
Missing and Unidentified Persons System (NamUs) partner
laboratory, the DNA profile may be uploaded by the partner
laboratory to the National DNA Index System (NDIS). A
packet submission of all relevant reports and DNA samples
may be sent to the National Missing and Unidentified
Persons System (NamUs) within 30 days for any high-risk
missing person cases. The information shall be provided in
accordance with applicable guidelines relating to the
databases. The information shall be entered as follows:
(A) If Illinois Department of State Police

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laboratories are utilized in lieu of National Missing
and Unidentified Persons System (NamUs) partner
laboratories, all appropriate DNA profiles, as
determined by the Illinois Department of State Police,
shall be uploaded into the missing person databases of
the State DNA Index System (SDIS) and National DNA
Index System (NDIS) after completion of the DNA
analysis and other procedures required for database
entry. The responding local law enforcement agency may
submit any DNA samples voluntarily obtained from
family members to a National Missing and Unidentified
Persons System (NamUs) partner laboratory for DNA
analysis within 30 days. A notation of DNA submission
may be made within the National Missing and
Unidentified Persons System (NamUs) record.
(B) Information relevant to the Federal Bureau of
Investigation's Violent Criminal Apprehension Program
shall be entered as soon as possible.
(C) The Illinois Department of State Police shall
ensure that persons entering data relating to medical
or dental records in State or federal databases are
specifically trained to understand and correctly enter
the information sought by these databases. The
Illinois Department of State Police shall either use a
person with specific expertise in medical or dental
records for this purpose or consult with a chief

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medical examiner, forensic anthropologist, or
odontologist to ensure the accuracy and completeness
of information entered into the State and federal
databases.
(2) The Illinois Department of State Police shall
immediately notify all law enforcement agencies within
this State and the surrounding region of the information
that will aid in the prompt location and safe return of the
high-risk missing person.
(3) The local law enforcement agencies that receive the
notification from the Illinois Department of State Police
shall notify officers to be on the lookout for the missing
person or a suspected abductor.
(4) Pursuant to any applicable State criteria, local
law enforcement agencies shall also provide for the prompt
use of an Amber Alert in cases involving abducted children;
or use of the Endangered Missing Person Advisory in
appropriate high risk cases.
(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
100-835, eff. 1-1-19; 101-81, eff. 7-12-19; 101-266, eff.
1-1-21.)
(50 ILCS 722/15)
Sec. 15. Reporting of unidentified persons and human
remains.
(a) Handling of death scene investigations.

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(1) The Illinois Department of State Police shall
provide information to local law enforcement agencies
about best practices for handling death scene
investigations.
(2) The Illinois Department of State Police shall
identify any publications or training opportunities that
may be available to local law enforcement agencies or law
enforcement officers and coroners and medical examiners
concerning the handling of death scene investigations.
(b) Law enforcement reports.
(1) Before performing any death scene investigation
deemed appropriate under the circumstances, the official
with custody of the human remains shall ensure that the
coroner or medical examiner of the county in which the
deceased was found has been notified.
(2) Any coroner or medical examiner with custody of
human remains that are not identified within 24 hours of
discovery shall promptly notify the Illinois Department of
State Police of the location of those remains.
(3) If the coroner or medical examiner with custody of
remains cannot determine whether or not the remains found
are human, the coroner or medical examiner shall notify the
Illinois Department of State Police of the existence of
possible human remains.
(Source: P.A. 95-192, eff. 8-16-07.)

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(50 ILCS 722/20)
Sec. 20. Unidentified persons or human remains
identification responsibilities.
(a) In this Section, "assisting law enforcement agency"
means a law enforcement agency with jurisdiction acting under
the request and direction of the medical examiner or coroner to
assist with human remains identification.
(a-5) If the official with custody of the human remains is
not a coroner or medical examiner, the official shall
immediately notify the coroner or medical examiner of the
county in which the remains were found. The coroner or medical
examiner shall go to the scene and take charge of the remains.
(b) Notwithstanding any other action deemed appropriate
for the handling of the human remains, the assisting law
enforcement agency, medical examiner, or coroner shall make
reasonable attempts to promptly identify human remains. This
does not include historic or prehistoric skeletal remains.
These actions shall include, but are not limited to, obtaining
the following when possible:
(1) photographs of the human remains (prior to an
autopsy);
(2) dental and skeletal X-rays;
(3) photographs of items found on or with the human
remains;
(4) fingerprints from the remains;
(5) tissue samples suitable for DNA analysis;

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(6) (blank); and
(7) any other information that may support
identification efforts.
(c) No medical examiner or coroner or any other person
shall dispose of, or engage in actions that will materially
affect the unidentified human remains before the assisting law
enforcement agency, medical examiner, or coroner obtains items
essential for human identification efforts listed in
subsection (b) of this Section.
(d) Cremation of unidentified human remains is prohibited.
(e) (Blank).
(f) The assisting law enforcement agency, medical
examiner, or coroner shall seek support from appropriate State
and federal agencies, including National Missing and
Unidentified Persons System resources to facilitate prompt
identification of human remains. This support may include, but
is not limited to, fingerprint comparison; forensic
odontology; nuclear or mitochondrial DNA analysis, or both; and
forensic anthropology.
(f-5) Fingerprints from the unidentified remains,
including partial prints, shall be submitted to the Illinois
Department of State Police or other resource for the purpose of
attempting to identify the deceased. The coroner or medical
examiner shall cause a dental examination to be performed by a
forensic odontologist for the purpose of dental charting,
comparison to missing person records, or both. Tissue samples

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collected for DNA analysis shall be submitted within 30 days of
the recovery of the remains to a National Missing and
Unidentified Persons System partner laboratory or other
resource where DNA profiles are entered into the National DNA
Index System upon completion of testing. Forensic
anthropological analysis of the remains shall also be
considered.
(g) (Blank).
(g-2) The medical examiner or coroner shall report the
unidentified human remains and the location where the remains
were found to the Illinois Department of State Police within 24
hours of discovery as mandated by Section 15 of this Act. The
assisting law enforcement agency, medical examiner, or coroner
shall contact the Illinois Department of State Police to
request the creation of a National Crime Information Center
Unidentified Person record within 5 days of the discovery of
the remains. The assisting law enforcement agency, medical
examiner, or coroner shall provide the Illinois Department of
State Police all information required for National Crime
Information Center entry. Upon notification, the Illinois
Department of State Police shall create the Unidentified Person
record without unnecessary delay.
(g-5) The assisting law enforcement agency, medical
examiner, or coroner shall obtain a National Crime Information
Center number from the Illinois Department of State Police to
verify entry and maintain this number within the unidentified

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human remains case file. A National Crime Information Center
Unidentified Person record shall remain on file indefinitely or
until action is taken by the originating agency to clear or
cancel the record. The assisting law enforcement agency,
medical examiner, or coroner shall notify the Illinois
Department of State Police of necessary record modifications or
cancellation if identification is made.
(h) (Blank).
(h-5) The assisting law enforcement agency, medical
examiner, or coroner shall create an unidentified person record
in the National Missing and Unidentified Persons System prior
to the submission of samples or within 30 days of the discovery
of the remains, if no identification has been made. The entry
shall include all available case information including
fingerprint data and dental charts. Samples shall be submitted
to a National Missing and Unidentified Persons System partner
laboratory for DNA analysis within 30 Days. A notation of DNA
submission shall be made within the National Missing and
Unidentified Persons System Unidentified Person record.
(i) Nothing in this Act shall be interpreted to preclude
any assisting law enforcement agency, medical examiner,
coroner, or the Illinois Department of State Police from
pursuing other efforts to identify human remains including
efforts to publicize information, descriptions, or photographs
related to the investigation.
(j) For historic or prehistoric human skeletal remains

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determined by an anthropologist to be older than 100 years,
jurisdiction shall be transferred to the Department of Natural
Resources for further investigation under the Archaeological
and Paleontological Resources Protection Act.
(Source: P.A. 100-901, eff. 1-1-19; 101-81, eff. 7-12-19.)
Section 410. The Police and Community Relations
Improvement Act is amended by changing Section 1-10 as follows:
(50 ILCS 727/1-10)
Sec. 1-10. Investigation of officer-involved deaths;
requirements.
(a) Each law enforcement agency shall have a written policy
regarding the investigation of officer-involved deaths that
involve a law enforcement officer employed by that law
enforcement agency.
(b) Each officer-involved death investigation shall be
conducted by at least 2 investigators, or an entity or agency
comprised of at least 2 investigators, one of whom is the lead
investigator. The lead investigator shall be a person certified
by the Illinois Law Enforcement Training Standards Board as a
Lead Homicide Investigator, or similar training approved by the
Illinois Law Enforcement Training Standards Board or the
Illinois Department of State Police, or similar training
provided at an Illinois Law Enforcement Training Standards
Board certified school. No investigator involved in the

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investigation may be employed by the law enforcement agency
that employs the officer involved in the officer-involved
death, unless the investigator is employed by the Illinois
Department of State Police and is not assigned to the same
division or unit as the officer involved in the death.
(c) In addition to the requirements of subsection (b) of
this Section, if the officer-involved death being investigated
involves a motor vehicle accident, at least one investigator
shall be certified by the Illinois Law Enforcement Training
Standards Board as a Crash Reconstruction Specialist, or
similar training approved by the Illinois Law Enforcement
Training Standards Board or the Illinois Department of State
Police, or similar training provided at an Illinois Law
Enforcement Training Standards Board certified school.
Notwithstanding the requirements of subsection (b) of this
Section, the policy for a law enforcement agency, when the
officer-involved death being investigated involves a motor
vehicle collision, may allow the use of an investigator who is
employed by that law enforcement agency and who is certified by
the Illinois Law Enforcement Training Standards Board as a
Crash Reconstruction Specialist, or similar training approved
by the Illinois Law Enforcement Training and Standards Board,
or similar certified training approved by the Illinois
Department of State Police, or similar training provided at an
Illinois Law Enforcement Training and Standards Board
certified school.

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(d) The investigators conducting the investigation shall,
in an expeditious manner, provide a complete report to the
State's Attorney of the county in which the officer-involved
death occurred.
(e) If the State's Attorney, or a designated special
prosecutor, determines there is no basis to prosecute the law
enforcement officer involved in the officer-involved death, or
if the law enforcement officer is not otherwise charged or
indicted, the investigators shall publicly release a report.
(Source: P.A. 99-352, eff. 1-1-16.)
Section 415. The Emergency Telephone System Act is amended
by changing Sections 2, 7, 8, 10, 12, 15.1, 15.4b, 15.5, 15.6,
15.6a, 15.6b, 17.5, 19, 20, 30, 40, 50, 55, 75, and 80 as
follows:
(50 ILCS 750/2) (from Ch. 134, par. 32)
(Section scheduled to be repealed on December 31, 2020)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"9-1-1 network" means the network used for the delivery of
9-1-1 calls and messages over dedicated and redundant
facilities to a primary or backup 9-1-1 PSAP that meets P.01
grade of service standards for basic 9-1-1 and enhanced 9-1-1
services or meets national I3 industry call delivery standards
for Next Generation 9-1-1 services.

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"9-1-1 system" means the geographic area that has been
granted an order of authority by the Commission or the
Statewide 9-1-1 Administrator to use "9-1-1" as the primary
emergency telephone number.
"9-1-1 Authority" includes an Emergency Telephone System
Board, Joint Emergency Telephone System Board, and a qualified
governmental entity. "9-1-1 Authority" includes the Illinois
Department of State Police only to the extent it provides 9-1-1
services under this Act.
"Administrator" means the Statewide 9-1-1 Administrator.
"Advanced service" means any telecommunications service
with or without dynamic bandwidth allocation, including, but
not limited to, ISDN Primary Rate Interface (PRI), that,
through the use of a DS-1, T-1, or other un-channelized or
multi-channel transmission facility, is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"ALI" or "automatic location identification" means, in an
E9-1-1 system, the automatic display at the public safety
answering point of the caller's telephone number, the address
or location of the telephone, and supplementary emergency
services information.
"ANI" or "automatic number identification" means the
automatic display of the 9-1-1 calling party's number on the
PSAP monitor.

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"Automatic alarm" and "automatic alerting device" mean any
device that will access the 9-1-1 system for emergency services
upon activation.
"Backup PSAP" means a public safety answering point that
serves as an alternate to the PSAP for enhanced systems and is
at a different location and operates independently from the
PSAP. A backup PSAP may accept overflow calls from the PSAP or
be activated if the primary PSAP is disabled.
"Board" means an Emergency Telephone System Board or a
Joint Emergency Telephone System Board created pursuant to
Section 15.4.
"Carrier" includes a telecommunications carrier and a
wireless carrier.
"Commission" means the Illinois Commerce Commission.
"Computer aided dispatch" or "CAD" means a computer-based
system that aids PSAP telecommunicators by automating selected
dispatching and recordkeeping activities.
"Direct dispatch method" means a 9-1-1 service that
provides for the direct dispatch by a PSAP telecommunicator of
the appropriate unit upon receipt of an emergency call and the
decision as to the proper action to be taken.
"Department" means the Department of State Police.
"DS-1, T-1, or similar un-channelized or multi-channel
transmission facility" means a facility that can transmit and
receive a bit rate of at least 1.544 megabits per second
(Mbps).

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"Dynamic bandwidth allocation" means the ability of the
facility or customer to drop and add channels, or adjust
bandwidth, when needed in real time for voice or data purposes.
"Enhanced 9-1-1" or "E9-1-1" means a telephone system that
includes network switching, database and PSAP premise elements
capable of providing automatic location identification data,
selective routing, selective transfer, fixed transfer, and a
call back number, including any enhanced 9-1-1 service so
designated by the Federal Communications Commission in its
report and order in WC Dockets Nos. 04-36 and 05-196, or any
successor proceeding.
"ETSB" means an emergency telephone system board appointed
by the corporate authorities of any county or municipality that
provides for the management and operation of a 9-1-1 system.
"Hearing-impaired individual" means a person with a
permanent hearing loss who can regularly and routinely
communicate by telephone only through the aid of devices which
can send and receive written messages over the telephone
network.
"Hosted supplemental 9-1-1 service" means a database
service that:
(1) electronically provides information to 9-1-1 call
takers when a call is placed to 9-1-1;
(2) allows telephone subscribers to provide
information to 9-1-1 to be used in emergency scenarios;
(3) collects a variety of formatted data relevant to

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9-1-1 and first responder needs, which may include, but is
not limited to, photographs of the telephone subscribers,
physical descriptions, medical information, household
data, and emergency contacts;
(4) allows for information to be entered by telephone
subscribers through a secure website where they can elect
to provide as little or as much information as they choose;
(5) automatically displays data provided by telephone
subscribers to 9-1-1 call takers for all types of
telephones when a call is placed to 9-1-1 from a registered
and confirmed phone number;
(6) supports the delivery of telephone subscriber
information through a secure internet connection to all
emergency telephone system boards;
(7) works across all 9-1-1 call taking equipment and
allows for the easy transfer of information into a computer
aided dispatch system; and
(8) may be used to collect information pursuant to an
Illinois Premise Alert Program as defined in the Illinois
Premise Alert Program (PAP) Act.
"Interconnected voice over Internet protocol provider" or
"Interconnected VoIP provider" has the meaning given to that
term under Section 13-235 of the Public Utilities Act.
"Joint ETSB" means a Joint Emergency Telephone System Board
established by intergovernmental agreement of two or more
municipalities or counties, or a combination thereof, to

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provide for the management and operation of a 9-1-1 system.
"Local public agency" means any unit of local government or
special purpose district located in whole or in part within
this State that provides or has authority to provide
firefighting, police, ambulance, medical, or other emergency
services.
"Mechanical dialer" means any device that either manually
or remotely triggers a dialing device to access the 9-1-1
system.
"Master Street Address Guide" or "MSAG" is a database of
street names and house ranges within their associated
communities defining emergency service zones (ESZs) and their
associated emergency service numbers (ESNs) to enable proper
routing of 9-1-1 calls.
"Mobile telephone number" or "MTN" means the telephone
number assigned to a wireless telephone at the time of initial
activation.
"Network connections" means the number of voice grade
communications channels directly between a subscriber and a
telecommunications carrier's public switched network, without
the intervention of any other telecommunications carrier's
switched network, which would be required to carry the
subscriber's inter-premises traffic and which connection
either (1) is capable of providing access through the public
switched network to a 9-1-1 Emergency Telephone System, if one
exists, or (2) if no system exists at the time a surcharge is

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imposed under Section 15.3, that would be capable of providing
access through the public switched network to the local 9-1-1
Emergency Telephone System if one existed. Where multiple voice
grade communications channels are connected to a
telecommunications carrier's public switched network through a
private branch exchange (PBX) service, there shall be
determined to be one network connection for each trunk line
capable of transporting either the subscriber's inter-premises
traffic to the public switched network or the subscriber's
9-1-1 calls to the public agency. Where multiple voice grade
communications channels are connected to a telecommunications
carrier's public switched network through centrex type
service, the number of network connections shall be equal to
the number of PBX trunk equivalents for the subscriber's
service or other multiple voice grade communication channels
facility, as determined by reference to any generally
applicable exchange access service tariff filed by the
subscriber's telecommunications carrier with the Commission.
"Network costs" means those recurring costs that directly
relate to the operation of the 9-1-1 network as determined by
the Statewide 9-1-1 Administrator with the advice of the
Statewide 9-1-1 Advisory Board, which may include, but need not
be limited to, some or all of the following: costs for
interoffice trunks, selective routing charges, transfer lines
and toll charges for 9-1-1 services, Automatic Location
Information (ALI) database charges, independent local exchange

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carrier charges and non-system provider charges, carrier
charges for third party database for on-site customer premises
equipment, back-up PSAP trunks for non-system providers,
periodic database updates as provided by carrier (also known as
"ALI data dump"), regional ALI storage charges, circuits for
call delivery (fiber or circuit connection), NG9-1-1 costs, and
all associated fees, taxes, and surcharges on each invoice.
"Network costs" shall not include radio circuits or toll
charges that are other than for 9-1-1 services.
"Next generation 9-1-1" or "NG9-1-1" means an Internet
Protocol-based (IP-based) system comprised of managed ESInets,
functional elements and applications, and databases that
replicate traditional E9-1-1 features and functions and
provide additional capabilities. "NG9-1-1" systems are
designed to provide access to emergency services from all
connected communications sources, and provide multimedia data
capabilities for PSAPs and other emergency services
organizations.
"NG9-1-1 costs" means those recurring costs that directly
relate to the Next Generation 9-1-1 service as determined by
the Statewide 9-1-1 Advisory Board, including, but not limited
to, costs for Emergency System Routing Proxy (ESRP), Emergency
Call Routing Function/Location Validation Function (ECRF/LVF),
Spatial Information Function (SIF), the Border Control
Function (BCF), and the Emergency Services Internet Protocol
networks (ESInets), legacy network gateways, and all

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associated fees, taxes, and surcharges on each invoice.
"Private branch exchange" or "PBX" means a private
telephone system and associated equipment located on the user's
property that provides communications between internal
stations and external networks.
"Private business switch service" means network and
premises based systems including a VoIP, Centrex type service,
or PBX service, even though key telephone systems or equivalent
telephone systems registered with the Federal Communications
Commission under 47 C.F.R. Part 68 are directly connected to
Centrex type and PBX systems. "Private business switch service"
does not include key telephone systems or equivalent telephone
systems registered with the Federal Communications Commission
under 47 C.F.R. Part 68 when not used in conjunction with a
VoIP, Centrex type, or PBX systems. "Private business switch
service" typically includes, but is not limited to, private
businesses, corporations, and industries where the
telecommunications service is primarily for conducting
business.
"Private residential switch service" means network and
premise based systems including a VoIP, Centrex type service,
or PBX service or key telephone systems or equivalent telephone
systems registered with the Federal Communications Commission
under 47 C.F.R. Part 68 that are directly connected to a VoIP,
Centrex type service, or PBX systems equipped for switched
local network connections or 9-1-1 system access to residential

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end users through a private telephone switch. "Private
residential switch service" does not include key telephone
systems or equivalent telephone systems registered with the
Federal Communications Commission under 47 C.F.R. Part 68 when
not used in conjunction with a VoIP, Centrex type, or PBX
systems. "Private residential switch service" typically
includes, but is not limited to, apartment complexes,
condominiums, and campus or university environments where
shared tenant service is provided and where the usage of the
telecommunications service is primarily residential.
"Public agency" means the State, and any unit of local
government or special purpose district located in whole or in
part within this State, that provides or has authority to
provide firefighting, police, ambulance, medical, or other
emergency services.
"Public safety agency" means a functional division of a
public agency that provides firefighting, police, medical, or
other emergency services to respond to and manage emergency
incidents. For the purpose of providing wireless service to
users of 9-1-1 emergency services, as expressly provided for in
this Act, the Illinois Department of State Police may be
considered a public safety agency.
"Public safety answering point" or "PSAP" is a set of
call-takers authorized by a governing body and operating under
common management that receive 9-1-1 calls and asynchronous
event notifications for a defined geographic area and processes

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those calls and events according to a specified operational
policy.
"Qualified governmental entity" means a unit of local
government authorized to provide 9-1-1 services pursuant to
this Act where no emergency telephone system board exists.
"Referral method" means a 9-1-1 service in which the PSAP
telecommunicator provides the calling party with the telephone
number of the appropriate public safety agency or other
provider of emergency services.
"Regular service" means any telecommunications service,
other than advanced service, that is capable of transporting
either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"Relay method" means a 9-1-1 service in which the PSAP
telecommunicator takes the pertinent information from a caller
and relays that information to the appropriate public safety
agency or other provider of emergency services.
"Remit period" means the billing period, one month in
duration, for which a wireless carrier remits a surcharge and
provides subscriber information by zip code to the Illinois
State Police Department, in accordance with Section 20 of this
Act.
"Secondary Answering Point" or "SAP" means a location,
other than a PSAP, that is able to receive the voice, data, and
call back number of E9-1-1 or NG9-1-1 emergency calls

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transferred from a PSAP and completes the call taking process
by dispatching police, medical, fire, or other emergency
responders.
"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
or, in the absence of an emergency telephone system board, a
qualified governmental entity, has not declared its intention
for one or more of its public safety answering points to serve
as a primary wireless 9-1-1 public safety answering point for
its jurisdiction. The operator of the statewide wireless
emergency 9-1-1 system shall be the Illinois Department of
State Police.
"System" means the communications equipment and related
software applications required to produce a response by the
appropriate emergency public safety agency or other provider of
emergency services as a result of an emergency call being
placed to 9-1-1.
"System provider" means the contracted entity providing
9-1-1 network and database services.
"Telecommunications carrier" means those entities included
within the definition specified in Section 13-202 of the Public
Utilities Act, and includes those carriers acting as resellers
of telecommunications services. "Telecommunications carrier"
includes telephone systems operating as mutual concerns.
"Telecommunications carrier" does not include a wireless
carrier.

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"Telecommunications technology" means equipment that can
send and receive written messages over the telephone network.
"Transfer method" means a 9-1-1 service in which the PSAP
telecommunicator receiving a call transfers that call to the
appropriate public safety agency or other provider of emergency
services.
"Transmitting messages" shall have the meaning given to
that term under Section 8-11-2 of the Illinois Municipal Code.
"Trunk line" means a transmission path, or group of
transmission paths, connecting a subscriber's PBX to a
telecommunications carrier's public switched network. In the
case of regular service, each voice grade communications
channel or equivalent amount of bandwidth capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a trunk line, even if it is bundled with other
channels or additional bandwidth. In the case of advanced
service, each DS-1, T-1, or other un-channelized or
multi-channel transmission facility that is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a single trunk line, even if it contains multiple
voice grade communications channels or otherwise supports 2 or
more voice grade calls at a time; provided, however, that each

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additional increment of up to 24 voice grade channels of
transmission capacity that is capable of transporting either
the subscriber's inter-premises voice telecommunications
services to the public switched network or the subscriber's
9-1-1 calls to the public agency shall be considered an
additional trunk line.
"Unmanned backup PSAP" means a public safety answering
point that serves as an alternate to the PSAP at an alternate
location and is typically unmanned but can be activated if the
primary PSAP is disabled.
"Virtual answering point" or "VAP" means a temporary or
nonpermanent location that is capable of receiving an emergency
call, contains a fully functional worksite that is not bound to
a specific location, but rather is portable and scalable,
connecting emergency call takers or dispatchers to the work
process, and is capable of completing the call dispatching
process.
"Voice-impaired individual" means a person with a
permanent speech disability which precludes oral
communication, who can regularly and routinely communicate by
telephone only through the aid of devices which can send and
receive written messages over the telephone network.
"Wireless carrier" means a provider of two-way cellular,
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as

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defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched
network, including a reseller of such service.
"Wireless enhanced 9-1-1" means the ability to relay the
telephone number of the originator of a 9-1-1 call and location
information from any mobile handset or text telephone device
accessing the wireless system to the designated wireless public
safety answering point as set forth in the order of the Federal
Communications Commission, FCC Docket No. 94-102, adopted June
12, 1996, with an effective date of October 1, 1996, and any
subsequent amendment thereto.
"Wireless public safety answering point" means the
functional division of a 9-1-1 authority accepting wireless
9-1-1 calls.
"Wireless subscriber" means an individual or entity to whom
a wireless service account or number has been assigned by a
wireless carrier, other than an account or number associated
with prepaid wireless telecommunication service.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/7) (from Ch. 134, par. 37)
(Section scheduled to be repealed on December 31, 2020)

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Sec. 7. The General Assembly finds that, because of
overlapping jurisdiction of public agencies, public safety
agencies and telephone service areas, the Administrator, with
the advice and recommendation of the Statewide 9-1-1 Advisory
Board, shall establish a general overview or plan to effectuate
the purposes of this Act within the time frame provided in this
Act. In order to insure that proper preparation and
implementation of emergency telephone systems are accomplished
by all public agencies as required under this Act, the Illinois
State Police Department, with the advice and assistance of the
Attorney General, shall secure compliance by public agencies as
provided in this Act.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/8) (from Ch. 134, par. 38)
(Section scheduled to be repealed on December 31, 2020)
Sec. 8. The Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
coordinate the implementation of systems established under
this Act. To assist with this coordination, all systems
authorized to operate under this Act shall register with the
Administrator information regarding its composition and
organization, including, but not limited to, identification of
all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup PSAPs.
The Illinois State Police Department may adopt rules for the
administration of this Section.

SB3642 - 616 - LRB101 20589 WGH 70218 b
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/10) (from Ch. 134, par. 40)
(Section scheduled to be repealed on December 31, 2020)
Sec. 10. (a) The Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
establish uniform technical and operational standards for all
9-1-1 systems in Illinois. All findings, orders, decisions,
rules, and regulations issued or promulgated by the Commission
under this Act or any other Act establishing or conferring
power on the Commission with respect to emergency
telecommunications services, shall continue in force.
Notwithstanding the provisions of this Section, where
applicable, the Administrator shall, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, amend the
Commission's findings, orders, decisions, rules, and
regulations to conform to the specific provisions of this Act
as soon as practicable after the effective date of this
amendatory Act of the 99th General Assembly.
(b) The Illinois State Police Department may adopt
emergency rules necessary to implement the provisions of this
amendatory Act of the 99th General Assembly under subsection
(t) of Section 5-45 of the Illinois Administrative Procedure
Act.
(c) Nothing in this Act shall deprive the Commission of any
authority to regulate the provision by telecommunication

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carriers or 9-1-1 system service providers of
telecommunication or other services under the Public Utilities
Act.
(d) For rules that implicate both the regulation of 9-1-1
authorities under this Act and the regulation of
telecommunication carriers and 9-1-1 system service providers
under the Public Utilities Act, the Illinois State Police
Department and the Commission may adopt joint rules necessary
for implementation.
(e) Any findings, orders, or decisions of the Administrator
under this Section shall be deemed a final administrative
decision and shall be subject to judicial review under the
Administrative Review Law.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/12) (from Ch. 134, par. 42)
(Section scheduled to be repealed on December 31, 2020)
Sec. 12. The Attorney General may, on behalf of the
Illinois State Police Department or on his own initiative,
commence judicial proceedings to enforce compliance by any
public agency or public utility providing telephone service
with this Act.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.1) (from Ch. 134, par. 45.1)
(Section scheduled to be repealed on December 31, 2020)

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Sec. 15.1. Public body; exemption from civil liability for
developing or operating emergency telephone system.
(a) In no event shall a public agency, the Commission, the
Statewide 9-1-1 Advisory Board, the Administrator, the
Illinois Department of State Police, public safety agency,
public safety answering point, emergency telephone system
board, or unit of local government assuming the duties of an
emergency telephone system board, or carrier, or its officers,
employees, assigns, or agents be liable for any civil damages
or criminal liability that directly or indirectly results from,
or is caused by, any act or omission in the development,
design, installation, operation, maintenance, performance, or
provision of 9-1-1 service required by this Act, unless the act
or omission constitutes gross negligence, recklessness, or
intentional misconduct.
A unit of local government, the Commission, the Statewide
9-1-1 Advisory Board, the Administrator, the Illinois
Department of State Police, public safety agency, public safety
answering point, emergency telephone system board, or carrier,
or its officers, employees, assigns, or agents, shall not be
liable for any form of civil damages or criminal liability that
directly or indirectly results from, or is caused by, the
release of subscriber information to any governmental entity as
required under the provisions of this Act, unless the release
constitutes gross negligence, recklessness, or intentional
misconduct.

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(b) Exemption from civil liability for emergency
instructions is as provided in the Good Samaritan Act.
(c) This Section may not be offered as a defense in any
judicial proceeding brought by the Attorney General under
Section 12 to compel compliance with this Act.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.4b)
(Section scheduled to be repealed on December 31, 2020)
Sec. 15.4b. Consolidation grants.
(a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall administer a 9-1-1
System Consolidation Grant Program to defray costs associated
with 9-1-1 system consolidation of systems outside of a
municipality with a population in excess of 500,000. The
awarded grants will be used to offset non-recurring costs
associated with the consolidation of 9-1-1 systems and shall
not be used for ongoing operating costs associated with the
consolidated system. The Illinois State Police Department, in
consultation with the Administrator and the Statewide 9-1-1
Advisory Board, shall adopt rules defining the grant process
and criteria for issuing the grants. The grants should be
awarded based on criteria that include, but are not limited to:
(1) reducing the number of transfers of a 9-1-1 call;
(2) reducing the infrastructure required to adequately
provide 9-1-1 network services;

SB3642 - 620 - LRB101 20589 WGH 70218 b
(3) promoting cost savings from resource sharing among
9-1-1 systems;
(4) facilitating interoperability and resiliency for
the receipt of 9-1-1 calls;
(5) reducing the number of 9-1-1 systems or reducing
the number of PSAPs within a 9-1-1 system;
(6) cost saving resulting from 9-1-1 system
consolidation; and
(7) expanding E9-1-1 service coverage as a result of
9-1-1 system consolidation including to areas without
E9-1-1 service.
Priority shall be given first to counties not providing
9-1-1 service as of January 1, 2016, and next to other entities
consolidating as required under Section 15.4a of this Act.
(b) The 9-1-1 System Consolidation Grant application, as
defined by Illinois State Police Department rules, shall be
submitted electronically to the Administrator starting January
2, 2016, and every January 2 thereafter. The application shall
include a modified 9-1-1 system plan as required by this Act in
support of the consolidation plan. The Administrator shall have
until June 30, 2016 and every June 30 thereafter to approve
9-1-1 System Consolidation grants and modified 9-1-1 system
plans. Payment under the approved 9-1-1 System Consolidation
grants shall be contingent upon the final approval of a
modified 9-1-1 system plan.
(c) Existing and previously completed consolidation

SB3642 - 621 - LRB101 20589 WGH 70218 b
projects shall be eligible to apply for reimbursement of costs
related to the consolidation incurred between 2010 and the
State fiscal year of the application.
(d) The 9-1-1 systems that receive grants under this
Section shall provide a report detailing grant fund usage to
the Administrator pursuant to Section 40 of this Act.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.5)
(Section scheduled to be repealed on December 31, 2020)
Sec. 15.5. Private residential switch service 9-1-1
service.
(a) After June 30, 1995, an entity that provides or
operates private residential switch service and provides
telecommunications facilities or services to residents shall
provide to those residential end users the same level of 9-1-1
service as the public agency and the telecommunications carrier
are providing to other residential end users of the local 9-1-1
system. This service shall include, but not be limited to, the
capability to identify the telephone number, extension number,
and the physical location that is the source of the call to the
number designated as the emergency telephone number.
(b) The private residential switch operator is responsible
for forwarding end user automatic location identification
record information to the 9-1-1 system provider according to
the format, frequency, and procedures established by that

SB3642 - 622 - LRB101 20589 WGH 70218 b
system provider.
(c) This Act does not apply to any PBX telephone extension
that uses radio transmissions to convey electrical signals
directly between the telephone extension and the serving PBX.
(d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Illinois State Police
Department or on his or her own initiative, or any other
interested person, from seeking judicial relief, by mandamus,
injunction, or otherwise, to compel compliance with this
Section.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.6)
(Section scheduled to be repealed on December 31, 2020)
Sec. 15.6. Enhanced 9-1-1 service; business service.
(a) After June 30, 2000, or within 18 months after enhanced
9-1-1 service becomes available, any entity that installs or
operates a private business switch service and provides
telecommunications facilities or services to businesses shall
assure that the system is connected to the public switched
network in a manner that calls to 9-1-1 result in automatic
number and location identification. For buildings having their
own street address and containing workspace of 40,000 square

SB3642 - 623 - LRB101 20589 WGH 70218 b
feet or less, location identification shall include the
building's street address. For buildings having their own
street address and containing workspace of more than 40,000
square feet, location identification shall include the
building's street address and one distinct location
identification per 40,000 square feet of workspace. Separate
buildings containing workspace of 40,000 square feet or less
having a common public street address shall have a distinct
location identification for each building in addition to the
street address.
(b) Exemptions. Buildings containing workspace of more
than 40,000 square feet are exempt from the multiple location
identification requirements of subsection (a) if the building
maintains, at all times, alternative and adequate means of
signaling and responding to emergencies. Those means shall
include, but not be limited to, a telephone system that
provides the physical location of 9-1-1 calls coming from
within the building. Health care facilities are presumed to
meet the requirements of this paragraph if the facilities are
staffed with medical or nursing personnel 24 hours per day and
if an alternative means of providing information about the
source of an emergency call exists. Buildings under this
exemption must provide 9-1-1 service that provides the
building's street address.
Buildings containing workspace of more than 40,000 square
feet are exempt from subsection (a) if the building maintains,

SB3642 - 624 - LRB101 20589 WGH 70218 b
at all times, alternative and adequate means of signaling and
responding to emergencies, including a telephone system that
provides the location of a 9-1-1 call coming from within the
building, and the building is serviced by its own medical, fire
and security personnel. Buildings under this exemption are
subject to emergency phone system certification by the
Administrator.
Buildings in communities not serviced by enhanced 9-1-1
service are exempt from subsection (a).
Correctional institutions and facilities, as defined in
subsection (d) of Section 3-1-2 of the Unified Code of
Corrections, are exempt from subsection (a).
(c) This Act does not apply to any PBX telephone extension
that uses radio transmissions to convey electrical signals
directly between the telephone extension and the serving PBX.
(d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Illinois State Police
Department or on his or her own initiative, or any other
interested person, from seeking judicial relief, by mandamus,
injunction, or otherwise, to compel compliance with this
Section.
(f) The Illinois State Police Department may promulgate
rules for the administration of this Section.

SB3642 - 625 - LRB101 20589 WGH 70218 b
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.6a)
(Section scheduled to be repealed on December 31, 2020)
Sec. 15.6a. Wireless emergency 9-1-1 service.
(a) The digits "9-1-1" shall be the designated emergency
telephone number within the wireless system.
(b) The Illinois State Police Department may set
non-discriminatory and uniform technical and operational
standards consistent with the rules of the Federal
Communications Commission for directing calls to authorized
public safety answering points. These standards shall not in
any way prescribe the technology or manner a wireless carrier
shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls,
and these standards shall not exceed the requirements set by
the Federal Communications Commission; however, standards for
directing calls to the authorized public safety answering point
shall be included. The authority given to the Illinois State
Police Department in this Section is limited to setting
standards as set forth herein and does not constitute authority
to regulate wireless carriers.
(c) For the purpose of providing wireless 9-1-1 emergency
services, an emergency telephone system board or, in the
absence of an emergency telephone system board, a qualified
governmental entity, may declare its intention for one or more
of its public safety answering points to serve as a primary

SB3642 - 626 - LRB101 20589 WGH 70218 b
wireless 9-1-1 public safety answering point for its
jurisdiction by notifying the Administrator in writing within 6
months after receiving its authority to operate a 9-1-1 system
under this Act. In addition, 2 or more emergency telephone
system boards or qualified governmental entities may, by virtue
of an intergovernmental agreement, provide wireless 9-1-1
service. Until the jurisdiction comes into compliance with
Section 15.4a of this Act, the Illinois Department of State
Police shall be the primary wireless 9-1-1 public safety
answering point for any jurisdiction that did not provide
notice to the Illinois Commerce Commission and the Illinois
State Police Department prior to January 1, 2016.
(d) The Administrator, upon a request from a qualified
governmental entity or an emergency telephone system board and
with the advice and recommendation of the Statewide 9-1-1
Advisory Board, may grant authority to the emergency telephone
system board or a qualified governmental entity to provide
wireless 9-1-1 service in areas for which the Illinois State
Police Department has accepted wireless 9-1-1 responsibility.
The Administrator shall maintain a current list of all 9-1-1
systems and qualified governmental entities providing wireless
9-1-1 service under this Act.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/15.6b)
(Section scheduled to be repealed on December 31, 2020)

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Sec. 15.6b. Next Generation 9-1-1 service.
(a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall develop and
implement a plan for a statewide Next Generation 9-1-1 network.
The Next Generation 9-1-1 network must be an Internet
protocol-based platform that at a minimum provides:
(1) improved 9-1-1 call delivery;
(2) enhanced interoperability;
(3) increased ease of communication between 9-1-1
service providers, allowing immediate transfer of 9-1-1
calls, caller information, photos, and other data
statewide;
(4) a hosted solution with redundancy built in; and
(5) compliance with NENA Standards i3 Solution 08-003.
(b) By July 1, 2016, the Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
design and issue a competitive request for a proposal to secure
the services of a consultant to complete a feasibility study on
the implementation of a statewide Next Generation 9-1-1 network
in Illinois. By July 1, 2017, the consultant shall complete the
feasibility study and make recommendations as to the
appropriate procurement approach for developing a statewide
Next Generation 9-1-1 network.
(c) Within 12 months of the final report from the
consultant under subsection (b) of this Section, the Illinois
State Police Department shall procure and finalize a contract

SB3642 - 628 - LRB101 20589 WGH 70218 b
with a vendor certified under Section 13-900 of the Public
Utilities Act to establish a statewide Next Generation 9-1-1
network. By July 1, 2020, the vendor shall implement a Next
Generation 9-1-1 network that allows 9-1-1 systems providing
9-1-1 service to Illinois residents to access the system
utilizing their current infrastructure if it meets the
standards adopted by the Illinois State Police Department.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/17.5)
(Section scheduled to be repealed on December 31, 2020)
Sec. 17.5. 9-1-1 call transfer, forward, or relay.
(a) The General Assembly finds the following:
(1) Some 9-1-1 systems throughout this State do not
have a procedure in place to manually transfer, forward, or
relay 9-1-1 calls originating within one 9-1-1 system's
jurisdiction, but which should properly be answered and
dispatched by another 9-1-1 system, to the appropriate
9-1-1 system for answering and dispatch of first
responders.
(2) On January 1, 2016, the General Assembly gave
oversight authority of 9-1-1 systems to the Illinois
Department of State Police.
(3) Since that date, the Illinois Department of State
Police has authorized individual 9-1-1 systems in counties
and municipalities to implement and upgrade enhanced 9-1-1

SB3642 - 629 - LRB101 20589 WGH 70218 b
systems throughout the State.
(b) The Illinois State Police Department shall prepare a
directory of all authorized 9-1-1 systems in the State. The
directory shall include an emergency 24/7 10-digit telephone
number for all primary public safety answering points located
in each 9-1-1 system to which 9-1-1 calls from another
jurisdiction can be transferred. This directory shall be made
available to each 9-1-1 authority for its use in establishing
standard operating procedures regarding calls outside its
9-1-1 jurisdiction.
(c) Each 9-1-1 system shall provide the Illinois State
Police Department with the following information:
(1) The name of the PSAP, a list of every participating
agency, and the county the PSAP is in, including college
and university public safety entities.
(2) The 24/7 10-digit emergency telephone number and
email address for the dispatch agency to which 9-1-1 calls
originating in another 9-1-1 jurisdiction can be
transferred or by which the PSAP can be contacted via email
to exchange information. Each 9-1-1 system shall provide
the Illinois State Police Department with any changes to
the participating agencies and this number and email
address immediately upon the change occurring. Each 9-1-1
system shall provide the PSAP information, the 24/7
10-digit emergency telephone number and email address to
the Manager of the Illinois State Police's Department's

SB3642 - 630 - LRB101 20589 WGH 70218 b
9-1-1 Program within 30 days of the effective date of this
amendatory Act of the 100th General Assembly.
(3) The standard operating procedure describing the
manner in which the 9-1-1 system will transfer, forward, or
relay 9-1-1 calls originating within its jurisdiction, but
which should properly be answered and dispatched by another
9-1-1 system, to the appropriate 9-1-1 system. Each 9-1-1
system shall provide the standard operating procedures to
the Manager of the Illinois State Police's Department's
9-1-1 Program within 180 days after the effective date of
this amendatory Act of the 100th General Assembly.
(Source: P.A. 100-20, eff. 7-1-17.)
(50 ILCS 750/19)
(Section scheduled to be repealed on December 31, 2020)
Sec. 19. Statewide 9-1-1 Advisory Board.
(a) Beginning July 1, 2015, there is created the Statewide
9-1-1 Advisory Board within the Illinois Department of State
Police. The Board shall consist of the following 11 voting
members:
(1) The Director of the Illinois State Police, or his
or her designee, who shall serve as chairman.
(2) The Executive Director of the Commission, or his or
her designee.
(3) Nine members appointed by the Governor as follows:
(A) one member representing the Illinois chapter

SB3642 - 631 - LRB101 20589 WGH 70218 b
of the National Emergency Number Association, or his or
her designee;
(B) one member representing the Illinois chapter
of the Association of Public-Safety Communications
Officials, or his or her designee;
(C) one member representing a county 9-1-1 system
from a county with a population of less than 50,000;
(D) one member representing a county 9-1-1 system
from a county with a population between 50,000 and
250,000;
(E) one member representing a county 9-1-1 system
from a county with a population of more than 250,000;
(F) one member representing a municipality with a
population of less than 500,000 in a county with a
population in excess of 2,000,000;
(G) one member representing the Illinois
Association of Chiefs of Police;
(H) one member representing the Illinois Sheriffs'
Association; and
(I) one member representing the Illinois Fire
Chiefs Association.
The Governor shall appoint the following non-voting
members: (i) one member representing an incumbent local
exchange 9-1-1 system provider; (ii) one member representing a
non-incumbent local exchange 9-1-1 system provider; (iii) one
member representing a large wireless carrier; (iv) one member

SB3642 - 632 - LRB101 20589 WGH 70218 b
representing an incumbent local exchange carrier; (v) one
member representing the Illinois Telecommunications
Association; (vi) one member representing the Cable Television
and Communication Association of Illinois; and (vii) one member
representing the Illinois State Ambulance Association. The
Speaker of the House of Representatives, the Minority Leader of
the House of Representatives, the President of the Senate, and
the Minority Leader of the Senate may each appoint a member of
the General Assembly to temporarily serve as a non-voting
member of the Board during the 12 months prior to the repeal
date of this Act to discuss legislative initiatives of the
Board.
(b) The Governor shall make initial appointments to the
Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
voting members appointed by the Governor shall serve an initial
term of 2 years, and the remaining voting members appointed by
the Governor shall serve an initial term of 3 years.
Thereafter, each appointment by the Governor shall be for a
term of 3 years. Non-voting members shall serve for a term of 3
years. Vacancies shall be filled in the same manner as the
original appointment. Persons appointed to fill a vacancy shall
serve for the balance of the unexpired term.
Members of the Statewide 9-1-1 Advisory Board shall serve
without compensation.
(c) The 9-1-1 Services Advisory Board, as constituted on
June 1, 2015 without the legislative members, shall serve in

SB3642 - 633 - LRB101 20589 WGH 70218 b
the role of the Statewide 9-1-1 Advisory Board until all
appointments of voting members have been made by the Governor
under subsection (a) of this Section.
(d) The Statewide 9-1-1 Advisory Board shall:
(1) advise the Illinois Department of State Police and
the Statewide 9-1-1 Administrator on the oversight of 9-1-1
systems and the development and implementation of a uniform
statewide 9-1-1 system;
(2) make recommendations to the Governor and the
General Assembly regarding improvements to 9-1-1 services
throughout the State; and
(3) exercise all other powers and duties provided in
this Act.
(e) The Statewide 9-1-1 Advisory Board shall submit to the
General Assembly a report by March 1 of each year providing an
update on the transition to a statewide 9-1-1 system and
recommending any legislative action.
(f) The Illinois Department of State Police shall provide
administrative support to the Statewide 9-1-1 Advisory Board.
(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
(50 ILCS 750/20)
(Section scheduled to be repealed on December 31, 2020)
Sec. 20. Statewide surcharge.
(a) On and after January 1, 2016, and except with respect
to those customers who are subject to surcharges as provided in

SB3642 - 634 - LRB101 20589 WGH 70218 b
Sections 15.3 and 15.3a of this Act, a monthly surcharge shall
be imposed on all customers of telecommunications carriers and
wireless carriers as follows:
(1) Each telecommunications carrier shall impose a
monthly surcharge per network connection; provided,
however, the monthly surcharge shall not apply to a network
connection provided for use with pay telephone services.
Where multiple voice grade communications channels are
connected between the subscriber's premises and a public
switched network through private branch exchange (PBX),
centrex type service, or other multiple voice grade
communication channels facility, there shall be imposed 5
such surcharges per network connection for both regular
service and advanced service provisioned trunk lines.
Until December 31, 2017, the surcharge shall be $0.87 per
network connection and on and after January 1, 2018, the
surcharge shall be $1.50 per network connection.
(2) Each wireless carrier shall impose and collect a
monthly surcharge per CMRS connection that either has a
telephone number within an area code assigned to Illinois
by the North American Numbering Plan Administrator or has a
billing address in this State. Until December 31, 2017, the
surcharge shall be $0.87 per connection and on and after
January 1, 2018, the surcharge shall be $1.50 per
connection.
(b) State and local taxes shall not apply to the surcharges

SB3642 - 635 - LRB101 20589 WGH 70218 b
imposed under this Section.
(c) The surcharges imposed by this Section shall be stated
as a separately stated item on subscriber bills.
(d) The telecommunications carrier collecting the
surcharge may deduct and retain an amount not to exceed 3% of
the gross amount of surcharge collected to reimburse the
telecommunications carrier for the expense of accounting and
collecting the surcharge. On and after July 1, 2022, the
wireless carrier collecting a surcharge under this Section may
deduct and retain an amount not to exceed 3% of the gross
amount of the surcharge collected to reimburse the wireless
carrier for the expense of accounting and collecting the
surcharge.
(e) Surcharges imposed under this Section shall be
collected by the carriers and shall be remitted to the Illinois
State Police Department, either by check or electronic funds
transfer, by the end of the next calendar month after the
calendar month in which it was collected for deposit into the
Statewide 9-1-1 Fund. Carriers are not required to remit
surcharge moneys that are billed to subscribers but not yet
collected.
The first remittance by wireless carriers shall include the
number of subscribers by zip code, and the 9-digit zip code if
currently being used or later implemented by the carrier, that
shall be the means by which the Illinois State Police
Department shall determine distributions from the Statewide

SB3642 - 636 - LRB101 20589 WGH 70218 b
9-1-1 Fund. This information shall be updated at least once
each year. Any carrier that fails to provide the zip code
information required under this subsection (e) shall be subject
to the penalty set forth in subsection (g) of this Section.
(f) If, within 8 calendar days after it is due under
subsection (e) of this Section, a carrier does not remit the
surcharge or any portion thereof required under this Section,
then the surcharge or portion thereof shall be deemed
delinquent until paid in full, and the Illinois State Police
Department may impose a penalty against the carrier in an
amount equal to the greater of:
(1) $25 for each month or portion of a month from the
time an amount becomes delinquent until the amount is paid
in full; or
(2) an amount equal to the product of 1% and the sum of
all delinquent amounts for each month or portion of a month
that the delinquent amounts remain unpaid.
A penalty imposed in accordance with this subsection (f)
for a portion of a month during which the carrier pays the
delinquent amount in full shall be prorated for each day of
that month that the delinquent amount was paid in full. Any
penalty imposed under this subsection (f) is in addition to the
amount of the delinquency and is in addition to any other
penalty imposed under this Section.
(g) If, within 8 calendar days after it is due, a wireless
carrier does not provide the number of subscribers by zip code

SB3642 - 637 - LRB101 20589 WGH 70218 b
as required under subsection (e) of this Section, then the
report is deemed delinquent and the Illinois State Police
Department may impose a penalty against the carrier in an
amount equal to the greater of:
(1) $25 for each month or portion of a month that the
report is delinquent; or
(2) an amount equal to the product of $0.01 and the
number of subscribers served by the carrier for each month
or portion of a month that the delinquent report is not
provided.
A penalty imposed in accordance with this subsection (g)
for a portion of a month during which the carrier provides the
number of subscribers by zip code as required under subsection
(e) of this Section shall be prorated for each day of that
month during which the carrier had not provided the number of
subscribers by zip code as required under subsection (e) of
this Section. Any penalty imposed under this subsection (g) is
in addition to any other penalty imposed under this Section.
(h) A penalty imposed and collected in accordance with
subsection (f) or (g) of this Section shall be deposited into
the Statewide 9-1-1 Fund for distribution according to Section
30 of this Act.
(i) The Illinois State Police Department may enforce the
collection of any delinquent amount and any penalty due and
unpaid under this Section by legal action or in any other
manner by which the collection of debts due the State of

SB3642 - 638 - LRB101 20589 WGH 70218 b
Illinois may be enforced under the laws of this State. The
Illinois State Police Department may excuse the payment of any
penalty imposed under this Section if the Administrator
determines that the enforcement of this penalty is unjust.
(j) Notwithstanding any provision of law to the contrary,
nothing shall impair the right of wireless carriers to recover
compliance costs for all emergency communications services
that are not reimbursed out of the Wireless Carrier
Reimbursement Fund directly from their wireless subscribers by
line-item charges on the wireless subscriber's bill. Those
compliance costs include all costs incurred by wireless
carriers in complying with local, State, and federal regulatory
or legislative mandates that require the transmission and
receipt of emergency communications to and from the general
public, including, but not limited to, E9-1-1.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/30)
(Section scheduled to be repealed on December 31, 2020)
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
(a) A special fund in the State treasury known as the
Wireless Service Emergency Fund shall be renamed the Statewide
9-1-1 Fund. Any appropriations made from the Wireless Service
Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
The Fund shall consist of the following:
(1) 9-1-1 wireless surcharges assessed under the

SB3642 - 639 - LRB101 20589 WGH 70218 b
Wireless Emergency Telephone Safety Act.
(2) 9-1-1 surcharges assessed under Section 20 of this
Act.
(3) Prepaid wireless 9-1-1 surcharges assessed under
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
(4) Any appropriations, grants, or gifts made to the
Fund.
(5) Any income from interest, premiums, gains, or other
earnings on moneys in the Fund.
(6) Money from any other source that is deposited in or
transferred to the Fund.
(b) Subject to appropriation and availability of funds, the
Illinois State Police Department shall distribute the 9-1-1
surcharges monthly as follows:
(1) From each surcharge collected and remitted under
Section 20 of this Act:
(A) $0.013 shall be distributed monthly in equal
amounts to each County Emergency Telephone System
Board or qualified governmental entity in counties
with a population under 100,000 according to the most
recent census data which is authorized to serve as a
primary wireless 9-1-1 public safety answering point
for the county and to provide wireless 9-1-1 service as
prescribed by subsection (b) of Section 15.6a of this
Act, and which does provide such service.
(B) $0.033 shall be transferred by the Comptroller

SB3642 - 640 - LRB101 20589 WGH 70218 b
at the direction of the Illinois State Police
Department to the Wireless Carrier Reimbursement Fund
until June 30, 2017; from July 1, 2017 through June 30,
2018, $0.026 shall be transferred; from July 1, 2018
through June 30, 2019, $0.020 shall be transferred;
from July 1, 2019, through June 30, 2020, $0.013 shall
be transferred; from July 1, 2020 through June 30,
2021, $0.007 will be transferred; and after June 30,
2021, no transfer shall be made to the Wireless Carrier
Reimbursement Fund.
(C) Until December 31, 2017, $0.007 and on and
after January 1, 2018, $0.017 shall be used to cover
the Illinois State Police's Department's
administrative costs.
(D) Beginning January 1, 2018, until June 30, 2020,
$0.12, and on and after July 1, 2020, $0.04 shall be
used to make monthly proportional grants to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers wireless
carriers.
(E) Until June 30, 2020, $0.05 shall be used by the
Illinois State Police Department for grants for
NG9-1-1 expenses, with priority given to 9-1-1
Authorities that provide 9-1-1 service within the
territory of a Large Electing Provider as defined in

SB3642 - 641 - LRB101 20589 WGH 70218 b
Section 13-406.1 of the Public Utilities Act.
(F) On and after July 1, 2020, $0.13 shall be used
for the implementation of and continuing expenses for
the Statewide NG9-1-1 system.
(2) After disbursements under paragraph (1) of this
subsection (b), all remaining funds in the Statewide 9-1-1
Fund shall be disbursed in the following priority order:
(A) The Fund shall pay monthly to:
(i) the 9-1-1 Authorities that imposed
surcharges under Section 15.3 of this Act and were
required to report to the Illinois Commerce
Commission under Section 27 of the Wireless
Emergency Telephone Safety Act on October 1, 2014,
except a 9-1-1 Authority in a municipality with a
population in excess of 500,000, an amount equal to
the average monthly wireline and VoIP surcharge
revenue attributable to the most recent 12-month
period reported to the Illinois State Police
Department under that Section for the October 1,
2014 filing, subject to the power of the Illinois
State Police Department to investigate the amount
reported and adjust the number by order under
Article X of the Public Utilities Act, so that the
monthly amount paid under this item accurately
reflects one-twelfth of the aggregate wireline and
VoIP surcharge revenue properly attributable to

SB3642 - 642 - LRB101 20589 WGH 70218 b
the most recent 12-month period reported to the
Commission; or
(ii) county qualified governmental entities
that did not impose a surcharge under Section 15.3
as of December 31, 2015, and counties that did not
impose a surcharge as of June 30, 2015, an amount
equivalent to their population multiplied by .37
multiplied by the rate of $0.69; counties that are
not county qualified governmental entities and
that did not impose a surcharge as of December 31,
2015, shall not begin to receive the payment
provided for in this subsection until E9-1-1 and
wireless E9-1-1 services are provided within their
counties; or
(iii) counties without 9-1-1 service that had
a surcharge in place by December 31, 2015, an
amount equivalent to their population multiplied
by .37 multiplied by their surcharge rate as
established by the referendum.
(B) All 9-1-1 network costs for systems outside of
municipalities with a population of at least 500,000
shall be paid by the Illinois State Police Department
directly to the vendors.
(C) All expenses incurred by the Administrator and
the Statewide 9-1-1 Advisory Board and costs
associated with procurement under Section 15.6b

SB3642 - 643 - LRB101 20589 WGH 70218 b
including requests for information and requests for
proposals.
(D) Funds may be held in reserve by the Statewide
9-1-1 Advisory Board and disbursed by the Illinois
State Police Department for grants under Section 15.4b
of this Act and for NG9-1-1 expenses up to $12.5
million per year in State fiscal years 2016 and 2017;
up to $20 million in State fiscal year 2018; up to
$20.9 million in State fiscal year 2019; up to $15.3
million in State fiscal year 2020; up to $16.2 million
in State fiscal year 2021; up to $23.1 million in State
fiscal year 2022; and up to $17.0 million per year for
State fiscal year 2023 and each year thereafter. The
amount held in reserve in State fiscal years 2018 and
2019 shall not be less than $6.5 million. Disbursements
under this subparagraph (D) shall be prioritized as
follows: (i) consolidation grants prioritized under
subsection (a) of Section 15.4b of this Act; (ii)
NG9-1-1 expenses; and (iii) consolidation grants under
Section 15.4b of this Act for consolidation expenses
incurred between January 1, 2010, and January 1, 2016.
(E) All remaining funds per remit month shall be
used to make monthly proportional grants to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers of wireless

SB3642 - 644 - LRB101 20589 WGH 70218 b
carriers.
(c) The moneys deposited into the Statewide 9-1-1 Fund
under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this Act.
(d) Whenever two or more 9-1-1 Authorities consolidate, the
resulting Joint Emergency Telephone System Board shall be
entitled to the monthly payments that had theretofore been made
to each consolidating 9-1-1 Authority. Any reserves held by any
consolidating 9-1-1 Authority shall be transferred to the
resulting Joint Emergency Telephone System Board. Whenever a
county that has no 9-1-1 service as of January 1, 2016 enters
into an agreement to consolidate to create or join a Joint
Emergency Telephone System Board, the Joint Emergency
Telephone System Board shall be entitled to the monthly
payments that would have otherwise been paid to the county if
it had provided 9-1-1 service.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/40)
(Section scheduled to be repealed on December 31, 2020)
Sec. 40. Financial reports.
(a) The Illinois State Police Department shall create
uniform accounting procedures, with such modification as may be
required to give effect to statutory provisions applicable only
to municipalities with a population in excess of 500,000, that
any emergency telephone system board, qualified governmental

SB3642 - 645 - LRB101 20589 WGH 70218 b
entity, or unit of local government receiving surcharge money
pursuant to Section 15.3, 15.3a, or 30 of this Act must follow.
(b) By January 31, 2018, and every January 31 thereafter,
each emergency telephone system board, qualified governmental
entity, or unit of local government receiving surcharge money
pursuant to Section 15.3, 15.3a, or 30 shall report to the
Illinois State Police Department audited financial statements
showing total revenue and expenditures for the period beginning
with the end of the period covered by the last submitted report
through the end of the previous calendar year in a form and
manner as prescribed by the Illinois State Police Department.
Such financial information shall include:
(1) a detailed summary of revenue from all sources
including, but not limited to, local, State, federal, and
private revenues, and any other funds received;
(2) all expenditures made during the reporting period
from distributions under this Act;
(3) call data and statistics, when available, from the
reporting period, as specified by the Illinois State Police
Department and collected in accordance with any reporting
method established or required by the Illinois State Police
Department;
(4) all costs associated with dispatching appropriate
public safety agencies to respond to 9-1-1 calls received
by the PSAP; and
(5) all funding sources and amounts of funding used for

SB3642 - 646 - LRB101 20589 WGH 70218 b
costs described in paragraph (4) of this subsection (b).
The emergency telephone system board, qualified
governmental entity, or unit of local government is responsible
for any costs associated with auditing such financial
statements. The Illinois State Police Department shall post the
audited financial statements on the Illinois State Police's
Department's website.
(c) Along with its audited financial statement, each
emergency telephone system board, qualified governmental
entity, or unit of local government receiving a grant under
Section 15.4b of this Act shall include a report of the amount
of grant moneys received and how the grant moneys were used. In
case of a conflict between this requirement and the Grant
Accountability and Transparency Act, or with the rules of the
Governor's Office of Management and Budget adopted thereunder,
that Act and those rules shall control.
(d) If an emergency telephone system board or qualified
governmental entity that receives funds from the Statewide
9-1-1 Fund fails to file the 9-1-1 system financial reports as
required under this Section, the Illinois State Police
Department shall suspend and withhold monthly disbursements
otherwise due to the emergency telephone system board or
qualified governmental entity under Section 30 of this Act
until the report is filed.
Any monthly disbursements that have been withheld for 12
months or more shall be forfeited by the emergency telephone

SB3642 - 647 - LRB101 20589 WGH 70218 b
system board or qualified governmental entity and shall be
distributed proportionally by the Illinois State Police
Department to compliant emergency telephone system boards and
qualified governmental entities that receive funds from the
Statewide 9-1-1 Fund.
Any emergency telephone system board or qualified
governmental entity not in compliance with this Section shall
be ineligible to receive any consolidation grant or
infrastructure grant issued under this Act.
(e) The Illinois State Police Department may adopt
emergency rules necessary to implement the provisions of this
Section.
(f) Any findings or decisions of the Illinois State Police
Department under this Section shall be deemed a final
administrative decision and shall be subject to judicial review
under the Administrative Review Law.
(g) Beginning October 1, 2017, the Illinois State Police
Department shall provide a quarterly report to the Board of its
expenditures from the Statewide 9-1-1 Fund for the prior fiscal
quarter.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/50)
(Section scheduled to be repealed on December 31, 2020)
Sec. 50. Fund audits. The Auditor General shall conduct as
a part of its bi-annual audit, an audit of the Statewide 9-1-1

SB3642 - 648 - LRB101 20589 WGH 70218 b
Fund and the Wireless Carrier Reimbursement Fund for compliance
with the requirements of this Act. The audit shall include, but
not be limited to, the following determinations:
(1) Whether detailed records of all receipts and
disbursements from the Statewide 9-1-1 Fund and the
Wireless Carrier Reimbursement Fund are being maintained.
(2) Whether administrative costs charged to the funds
are adequately documented and are reasonable.
(3) Whether the procedures for making disbursements
and grants and providing reimbursements in accordance with
the Act are adequate.
(4) The status of the implementation of statewide 9-1-1
service and Next Generation 9-1-1 service in Illinois.
The Illinois Commerce Commission, the Illinois Department
of State Police, and any other entity or person that may have
information relevant to the audit shall cooperate fully and
promptly with the Office of the Auditor General in conducting
the audit. The Auditor General shall commence the audit as soon
as possible and distribute the report upon completion in
accordance with Section 3-14 of the Illinois State Auditing
Act.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/55)
(Section scheduled to be repealed on December 31, 2020)
Sec. 55. Public disclosure. Because of the highly

SB3642 - 649 - LRB101 20589 WGH 70218 b
competitive nature of the telephone industry, public
disclosure of information about surcharge moneys paid by
carriers could have the effect of stifling competition to the
detriment of the public and the delivery of 9-1-1 services.
Therefore, the Illinois Commerce Commission, the Illinois
Department of State Police, governmental agencies, and
individuals with access to that information shall take
appropriate steps to prevent public disclosure of this
information. Information and data supporting the amount and
distribution of surcharge moneys collected and remitted by an
individual carrier shall be deemed exempt information for
purposes of the Freedom of Information Act and shall not be
publicly disclosed. The gross amount paid by all carriers shall
not be deemed exempt and may be publicly disclosed.
(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
(50 ILCS 750/75)
(Section scheduled to be repealed on December 31, 2020)
Sec. 75. Transfer of rights, functions, powers, duties, and
property to Illinois Department of State Police; rules and
standards; savings provisions.
(a) On January 1, 2016, the rights, functions, powers, and
duties of the Illinois Commerce Commission as set forth in this
Act and the Wireless Emergency Telephone Safety Act existing
prior to January 1, 2016, are transferred to and shall be
exercised by the Illinois Department of State Police. On or

SB3642 - 650 - LRB101 20589 WGH 70218 b
before January 1, 2016, the Commission shall transfer and
deliver to the Illinois State Police Department all books,
records, documents, property (real and personal), unexpended
appropriations, and pending business pertaining to the rights,
powers, duties, and functions transferred to the Illinois State
Police Department under Public Act 99-6.
(b) The rules and standards of the Commission that are in
effect on January 1, 2016 and that pertain to the rights,
powers, duties, and functions transferred to the Illinois State
Police Department under Public Act 99-6 shall become the rules
and standards of the Illinois State Police Department on
January 1, 2016, and shall continue in effect until amended or
repealed by the Illinois State Police Department.
Any rules pertaining to the rights, powers, duties, and
functions transferred to the Illinois State Police Department
under Public Act 99-6 that have been proposed by the Commission
but have not taken effect or been finally adopted by January 1,
2016, shall become proposed rules of the Illinois State Police
Department on January 1, 2016, and any rulemaking procedures
that have already been completed by the Commission for those
proposed rules need not be repealed.
As soon as it is practical after January 1, 2016, the
Illinois State Police Department shall revise and clarify the
rules transferred to it under Public Act 99-6 to reflect the
transfer of rights, powers, duties, and functions effected by
Public Act 99-6 using the procedures for recodification of

SB3642 - 651 - LRB101 20589 WGH 70218 b
rules available under the Illinois Administrative Procedure
Act, except that existing title, part, and section numbering
for the affected rules may be retained. The Illinois State
Police Department may propose and adopt under the Illinois
Administrative Procedure Act any other rules necessary to
consolidate and clarify those rules.
(c) The rights, powers, duties, and functions transferred
to the Illinois State Police Department by Public Act 99-6
shall be vested in and exercised by the Illinois State Police
Department subject to the provisions of this Act and the
Wireless Emergency Telephone Safety Act. An act done by the
Illinois State Police Department or an officer, employee, or
agent of the Illinois State Police Department in the exercise
of the transferred rights, powers, duties, and functions shall
have the same legal effect as if done by the Commission or an
officer, employee, or agent of the Commission.
The transfer of rights, powers, duties, and functions to
the Illinois State Police Department under Public Act 99-6 does
not invalidate any previous action taken by or in respect to
the Commission, its officers, employees, or agents. References
to the Commission or its officers, employees, or agents in any
document, contract, agreement, or law shall, in appropriate
contexts, be deemed to refer to the Illinois State Police
Department or its officers, employees, or agents.
The transfer of rights, powers, duties, and functions to
the Illinois State Police Department under Public Act 99-6 does

SB3642 - 652 - LRB101 20589 WGH 70218 b
not affect any person's rights, obligations, or duties,
including any civil or criminal penalties applicable thereto,
arising out of those transferred rights, powers, duties, and
functions.
Public Act 99-6 does not affect any act done, ratified, or
cancelled, any right occurring or established, or any action or
proceeding commenced in an administrative, civil, or criminal
case before January 1, 2016. Any such action or proceeding that
pertains to a right, power, duty, or function transferred to
the Illinois State Police Department under Public Act 99-6 that
is pending on that date may be prosecuted, defended, or
continued by the Commission.
For the purposes of Section 9b of the State Finance Act,
the Illinois State Police Department is the successor to the
Commission with respect to the rights, duties, powers, and
functions transferred by Public Act 99-6.
(d) The Illinois State Police Department is authorized to
enter into an intergovernmental agreement with the Commission
for the purpose of having the Commission assist the Illinois
State Police Department and the Statewide 9-1-1 Administrator
in carrying out their duties and functions under this Act. The
agreement may provide for funding for the Commission for its
assistance to the Illinois State Police Department and the
Statewide 9-1-1 Administrator.
(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16; 100-20,
eff. 7-1-17.)

SB3642 - 653 - LRB101 20589 WGH 70218 b
(50 ILCS 750/80)
(Section scheduled to be repealed on December 31, 2020)
Sec. 80. Continuation of Act; validation.
(a) The General Assembly finds and declares that this
amendatory Act of the 100th General Assembly manifests the
intention of the General Assembly to extend the repeal of this
Act and have this Act continue in effect until December 31,
2020.
(b) This Section shall be deemed to have been in continuous
effect since July 1, 2017 and it shall continue to be in effect
henceforward until it is otherwise lawfully repealed. All
previously enacted amendments to this Act taking effect on or
after July 1, 2017, are hereby validated. All actions taken in
reliance on or under this Act by the Illinois Department of
State Police or any other person or entity are hereby
validated.
(c) In order to ensure the continuing effectiveness of this
Act, it is set forth in full and reenacted by this amendatory
Act of the 100th General Assembly. Striking and underscoring
are used only to show changes being made to the base text. This
reenactment is intended as a continuation of this Act. It is
not intended to supersede any amendment to this Act that is
enacted by the 100th General Assembly.
(Source: P.A. 100-20, eff. 7-1-17.)

SB3642 - 654 - LRB101 20589 WGH 70218 b
Section 425. The Prepaid Wireless 9-1-1 Surcharge Act is
amended by changing Section 20 as follows:
(50 ILCS 753/20)
Sec. 20. Administration of prepaid wireless 9-1-1
surcharge.
(a) In the administration and enforcement of this Act, the
provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
Retailers' Occupation Tax Act that are not inconsistent with
this Act, and Section 3-7 of the Uniform Penalty and Interest
Act shall apply, as far as practicable, to the subject matter
of this Act to the same extent as if those provisions were
included in this Act. References to "taxes" in these
incorporated Sections shall be construed to apply to the
administration, payment, and remittance of all surcharges
under this Act. The Department shall establish registration and
payment procedures that substantially coincide with the
registration and payment procedures that apply to the
Retailers' Occupation Tax Act.
(b) A seller shall be permitted to deduct and retain 3% of
prepaid wireless 9-1-1 surcharges that are collected by the
seller from consumers and that are remitted and timely filed
with the Department. Beginning January 1, 2018, the seller is
allowed to deduct and retain a portion of the prepaid wireless
9-1-1 surcharges as authorized by this subsection only if the

SB3642 - 655 - LRB101 20589 WGH 70218 b
return is filed electronically as provided in Section 3 of the
Retailers' Occupation Tax Act. Sellers who demonstrate that
they do not have access to the Internet or demonstrate hardship
in filing electronically may petition the Department to waive
the electronic filing requirement.
(c) Other than the amounts for deposit into the Municipal
Wireless Service Emergency Fund, the Department shall pay to
the State Treasurer all prepaid wireless E911 charges,
penalties, and interest collected under this Act for deposit
into the Statewide 9-1-1 Fund. On or before the 25th day of
each calendar month, the Department shall prepare and certify
to the Comptroller the amount available to the Illinois
Department of State Police for distribution out of the
Statewide 9-1-1 Fund. The amount certified shall be the amount
(not including credit memoranda) collected during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts which
were erroneously paid to a different taxing body. The amount
paid to the Statewide 9-1-1 Fund shall not include any amount
equal to the amount of refunds made during the second preceding
calendar month by the Department of Revenue to retailers under
this Act or any amount that the Department determines is
necessary to offset any amounts which were payable to a
different taxing body but were erroneously paid to the
Statewide 9-1-1 Fund. The Illinois Department of State Police
shall distribute the funds in accordance with Section 30 of the

SB3642 - 656 - LRB101 20589 WGH 70218 b
Emergency Telephone Safety Act. The Department may deduct an
amount, not to exceed 2% of remitted charges, to be transferred
into the Tax Compliance and Administration Fund to reimburse
the Department for its direct costs of administering the
collection and remittance of prepaid wireless 9-1-1
surcharges.
(d) The Department shall administer the collection of all
9-1-1 surcharges and may adopt and enforce reasonable rules
relating to the administration and enforcement of the
provisions of this Act as may be deemed expedient. The
Department shall require all surcharges collected under this
Act to be reported on existing forms or combined forms,
including, but not limited to, Form ST-1. Any overpayments
received by the Department for liabilities reported on existing
or combined returns shall be applied as an overpayment of
retailers' occupation tax, use tax, service occupation tax, or
service use tax liability.
(e) If a home rule municipality having a population in
excess of 500,000 as of the effective date of this amendatory
Act of the 97th General Assembly imposes an E911 surcharge
under subsection (a-5) of Section 15 of this Act, then the
Department shall pay to the State Treasurer all prepaid
wireless E911 charges, penalties, and interest collected for
deposit into the Municipal Wireless Service Emergency Fund. All
deposits into the Municipal Wireless Service Emergency Fund
shall be held by the State Treasurer as ex officio custodian

SB3642 - 657 - LRB101 20589 WGH 70218 b
apart from all public moneys or funds of this State. Any
interest attributable to moneys in the Fund must be deposited
into the Fund. Moneys in the Municipal Wireless Service
Emergency Fund are not subject to appropriation. On or before
the 25th day of each calendar month, the Department shall
prepare and certify to the Comptroller the amount available for
disbursement to the home rule municipality out of the Municipal
Wireless Service Emergency Fund. The amount to be paid to the
Municipal Wireless Service Emergency Fund shall be the amount
(not including credit memoranda) collected during the second
preceding calendar month by the Department plus an amount the
Department determines is necessary to offset any amounts which
were erroneously paid to a different taxing body. The amount
paid to the Municipal Wireless Service Emergency Fund shall not
include any amount equal to the amount of refunds made during
the second preceding calendar month by the Department to
retailers under this Act or any amount that the Department
determines is necessary to offset any amounts which were
payable to a different taxing body but were erroneously paid to
the Municipal Wireless Service Emergency Fund. Within 10 days
after receipt by the Comptroller of the certification provided
for in this subsection, the Comptroller shall cause the orders
to be drawn for the respective amounts in accordance with the
directions in the certification. The Department may deduct an
amount, not to exceed 2% of remitted charges, to be transferred
into the Tax Compliance and Administration Fund to reimburse

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the Department for its direct costs of administering the
collection and remittance of prepaid wireless 9-1-1
surcharges.
(Source: P.A. 99-6, eff. 1-1-16; 100-303, eff. 8-24-17.)
Section 430. The Counties Code is amended by changing
Section 3-3013 as follows:
(55 ILCS 5/3-3013) (from Ch. 34, par. 3-3013)
Sec. 3-3013. Preliminary investigations; blood and urine
analysis; summoning jury; reports. Every coroner, whenever, as
soon as he knows or is informed that the dead body of any
person is found, or lying within his county, whose death is
suspected of being:
(a) A sudden or violent death, whether apparently
suicidal, homicidal or accidental, including but not
limited to deaths apparently caused or contributed to by
thermal, traumatic, chemical, electrical or radiational
injury, or a complication of any of them, or by drowning or
suffocation, or as a result of domestic violence as defined
in the Illinois Domestic Violence Act of 1986;
(b) A death due to a sex crime;
(c) A death where the circumstances are suspicious,
obscure, mysterious or otherwise unexplained or where, in
the written opinion of the attending physician, the cause
of death is not determined;

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(d) A death where addiction to alcohol or to any drug
may have been a contributory cause; or
(e) A death where the decedent was not attended by a
licensed physician;
shall go to the place where the dead body is, and take charge
of the same and shall make a preliminary investigation into the
circumstances of the death. In the case of death without
attendance by a licensed physician the body may be moved with
the coroner's consent from the place of death to a mortuary in
the same county. Coroners in their discretion shall notify such
physician as is designated in accordance with Section 3-3014 to
attempt to ascertain the cause of death, either by autopsy or
otherwise.
In cases of accidental death involving a motor vehicle in
which the decedent was (1) the operator or a suspected operator
of a motor vehicle, or (2) a pedestrian 16 years of age or
older, the coroner shall require that a blood specimen of at
least 30 cc., and if medically possible a urine specimen of at
least 30 cc. or as much as possible up to 30 cc., be withdrawn
from the body of the decedent in a timely fashion after the
accident causing his death, by such physician as has been
designated in accordance with Section 3-3014, or by the coroner
or deputy coroner or a qualified person designated by such
physician, coroner, or deputy coroner. If the county does not
maintain laboratory facilities for making such analysis, the
blood and urine so drawn shall be sent to the Illinois

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Department of State Police or any other accredited or
State-certified laboratory for analysis of the alcohol, carbon
monoxide, and dangerous or narcotic drug content of such blood
and urine specimens. Each specimen submitted shall be
accompanied by pertinent information concerning the decedent
upon a form prescribed by such laboratory. Any person drawing
blood and urine and any person making any examination of the
blood and urine under the terms of this Division shall be
immune from all liability, civil or criminal, that might
otherwise be incurred or imposed.
In all other cases coming within the jurisdiction of the
coroner and referred to in subparagraphs (a) through (e) above,
blood, and whenever possible, urine samples shall be analyzed
for the presence of alcohol and other drugs. When the coroner
suspects that drugs may have been involved in the death, either
directly or indirectly, a toxicological examination shall be
performed which may include analyses of blood, urine, bile,
gastric contents and other tissues. When the coroner suspects a
death is due to toxic substances, other than drugs, the coroner
shall consult with the toxicologist prior to collection of
samples. Information submitted to the toxicologist shall
include information as to height, weight, age, sex and race of
the decedent as well as medical history, medications used by
and the manner of death of decedent.
When the coroner or medical examiner finds that the cause
of death is due to homicidal means, the coroner or medical

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examiner shall cause blood and buccal specimens (tissue may be
submitted if no uncontaminated blood or buccal specimen can be
obtained), whenever possible, to be withdrawn from the body of
the decedent in a timely fashion. For proper preservation of
the specimens, collected blood and buccal specimens shall be
dried and tissue specimens shall be frozen if available
equipment exists. As soon as possible, but no later than 30
days after the collection of the specimens, the coroner or
medical examiner shall release those specimens to the police
agency responsible for investigating the death. As soon as
possible, but no later than 30 days after the receipt from the
coroner or medical examiner, the police agency shall submit the
specimens using the agency case number to a National DNA Index
System (NDIS) participating laboratory within this State, such
as the Illinois Department of State Police, Division of
Forensic Services, for analysis and categorizing into genetic
marker groupings. The results of the analysis and categorizing
into genetic marker groupings shall be provided to the Illinois
Department of State Police and shall be maintained by the
Illinois Department of State Police in the State central
repository in the same manner, and subject to the same
conditions, as provided in Section 5-4-3 of the Unified Code of
Corrections. The requirements of this paragraph are in addition
to any other findings, specimens, or information that the
coroner or medical examiner is required to provide during the
conduct of a criminal investigation.

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In all counties, in cases of apparent suicide, homicide, or
accidental death or in other cases, within the discretion of
the coroner, the coroner may summon 8 persons of lawful age
from those persons drawn for petit jurors in the county. The
summons shall command these persons to present themselves
personally at such a place and time as the coroner shall
determine, and may be in any form which the coroner shall
determine and may incorporate any reasonable form of request
for acknowledgment acknowledgement which the coroner deems
practical and provides a reliable proof of service. The summons
may be served by first class mail. From the 8 persons so
summoned, the coroner shall select 6 to serve as the jury for
the inquest. Inquests may be continued from time to time, as
the coroner may deem necessary. The 6 jurors selected in a
given case may view the body of the deceased. If at any
continuation of an inquest one or more of the original jurors
shall be unable to continue to serve, the coroner shall fill
the vacancy or vacancies. A juror serving pursuant to this
paragraph shall receive compensation from the county at the
same rate as the rate of compensation that is paid to petit or
grand jurors in the county. The coroner shall furnish to each
juror without fee at the time of his discharge a certificate of
the number of days in attendance at an inquest, and, upon being
presented with such certificate, the county treasurer shall pay
to the juror the sum provided for his services.
In counties which have a jury commission, in cases of

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apparent suicide or homicide or of accidental death, the
coroner may conduct an inquest. The jury commission shall
provide at least 8 jurors to the coroner, from whom the coroner
shall select any 6 to serve as the jury for the inquest.
Inquests may be continued from time to time as the coroner may
deem necessary. The 6 jurors originally chosen in a given case
may view the body of the deceased. If at any continuation of an
inquest one or more of the 6 jurors originally chosen shall be
unable to continue to serve, the coroner shall fill the vacancy
or vacancies. At the coroner's discretion, additional jurors to
fill such vacancies shall be supplied by the jury commission. A
juror serving pursuant to this paragraph in such county shall
receive compensation from the county at the same rate as the
rate of compensation that is paid to petit or grand jurors in
the county.
In every case in which a fire is determined to be a
contributing factor in a death, the coroner shall report the
death to the Office of the State Fire Marshal. The coroner
shall provide a copy of the death certificate (i) within 30
days after filing the permanent death certificate and (ii) in a
manner that is agreed upon by the coroner and the State Fire
Marshal.
In every case in which a drug overdose is determined to be
the cause or a contributing factor in the death, the coroner or
medical examiner shall report the death to the Department of
Public Health. The Department of Public Health shall adopt

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rules regarding specific information that must be reported in
the event of such a death. If possible, the coroner shall
report the cause of the overdose. As used in this Section,
"overdose" has the same meaning as it does in Section 414 of
the Illinois Controlled Substances Act. The Department of
Public Health shall issue a semiannual report to the General
Assembly summarizing the reports received. The Department
shall also provide on its website a monthly report of overdose
death figures organized by location, age, and any other
factors, the Department deems appropriate.
In addition, in every case in which domestic violence is
determined to be a contributing factor in a death, the coroner
shall report the death to the Illinois Department of State
Police.
All deaths in State institutions and all deaths of wards of
the State or youth in care as defined in Section 4d of the
Children and Family Services Act in private care facilities or
in programs funded by the Department of Human Services under
its powers relating to mental health and developmental
disabilities or alcoholism and substance abuse or funded by the
Department of Children and Family Services shall be reported to
the coroner of the county in which the facility is located. If
the coroner has reason to believe that an investigation is
needed to determine whether the death was caused by
maltreatment or negligent care of the ward of the State or
youth in care as defined in Section 4d of the Children and

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Family Services Act, the coroner may conduct a preliminary
investigation of the circumstances of such death as in cases of
death under circumstances set forth in paragraphs (a) through
(e) of this Section.
(Source: P.A. 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
Section 435. The Illinois Municipal Code is amended by
changing Sections 10-1-7.1, 10-2.1-6, 10-2.1-6.1, 10-2.1-6.2,
10-2.1-6.3, and 11-32-1 as follows:
(65 ILCS 5/10-1-7.1)
Sec. 10-1-7.1. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 10-1-7.2, this Section shall apply to all
original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251) this amendatory Act of the 97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to

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initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before August 4, 2011 (the effective date of
Public Act 97-251) this amendatory Act of the 97th General
Assembly is exempt from the requirements of this Section for
the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to

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an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new position
or vacancy due to resignation, discharge, promotion, death, the
granting of a disability or retirement pension, or any other
cause, the appointing authority shall appoint to that position
the person with the highest ranking on the final eligibility
list. If the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position or if the appointing authority believes an
alternate candidate would better serve the needs of the
department, then the appointing authority has the right to pass
over the highest ranked person and appoint either: (i) any
person who has a ranking in the top 5% of the register of
eligibles or (ii) any person who is among the top 5 highest
ranked persons on the list of eligibles if the number of people
who have a ranking in the top 5% of the register of eligibles
is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall not
prejudice a person's opportunities to participate in future
examinations, including an examination held during the time a
candidate is already on the municipality's register of

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eligibles.
The sole authority to issue certificates of appointment
shall be vested in the Civil Service Commission. All
certificates of appointment issued to any officer or member of
an affected department shall be signed by the chairperson and
secretary, respectively, of the commission upon appointment of
such officer or member to the affected department by the
commission. After being selected from the register of eligibles
to fill a vacancy in the affected department, each appointee
shall be presented with his or her certificate of appointment
on the day on which he or she is sworn in as a classified member
of the affected department. Firefighters who were not issued a
certificate of appointment when originally appointed shall be
provided with a certificate within 10 days after making a
written request to the chairperson of the Civil Service
Commission. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of the
97th General Assembly appointed to a fire department or fire
protection district or employed by a State university and sworn
or commissioned to perform firefighter duties or paramedic
duties, or both, except that the following persons are not

SB3642 - 669 - LRB101 20589 WGH 70218 b
included: part-time firefighters; auxiliary, reserve, or
voluntary firefighters, including paid-on-call firefighters;
clerks and dispatchers or other civilian employees of a fire
department or fire protection district who are not routinely
expected to perform firefighter duties; and elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required of
members of the fire department in order to provide the highest
quality of service to the public. To this end, all applicants
for original appointment to an affected fire department shall
be subject to examination and testing which shall be public,
competitive, and open to all applicants unless the municipality
shall by ordinance limit applicants to residents of the
municipality, county or counties in which the municipality is
located, State, or nation. Any examination and testing
procedure utilized under subsection (e) of this Section shall
be supported by appropriate validation evidence and shall
comply with all applicable State and federal laws.
Municipalities may establish educational, emergency medical
service licensure, and other prerequisites prerequites for
participation in an examination or for hire as a firefighter.
Any municipality may charge a fee to cover the costs of the
application process.
Residency requirements in effect at the time an individual

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enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to the
Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the
municipality, except as provided in this Section. The age
limitation does not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located in
Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section 21
of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district,
(2) any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the municipality begins to use full-time firefighters
to provide all or part of its fire protection service, or

SB3642 - 671 - LRB101 20589 WGH 70218 b
(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter
appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this Section,
the probationary employment period limitation may be extended
for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
In the event that any applicant who has been found eligible
for appointment and whose name has been placed upon the final

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eligibility register provided for in this Division 1 has not
been appointed to a firefighter position within one year after
the date of his or her physical ability examination, the
commission may cause a second examination to be made of that
applicant's physical ability prior to his or her appointment.
If, after the second examination, the physical ability of the
applicant shall be found to be less than the minimum standard
fixed by the rules of the commission, the applicant shall not
be appointed. The applicant's name may be retained upon the
register of candidates eligible for appointment and when next
reached for certification and appointment that applicant may be
again examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality, or (ii) on the
municipality's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.

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The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on the
final register of eligibles. The examination may also include a
subjective component based on merit criteria as determined by
the commission. Scores from the examination must be made
available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written examinations
shall be administered in a manner that ensures the security and
accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform the
essential functions included in the duties they may be called
upon to perform as a member of a fire department. For the
purposes of this Section, essential functions of the job are
functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The

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frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties including
grip strength, leg strength, and arm strength. Tests shall
be conducted under anaerobic as well as aerobic conditions
to test both the candidate's speed and endurance in
performing tasks and evolutions. Tasks tested may be based
on standards developed, or approved, by the local
appointing authority.
(2) The ability to climb ladders, operate from heights,
walk or crawl in the dark along narrow and uneven surfaces,
and operate in proximity to hazardous environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests

SB3642 - 675 - LRB101 20589 WGH 70218 b
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors
and monitors, open to the public, and subject to reasonable
regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the commission so as to demonstrate a candidate's ability to
perform the essential functions of the job. The minimum score
set by the commission shall be supported by appropriate
validation evidence and shall comply with all applicable State
and federal laws. The appointing authority may conduct the
physical ability component and any subjective components
subsequent to the posting of the preliminary eligibility
register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)

SB3642 - 676 - LRB101 20589 WGH 70218 b
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score set by the
commission. The local appointing authority may prescribe the
score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum score for
passage and who have passed the physical ability examination.
These persons shall take rank upon the register as candidates
in the order of their relative excellence based on the highest
to the lowest total points scored on the mental aptitude,
subjective component, and preference components of the test
administered in accordance with this Section. No more than 60
days after each examination, an initial eligibility list shall
be posted by the commission. The list shall include the final
grades of the candidates without reference to priority of the
time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of

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examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference to
priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service or emergency medical services, or a bachelor's
degree from an accredited college or university may be
preferred for appointment to and employment with the fire

SB3642 - 678 - LRB101 20589 WGH 70218 b
department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic may be preferred for appointment to
and employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, certified Firefighter III, State
of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
paramedic, or any combination of those capacities may be
awarded up to a maximum of 5 points. However, the applicant
may not be awarded more than 0.5 points for each complete
year of paid-on-call or part-time service. Applicants from
outside the municipality who were employed as full-time
firefighters or firefighter-paramedics by a fire
protection district or another municipality may be awarded
up to 5 experience preference points. However, the
applicant may not be awarded more than one point for each
complete year of full-time service.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full

SB3642 - 679 - LRB101 20589 WGH 70218 b
amount of preference points under this subsection if the
amount of points awarded would place the candidate before a
veteran on the eligibility list. If more than one candidate
receiving experience preference points is prevented from
receiving all of their points due to not being allowed to
pass a veteran, the candidates shall be placed on the list
below the veteran in rank order based on the totals
received if all points under this subsection were to be
awarded. Any remaining ties on the list shall be determined
by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meet the
qualifications for original appointment as a firefighter
specified in this Section may be awarded up to 20
preference points. To qualify for preference points, an
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected

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fire department over a 12-month period. The fire
suppression work must be in accordance with Section 10-1-14
of this Division and the terms established by a Joint
Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except (1) and (7.5). The number of
preference points for each category shall range from 0 to
5, except item (7.5). In determining the number of

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preference points, the commission shall prescribe that if a
candidate earns the maximum number of preference points in
all categories except item (7.5), that number may not be
less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in

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writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to the
commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 2 years.

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(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrest for any cause without
conviction thereon. Any such person who is in the department
may be removed on charges brought for violating this subsection
and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law of the Civil Administrative Code of

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Illinois, the Illinois Department of State Police is authorized
to furnish, pursuant to positive identification, the
information contained in State files as is necessary to fulfill
the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or otherwise
knowingly violates or subverts any requirement of this Section,
commits a violation of this Section and may be subject to
charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
revised 11-26-19.)
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)

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Sec. 10-2.1-6. Examination of applicants;
disqualifications.
(a) All applicants for a position in either the fire or
police department of the municipality shall be under 35 years
of age, shall be subject to an examination that shall be
public, competitive, and open to all applicants (unless the
council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state or nation) and
shall be subject to reasonable limitations as to residence,
health, habits, and moral character. The municipality may not
charge or collect any fee from an applicant who has met all
prequalification standards established by the municipality for
any such position. With respect to a police department, a
veteran shall be allowed to exceed the maximum age provision of
this Section by the number of years served on active military
duty, but by no more than 10 years of active military duty.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his period of service for that municipality,
or be made a condition of promotion, except for the rank or
position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,

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14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
of Section 24-1 of the Criminal Code of 1961 or the Criminal
Code of 2012, or arrested for any cause but not convicted on
that cause shall be disqualified from taking the examination to
qualify for a position in the fire department on grounds of
habits or moral character.
(d) The age limitation in subsection (a) does not apply (i)
to any person previously employed as a policeman or fireman in
a regularly constituted police or fire department of (I) any
municipality, regardless of whether the municipality is
located in Illinois or in another state, or (II) a fire
protection district whose obligations were assumed by a
municipality under Section 21 of the Fire Protection District
Act, (ii) to any person who has served a municipality as a
regularly enrolled volunteer fireman for 5 years immediately
preceding the time that municipality begins to use full time
firemen to provide all or part of its fire protection service,
or (iii) to any person who has served as an auxiliary police
officer under Section 3.1-30-20 for at least 5 years and is
under 40 years of age, (iv) to any person who has served as a
deputy under Section 3-6008 of the Counties Code and otherwise
meets necessary training requirements, or (v) to any person who
has served as a sworn officer as a member of the Illinois
Department of State Police.

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(e) Applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at an
accredited college or university may be considered for
appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed to
active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she
reaches 21 years of age.
(f) Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the cadet
program of a municipality may be considered for appointment to
active duty with the fire department of any municipality.
(g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
(h) The examinations shall be practical in character and
relate to those matters that will fairly test the capacity of
the persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be appointed to
the police or fire department if he or she does not possess a
high school diploma or an equivalent high school education. A
board of fire and police commissioners may, by its rules,
require police applicants to have obtained an associate's
degree or a bachelor's degree as a prerequisite for employment.
The examinations shall include tests of physical

SB3642 - 688 - LRB101 20589 WGH 70218 b
qualifications and health. A board of fire and police
commissioners may, by its rules, waive portions of the required
examination for police applicants who have previously been
full-time sworn officers of a regular police department in any
municipal, county, university, or State law enforcement
agency, provided they are certified by the Illinois Law
Enforcement Training Standards Board and have been with their
respective law enforcement agency within the State for at least
2 years. No person shall be appointed to the police or fire
department if he or she has suffered the amputation of any limb
unless the applicant's duties will be only clerical or as a
radio operator. No applicant shall be examined concerning his
or her political or religious opinions or affiliations. The
examinations shall be conducted by the board of fire and police
commissioners of the municipality as provided in this Division
2.1.
The requirement that a police applicant possess an
associate's degree under this subsection may be waived if one
or more of the following applies: (1) the applicant has served
for 24 months of honorable active duty in the United States
Armed Forces and has not been discharged dishonorably or under
circumstances other than honorable; (2) the applicant has
served for 180 days of active duty in the United States Armed
Forces in combat duty recognized by the Department of Defense
and has not been discharged dishonorably or under circumstances
other than honorable; or (3) the applicant has successfully

SB3642 - 689 - LRB101 20589 WGH 70218 b
received credit for a minimum of 60 credit hours toward a
bachelor's degree from an accredited college or university.
The requirement that a police applicant possess a
bachelor's degree under this subsection may be waived if one or
more of the following applies: (1) the applicant has served for
36 months of honorable active duty in the United States Armed
Forces and has not been discharged dishonorably or under
circumstances other than honorable or (2) the applicant has
served for 180 days of active duty in the United States Armed
Forces in combat duty recognized by the Department of Defense
and has not been discharged dishonorably or under circumstances
other than honorable.
(i) No person who is classified by his local selective
service draft board as a conscientious objector, or who has
ever been so classified, may be appointed to the police
department.
(j) No person shall be appointed to the police or fire
department unless he or she is a person of good character and
not an habitual drunkard, gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude. No
person, however, shall be disqualified from appointment to the
fire department because of his or her record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7,
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,

SB3642 - 690 - LRB101 20589 WGH 70218 b
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
subsections (1), (6) and (8) of Section 24-1 of the Criminal
Code of 1961 or the Criminal Code of 2012, or arrest for any
cause without conviction on that cause. Any such person who is
in the department may be removed on charges brought and after a
trial as provided in this Division 2.1.
(Source: P.A. 100-467, eff. 9-8-17.)
(65 ILCS 5/10-2.1-6.1) (from Ch. 24, par. 10-2.1-6.1)
Sec. 10-2.1-6.1. A classifiable set of the fingerprints of
every person who is now employed, or who hereafter becomes
employed, as a full time member of a regular fire or police
department of any municipality in this State, whether with or
without compensation, shall be furnished to the Illinois
Department of State Police and to the Federal Bureau of
Investigation by the board of fire or police commissioners or
other appropriate appointing authority, as the case may be.
(Source: P.A. 84-25.)
(65 ILCS 5/10-2.1-6.2) (from Ch. 24, par. 10-2.1-6.2)
Sec. 10-2.1-6.2. Whenever the Board of Fire and Police
Commissioners is authorized or required by law to consider some
aspect of criminal history record information for the purpose
of carrying out its statutory powers and responsibilities,
then, upon request and payment of fees in conformance with the
requirements of Section 2605-400 of the Illinois Department of

SB3642 - 691 - LRB101 20589 WGH 70218 b
State Police Law (20 ILCS 2605/2605-400), the Illinois
Department of State Police is authorized to furnish, pursuant
to positive identification, such information contained in
State files as is necessary to fulfill the request.
(Source: P.A. 91-239, eff. 1-1-00.)
(65 ILCS 5/10-2.1-6.3)
Sec. 10-2.1-6.3. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 10-2.1-6.4, this Section shall apply to
all original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251) this amendatory Act of the 97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.

SB3642 - 692 - LRB101 20589 WGH 70218 b
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before August 4, 2011 (the effective date of
Public Act 97-251) this amendatory Act of the 97th General
Assembly is exempt from the requirements of this Section for
the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new position

SB3642 - 693 - LRB101 20589 WGH 70218 b
or vacancy due to resignation, discharge, promotion, death, the
granting of a disability or retirement pension, or any other
cause, the appointing authority shall appoint to that position
the person with the highest ranking on the final eligibility
list. If the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position or if the appointing authority believes an
alternate candidate would better serve the needs of the
department, then the appointing authority has the right to pass
over the highest ranked person and appoint either: (i) any
person who has a ranking in the top 5% of the register of
eligibles or (ii) any person who is among the top 5 highest
ranked persons on the list of eligibles if the number of people
who have a ranking in the top 5% of the register of eligibles
is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall not
prejudice a person's opportunities to participate in future
examinations, including an examination held during the time a
candidate is already on the municipality's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire and police commissioners.
All certificates of appointment issued to any officer or member

SB3642 - 694 - LRB101 20589 WGH 70218 b
of an affected department shall be signed by the chairperson
and secretary, respectively, of the board upon appointment of
such officer or member to the affected department by action of
the board. After being selected from the register of eligibles
to fill a vacancy in the affected department, each appointee
shall be presented with his or her certificate of appointment
on the day on which he or she is sworn in as a classified member
of the affected department. Firefighters who were not issued a
certificate of appointment when originally appointed shall be
provided with a certificate within 10 days after making a
written request to the chairperson of the board of fire and
police commissioners. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of the
97th General Assembly appointed to a fire department or fire
protection district or employed by a State university and sworn
or commissioned to perform firefighter duties or paramedic
duties, or both, except that the following persons are not
included: part-time firefighters; auxiliary, reserve, or
voluntary firefighters, including paid-on-call firefighters;
clerks and dispatchers or other civilian employees of a fire
department or fire protection district who are not routinely

SB3642 - 695 - LRB101 20589 WGH 70218 b
expected to perform firefighter duties; and elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required of
members of the fire department in order to provide the highest
quality of service to the public. To this end, all applicants
for original appointment to an affected fire department shall
be subject to examination and testing which shall be public,
competitive, and open to all applicants unless the municipality
shall by ordinance limit applicants to residents of the
municipality, county or counties in which the municipality is
located, State, or nation. Any examination and testing
procedure utilized under subsection (e) of this Section shall
be supported by appropriate validation evidence and shall
comply with all applicable State and federal laws.
Municipalities may establish educational, emergency medical
service licensure, and other prerequisites prerequites for
participation in an examination or for hire as a firefighter.
Any municipality may charge a fee to cover the costs of the
application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of
promotion, except for the rank or position of fire chief and

SB3642 - 696 - LRB101 20589 WGH 70218 b
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to the
Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the
municipality, except as provided in this Section. The age
limitation does not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located in
Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section 21
of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district,
(2) any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the municipality begins to use full-time firefighters
to provide all or part of its fire protection service, or
(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as

SB3642 - 697 - LRB101 20589 WGH 70218 b
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter
appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this Section,
the probationary employment period limitation may be extended
for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
In the event that any applicant who has been found eligible
for appointment and whose name has been placed upon the final
eligibility register provided for in this Section has not been
appointed to a firefighter position within one year after the
date of his or her physical ability examination, the commission
may cause a second examination to be made of that applicant's

SB3642 - 698 - LRB101 20589 WGH 70218 b
physical ability prior to his or her appointment. If, after the
second examination, the physical ability of the applicant shall
be found to be less than the minimum standard fixed by the
rules of the commission, the applicant shall not be appointed.
The applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the municipality, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the municipality, or (ii) on the
municipality's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall

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determine an applicant's qualification for and placement on the
final register of eligibles. The examination may also include a
subjective component based on merit criteria as determined by
the commission. Scores from the examination must be made
available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written examinations
shall be administered in a manner that ensures the security and
accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform the
essential functions included in the duties they may be called
upon to perform as a member of a fire department. For the
purposes of this Section, essential functions of the job are
functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,

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competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties including
grip strength, leg strength, and arm strength. Tests shall
be conducted under anaerobic as well as aerobic conditions
to test both the candidate's speed and endurance in
performing tasks and evolutions. Tasks tested may be based
on standards developed, or approved, by the local
appointing authority.
(2) The ability to climb ladders, operate from heights,
walk or crawl in the dark along narrow and uneven surfaces,
and operate in proximity to hazardous environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors

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and monitors, open to the public, and subject to reasonable
regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the commission so as to demonstrate a candidate's ability to
perform the essential functions of the job. The minimum score
set by the commission shall be supported by appropriate
validation evidence and shall comply with all applicable State
and federal laws. The appointing authority may conduct the
physical ability component and any subjective components
subsequent to the posting of the preliminary eligibility
register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,

SB3642 - 702 - LRB101 20589 WGH 70218 b
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score as set by
the commission. The local appointing authority may prescribe
the score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum score for
passage and who have passed the physical ability examination.
These persons shall take rank upon the register as candidates
in the order of their relative excellence based on the highest
to the lowest total points scored on the mental aptitude,
subjective component, and preference components of the test
administered in accordance with this Section. No more than 60
days after each examination, an initial eligibility list shall
be posted by the commission. The list shall include the final
grades of the candidates without reference to priority of the
time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference to
priority of time of examination and subject to claim for

SB3642 - 703 - LRB101 20589 WGH 70218 b
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service or emergency medical services, or a bachelor's
degree from an accredited college or university may be
preferred for appointment to and employment with the fire
department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic shall be preferred for appointment
to and employment with the fire department of an affected

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department providing emergency medical services.
(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, State of Illinois or nationally
licensed EMT, EMT-I, A-EMT, or any combination of those
capacities shall be awarded 0.5 point for each year of
successful service in one or more of those capacities, up
to a maximum of 5 points. Certified Firefighter III and
State of Illinois or nationally licensed paramedics shall
be awarded one point per year up to a maximum of 5 points.
Applicants from outside the municipality who were employed
as full-time firefighters or firefighter-paramedics by a
fire protection district or another municipality for at
least 2 years shall be awarded 5 experience preference
points. These additional points presuppose a rating scale
totaling 100 points available for the eligibility list. If
more or fewer points are used in the rating scale for the
eligibility list, the points awarded under this subsection
shall be increased or decreased by a factor equal to the
total possible points available for the examination
divided by 100.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number of

SB3642 - 705 - LRB101 20589 WGH 70218 b
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of preference points under this subsection if the
amount of points awarded would place the candidate before a
veteran on the eligibility list. If more than one candidate
receiving experience preference points is prevented from
receiving all of their points due to not being allowed to
pass a veteran, the candidates shall be placed on the list
below the veteran in rank order based on the totals
received if all points under this subsection were to be
awarded. Any remaining ties on the list shall be determined
by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction shall be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meet the
qualifications for original appointment as a firefighter
specified in this Section are eligible to be awarded up to
20 preference points. To qualify for preference points, an

SB3642 - 706 - LRB101 20589 WGH 70218 b
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section
10-2.1-4 of this Division and the terms established by a
Joint Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.
(8) Scoring of preferences. The commission may give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except (1) and (7.5). The number of

SB3642 - 707 - LRB101 20589 WGH 70218 b
preference points for each category shall range from 0 to
5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if a
candidate earns the maximum number of preference points in
all categories except item (7.5), that number may not be
less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference may be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable

SB3642 - 708 - LRB101 20589 WGH 70218 b
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit may make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim may be deemed waived. Final
eligibility registers may be established after the awarding of
verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to the
commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review, including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for

SB3642 - 709 - LRB101 20589 WGH 70218 b
original appointment after the names have been on the list for
more than 2 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrest for any cause without
conviction thereon. Any such person who is in the department
may be removed on charges brought for violating this subsection
and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in

SB3642 - 710 - LRB101 20589 WGH 70218 b
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law of the Civil Administrative Code of
Illinois, the Illinois Department of State Police is authorized
to furnish, pursuant to positive identification, the
information contained in State files as is necessary to fulfill
the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or otherwise
knowingly violates or subverts any requirement of this Section,
commits a violation of this Section and may be subject to
charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
revised 11-26-19.)

SB3642 - 711 - LRB101 20589 WGH 70218 b
(65 ILCS 5/11-32-1) (from Ch. 24, par. 11-32-1)
Sec. 11-32-1. The corporate authorities of each
municipality may:
(1) provide for the regulation, safe construction,
installation, alteration, inspection, testing and maintenance
of heating, air conditioning and refrigerating systems
specified in this section.
(2) provide for examination, licensing and regulation of
heating, air conditioning and refrigeration contractors; and
fix the amount of license fees, not exceeding $50, and the
terms and manner of issuing and revoking licenses of such
contractors.
(3) provide for the appointment of a board of examiners
which shall examine applicants for and issue licenses to such
contractors as are found capable and trustworthy.
A. The term "heating, air conditioning and refrigeration
contractor" means:
(a) any person engaged in the business of installing,
altering or servicing heating, air conditioning or
refrigerating systems;
(b) any private or municipally owned public utility if such
public utility installs heating, air conditioning or
refrigerating systems.
The term "heating, air conditioning and refrigeration
contractor" does not include: (i) any private or municipally

SB3642 - 712 - LRB101 20589 WGH 70218 b
owned public utility, fuel supplier or dealer that supplies
fuel and services or repairs heating or air conditioning
appliances or equipment in connection with or as a part of
their business of supplying the fuel used in such appliances or
equipment; or (ii) any liquefied petroleum gas dealer subject
to "An Act to regulate the storage, transportation, sale and
use of liquefied petroleum gases", approved July 11, 1955, as
now or hereafter amended, and the rules and regulations of the
Illinois Department of State Police promulgated pursuant to
such Act; or (iii) any electrical contractor registered or
licensed as such under the provisions of this Act or any other
statute.
B. The term "heating system" means any heating unit
intended to warm the atmosphere of any building or rooms
therein used for human occupancy.
C. The term "air conditioning system" means any air
conditioning unit designed to cool the atmosphere of any
building or rooms therein used for human occupancy, which unit
has a rated heat removal capacity in excess of 20,000 British
thermal units per hour; and also any such unit regardless of
size or rating that is installed in such a manner that it
projects from a building where pedestrian traffic will pass
below it.
D. The term "refrigerating system" means any refrigerating
unit, other than an air conditioning system as defined in this
section, which is to be used in conjunction with or as an aid

SB3642 - 713 - LRB101 20589 WGH 70218 b
to any commercial enterprise but does not include a
refrigerating unit used for family household purposes.
Any heating, air conditioning and refrigeration contractor
properly licensed under paragraph (2) of this section in the
municipality of his principal place of business in this State
may install heating, air conditioning and refrigeration
systems in any other municipality without securing an
additional license, provided that such contractor complies
with the rules and regulations of the municipality where such
systems are installed.
(Source: P.A. 84-25.)
Section 440. The Fire Protection District Act is amended by
changing Section 16.06b as follows:
(70 ILCS 705/16.06b)
Sec. 16.06b. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow the
provisions of Section 16.06c, this Section shall apply to all
original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251) this amendatory Act of the 97th General Assembly.
Notwithstanding any statute, ordinance, rule, or other law

SB3642 - 714 - LRB101 20589 WGH 70218 b
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in a no less stringent manner than the manner provided for in
this Section. Provisions of the Illinois Municipal Code, Fire
Protection District Act, fire district ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A fire protection district that is operating under a court
order or consent decree regarding original appointments to a
full-time fire department before August 4, 2011 (the effective
date of Public Act 97-251) this amendatory Act of the 97th
General Assembly is exempt from the requirements of this
Section for the duration of the court order or consent decree.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
required by this Section. Only persons who meet or exceed the
performance standards required by the Section shall be placed
on a register of eligibles for original appointment to an
affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new position

SB3642 - 715 - LRB101 20589 WGH 70218 b
or vacancy due to resignation, discharge, promotion, death, the
granting of a disability or retirement pension, or any other
cause, the appointing authority shall appoint to that position
the person with the highest ranking on the final eligibility
list. If the appointing authority has reason to conclude that
the highest ranked person fails to meet the minimum standards
for the position or if the appointing authority believes an
alternate candidate would better serve the needs of the
department, then the appointing authority has the right to pass
over the highest ranked person and appoint either: (i) any
person who has a ranking in the top 5% of the register of
eligibles or (ii) any person who is among the top 5 highest
ranked persons on the list of eligibles if the number of people
who have a ranking in the top 5% of the register of eligibles
is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall not
prejudice a person's opportunities to participate in future
examinations, including an examination held during the time a
candidate is already on the fire district's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire commissioners, or board of
trustees serving in the capacity of a board of fire

SB3642 - 716 - LRB101 20589 WGH 70218 b
commissioners. All certificates of appointment issued to any
officer or member of an affected department shall be signed by
the chairperson and secretary, respectively, of the commission
upon appointment of such officer or member to the affected
department by action of the commission. After being selected
from the register of eligibles to fill a vacancy in the
affected department, each appointee shall be presented with his
or her certificate of appointment on the day on which he or she
is sworn in as a classified member of the affected department.
Firefighters who were not issued a certificate of appointment
when originally appointed shall be provided with a certificate
within 10 days after making a written request to the
chairperson of the board of fire commissioners, or board of
trustees serving in the capacity of a board of fire
commissioners. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) this amendatory Act of the
97th General Assembly appointed to a fire department or fire
protection district or employed by a State university and sworn
or commissioned to perform firefighter duties or paramedic
duties, or both, except that the following persons are not
included: part-time firefighters; auxiliary, reserve, or

SB3642 - 717 - LRB101 20589 WGH 70218 b
voluntary firefighters, including paid-on-call firefighters;
clerks and dispatchers or other civilian employees of a fire
department or fire protection district who are not routinely
expected to perform firefighter duties; and elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required of
members of the fire department in order to provide the highest
quality of service to the public. To this end, all applicants
for original appointment to an affected fire department shall
be subject to examination and testing which shall be public,
competitive, and open to all applicants unless the district
shall by ordinance limit applicants to residents of the
district, county or counties in which the district is located,
State, or nation. Any examination and testing procedure
utilized under subsection (e) of this Section shall be
supported by appropriate validation evidence and shall comply
with all applicable State and federal laws. Districts may
establish educational, emergency medical service licensure,
and other prerequisites prerequites for participation in an
examination or for hire as a firefighter. Any fire protection
district may charge a fee to cover the costs of the application
process.
Residency requirements in effect at the time an individual
enters the fire service of a district cannot be made more

SB3642 - 718 - LRB101 20589 WGH 70218 b
restrictive for that individual during his or her period of
service for that district, or be made a condition of promotion,
except for the rank or position of fire chief and for no more
than 2 positions that rank immediately below that of the chief
rank which are appointed positions pursuant to the Fire
Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the district,
except as provided in this Section. The age limitation does not
apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located in
Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section 21
of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district;
(2) any person who has served a fire district as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter for the 5 years immediately preceding the time
that the district begins to use full-time firefighters to
provide all or part of its fire protection service; or
(3) any person who turned 35 while serving as a member

SB3642 - 719 - LRB101 20589 WGH 70218 b
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
district or their designees and agents.
No district shall require that any firefighter appointed to
the lowest rank serve a probationary employment period of
longer than one year of actual active employment, which may
exclude periods of training, or injury or illness leaves,
including duty related leave, in excess of 30 calendar days.
Notwithstanding anything to the contrary in this Section, the
probationary employment period limitation may be extended for a
firefighter who is required, as a condition of employment, to
be a licensed paramedic, during which time the sole reason that
a firefighter may be discharged without a hearing is for
failing to meet the requirements for paramedic licensure.
In the event that any applicant who has been found eligible
for appointment and whose name has been placed upon the final
eligibility register provided for in this Section has not been
appointed to a firefighter position within one year after the

SB3642 - 720 - LRB101 20589 WGH 70218 b
date of his or her physical ability examination, the commission
may cause a second examination to be made of that applicant's
physical ability prior to his or her appointment. If, after the
second examination, the physical ability of the applicant shall
be found to be less than the minimum standard fixed by the
rules of the commission, the applicant shall not be appointed.
The applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the district, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the district, or (ii) on the fire protection
district's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical

SB3642 - 721 - LRB101 20589 WGH 70218 b
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on the
final register of eligibles. The examination may also include a
subjective component based on merit criteria as determined by
the commission. Scores from the examination must be made
available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written examinations
shall be administered in a manner that ensures the security and
accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform the
essential functions included in the duties they may be called
upon to perform as a member of a fire department. For the
purposes of this Section, essential functions of the job are
functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor

SB3642 - 722 - LRB101 20589 WGH 70218 b
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties including
grip strength, leg strength, and arm strength. Tests shall
be conducted under anaerobic as well as aerobic conditions
to test both the candidate's speed and endurance in
performing tasks and evolutions. Tasks tested may be based
on standards developed, or approved, by the local
appointing authority.
(2) The ability to climb ladders, operate from heights,
walk or crawl in the dark along narrow and uneven surfaces,
and operate in proximity to hazardous environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.

SB3642 - 723 - LRB101 20589 WGH 70218 b
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of proctors
and monitors, open to the public, and subject to reasonable
regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the appointing authorities so as to demonstrate a candidate's
ability to perform the essential functions of the job. The
minimum score set by the commission shall be supported by
appropriate validation evidence and shall comply with all
applicable State and federal laws. The appointing authority may
conduct the physical ability component and any subjective
components subsequent to the posting of the preliminary
eligibility register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).

SB3642 - 724 - LRB101 20589 WGH 70218 b
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score set by the
commission. The local appointing authority may prescribe the
score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of persons
whose total score is not less than the minimum score for
passage and who have passed the physical ability examination.
These persons shall take rank upon the register as candidates
in the order of their relative excellence based on the highest
to the lowest total points scored on the mental aptitude,
subjective component, and preference components of the test
administered in accordance with this Section. No more than 60
days after each examination, an initial eligibility list shall
be posted by the commission. The list shall include the final
grades of the candidates without reference to priority of the
time of examination and subject to claim for preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission

SB3642 - 725 - LRB101 20589 WGH 70218 b
showing the final grades of the candidates without reference to
priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in the
military service of the United States for a period of at
least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field of
fire service or emergency medical services, or a bachelor's
degree from an accredited college or university may be
preferred for appointment to and employment with the fire
department.
(4) Paramedic preference. Persons who have obtained a

SB3642 - 726 - LRB101 20589 WGH 70218 b
license as a paramedic may be preferred for appointment to
and employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons employed by a
district who have been paid-on-call or part-time certified
Firefighter II, certified Firefighter III, State of
Illinois or nationally licensed EMT, EMT-I, A-EMT, or
paramedic, or any combination of those capacities may be
awarded up to a maximum of 5 points. However, the applicant
may not be awarded more than 0.5 points for each complete
year of paid-on-call or part-time service. Applicants from
outside the district who were employed as full-time
firefighters or firefighter-paramedics by a fire
protection district or municipality for at least 2 years
may be awarded up to 5 experience preference points.
However, the applicant may not be awarded more than one
point for each complete year of full-time service.
Upon request by the commission, the governing body of
the district or in the case of applicants from outside the
district the governing body of any other fire protection
district or any municipality shall certify to the
commission, within 10 days after the request, the number of
years of successful paid-on-call, part-time, or full-time
service of any person. A candidate may not receive the full
amount of preference points under this subsection if the
amount of points awarded would place the candidate before a

SB3642 - 727 - LRB101 20589 WGH 70218 b
veteran on the eligibility list. If more than one candidate
receiving experience preference points is prevented from
receiving all of their points due to not being allowed to
pass a veteran, the candidates shall be placed on the list
below the veteran in rank order based on the totals
received if all points under this subsection were to be
awarded. Any remaining ties on the list shall be determined
by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meet the
qualifications for original appointment as a firefighter
specified in this Section are eligible to be awarded up to
20 preference points. To qualify for preference points, an
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section 16.06

SB3642 - 728 - LRB101 20589 WGH 70218 b
of this Act and the terms established by a Joint
Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except (1) and (7.5). The number of
preference points for each category shall range from 0 to
5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if a
candidate earns the maximum number of preference points in

SB3642 - 729 - LRB101 20589 WGH 70218 b
all categories except item (7.5), that number may not be
less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final

SB3642 - 730 - LRB101 20589 WGH 70218 b
eligibility registers shall be established after the awarding
of verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to the
commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates for
original appointment after the names have been on the list for
more than 2 years.
(i) Moral character. No person shall be appointed to a fire
department unless he or she is a person of good character; not

SB3642 - 731 - LRB101 20589 WGH 70218 b
a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrest for any cause without
conviction thereon. Any such person who is in the department
may be removed on charges brought for violating this subsection
and after a trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois Department of State Police and to the
Federal Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law of the Civil Administrative Code of
Illinois, the Illinois Department of State Police is authorized
to furnish, pursuant to positive identification, the

SB3642 - 732 - LRB101 20589 WGH 70218 b
information contained in State files as is necessary to fulfill
the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Section, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or otherwise
knowingly violates or subverts any requirement of this Section,
commits a violation of this Section and may be subject to
charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
revised 11-26-19.)
Section 450. The Park District Code is amended by changing
Section 8-23 as follows:

SB3642 - 733 - LRB101 20589 WGH 70218 b
(70 ILCS 1205/8-23)
Sec. 8-23. Criminal background investigations.
(a) An applicant for employment with a park district is
required as a condition of employment to authorize an
investigation to determine if the applicant has been convicted
of any of the enumerated criminal or drug offenses in
subsection (c) or (d) of this Section, or adjudicated a
delinquent minor for any of the enumerated criminal or drug
offenses in subsection (c) or (d) of this Section, or has been
convicted, within 7 years of the application for employment
with the park district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the
applicant to the park district. Upon receipt of this
authorization, the park district shall submit the applicant's
name, sex, race, date of birth, and social security number to
the Illinois Department of State Police on forms prescribed by
the Illinois Department of State Police. The Illinois
Department of State Police shall conduct a search of the
Illinois criminal history records database to ascertain if the
applicant being considered for employment has been convicted of
any of the enumerated criminal or drug offenses in subsection
(c) or (d) of this Section, or adjudicated a delinquent minor

SB3642 - 734 - LRB101 20589 WGH 70218 b
for committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) or (d) of this
Section, or has been convicted of committing or attempting to
commit, within 7 years of the application for employment with
the park district, any other felony under the laws of this
State. The Illinois Department of State Police shall charge the
park district a fee for conducting the investigation, which fee
shall be deposited in the State Police Services Fund and shall
not exceed the cost of the inquiry. The applicant shall not be
charged a fee by the park district for the investigation.
(b) If the search of the Illinois criminal history record
database indicates that the applicant has been convicted of any
of the enumerated criminal or drug offenses in subsection (c)
or (d), or adjudicated a delinquent minor for committing or
attempting to commit any of the enumerated criminal or drug
offenses in subsection (c) or (d), or has been convicted of
committing or attempting to commit, within 7 years of the
application for employment with the park district, any other
felony under the laws of this State, the Illinois Department of
State Police and the Federal Bureau of Investigation shall
furnish, pursuant to a fingerprint based background check,
records of convictions or adjudications as a delinquent minor,
until expunged, to the president of the park district. Any
information concerning the record of convictions or
adjudications as a delinquent minor obtained by the president
shall be confidential and may only be transmitted to those

SB3642 - 735 - LRB101 20589 WGH 70218 b
persons who are necessary to the decision on whether to hire
the applicant for employment. A copy of the record of
convictions or adjudications as a delinquent minor obtained
from the Illinois Department of State Police shall be provided
to the applicant for employment. Any person who releases any
confidential information concerning any criminal convictions
or adjudications as a delinquent minor of an applicant for
employment shall be guilty of a Class A misdemeanor, unless the
release of such information is authorized by this Section.
(c) No park district shall knowingly employ a person who
has been convicted, or adjudicated a delinquent minor, for
committing attempted first degree murder or for committing or
attempting to commit first degree murder, a Class X felony, or
any one or more of the following criminal offenses: (i) those
defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-6, 11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4
felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,
and 12-16 of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any
offense committed or attempted in any other state or against
the laws of the United States, which, if committed or attempted
in this State, would have been punishable as one or more of the
foregoing offenses. Further, no park district shall knowingly
employ a person who has been found to be the perpetrator of

SB3642 - 736 - LRB101 20589 WGH 70218 b
sexual or physical abuse of any minor under 18 years of age
pursuant to proceedings under Article II of the Juvenile Court
Act of 1987. No park district shall knowingly employ a person
for whom a criminal background investigation has not been
initiated.
(d) No park district shall knowingly employ a person who
has been convicted of the following drug offenses, other than
an offense set forth in subsection (c), until 7 years following
the end of the sentence imposed for any of the following
offenses: (i) those defined in the Cannabis Control Act, except
those defined in Sections 4(a), 4(b), 4(c), 5(a), and 5(b) of
that Act; (ii) those defined in the Illinois Controlled
Substances Act; (iii) those defined in the Methamphetamine
Control and Community Protection Act; and (iv) any offense
committed or attempted in any other state or against the laws
of the United States, which, if committed or attempted in this
State, would have been punishable as one or more of the
foregoing offenses. For purposes of this paragraph, "sentence"
includes any period of supervision or probation that was
imposed either alone or in combination with a period of
incarceration.
(e) Notwithstanding the provisions of subsections (c) and
(d), a park district may, in its discretion, employ a person
who has been granted a certificate of good conduct under
Section 5-5.5-25 of the Unified Code of Corrections by the
circuit court.

SB3642 - 737 - LRB101 20589 WGH 70218 b
(Source: P.A. 99-884, eff. 8-22-16.)
Section 455. The Chicago Park District Act is amended by
changing Section 16a-5 as follows:
(70 ILCS 1505/16a-5)
Sec. 16a-5. Criminal background investigations.
(a) An applicant for employment with the Chicago Park
District is required as a condition of employment to authorize
an investigation to determine if the applicant has been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) or (d) of this Section, or adjudicated a
delinquent minor for any of the enumerated criminal or drug
offenses in subsection (c) or (d) of this Section, or has been
convicted, within 7 years of the application for employment
with the Chicago Park District, of any other felony under the
laws of this State or of any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the investigation shall be furnished by the
applicant to the Chicago Park District. Upon receipt of this
authorization, the Chicago Park District shall submit the
applicant's name, sex, race, date of birth, and social security
number to the Illinois Department of State Police on forms
prescribed by the Illinois Department of State Police. The

SB3642 - 738 - LRB101 20589 WGH 70218 b
Illinois Department of State Police shall conduct a search of
the Illinois criminal history record information database to
ascertain if the applicant being considered for employment has
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) or (d) of this Section, or
adjudicated a delinquent minor for committing or attempting to
commit any of the enumerated criminal or drug offenses in
subsection (c) or (d) of this Section, or has been convicted of
committing or attempting to commit, within 7 years of the
application for employment with the Chicago Park District, any
other felony under the laws of this State. The Illinois
Department of State Police shall charge the Chicago Park
District a fee for conducting the investigation, which fee
shall be deposited in the State Police Services Fund and shall
not exceed the cost of the inquiry. The applicant shall not be
charged a fee by the Chicago Park District for the
investigation.
(b) If the search of the Illinois criminal history record
database indicates that the applicant has been convicted of any
of the enumerated criminal or drug offenses in subsection (c)
or (d), or adjudicated a delinquent minor for committing or
attempting to commit any of the enumerated criminal or drug
offenses in subsection (c) or (d), or has been convicted of
committing or attempting to commit, within 7 years of the
application for employment with the Chicago Park District, any
other felony under the laws of this State, the Illinois

SB3642 - 739 - LRB101 20589 WGH 70218 b
Department of State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint based
background check, records of convictions or adjudications as a
delinquent minor, until expunged, to the General
Superintendent and Chief Executive Officer of the Chicago Park
District. Any information concerning the record of convictions
or adjudications as a delinquent minor obtained by the General
Superintendent and Chief Executive Officer shall be
confidential and may only be transmitted to those persons who
are necessary to the decision on whether to hire the applicant
for employment. A copy of the record of convictions or
adjudications as a delinquent minor obtained from the Illinois
Department of State Police shall be provided to the applicant
for employment. Any person who releases any confidential
information concerning any criminal convictions or
adjudications as a delinquent minor of an applicant for
employment shall be guilty of a Class A misdemeanor, unless the
release of such information is authorized by this Section.
(c) The Chicago Park District may not knowingly employ a
person who has been convicted, or adjudicated a delinquent
minor, for committing attempted first degree murder or for
committing or attempting to commit first degree murder, a Class
X felony, or any one or more of the following criminal
offenses: (i) those defined in Sections 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14.3, 11-14.4,
11-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,

SB3642 - 740 - LRB101 20589 WGH 70218 b
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted
of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14,
12-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv)
(blank); and (v) any offense committed or attempted in any
other state or against the laws of the United States, which, if
committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses. Further,
the Chicago Park District may not knowingly employ a person who
has been found to be the perpetrator of sexual or physical
abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987.
The Chicago Park District may not knowingly employ a person for
whom a criminal background investigation has not been
initiated.
(d) The Chicago Park District shall not knowingly employ a
person who has been convicted of the following drug offenses,
other than an offense set forth in subsection (c), until 7
years following the end of the sentence imposed for any of the
following offenses: (i) those defined in the Cannabis Control
Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),
and 5(b) of that Act; (ii) those defined in the Illinois
Controlled Substances Act; (iii) those defined in the
Methamphetamine Control and Community Protection Act; and (iv)
any offense committed or attempted in any other state or
against the laws of the United States, which, if committed or

SB3642 - 741 - LRB101 20589 WGH 70218 b
attempted in this State, would have been punishable as one or
more of the foregoing offenses. For purposes of this paragraph,
"sentence" includes any period of supervision or probation that
was imposed either alone or in combination with a period of
incarceration.
(e) Notwithstanding the provisions of subsection (c) or
(d), the Chicago Park District may, in its discretion, employ a
person who has been granted a certificate of good conduct under
Section 5-5.5-25 of the Unified Code of Corrections by the
Circuit Court.
(Source: P.A. 99-884, eff. 8-22-16.)
Section 505. The Metropolitan Transit Authority Act is
amended by changing Section 28b as follows:
(70 ILCS 3605/28b) (from Ch. 111 2/3, par. 328b)
Sec. 28b. Any person applying for a position as a driver of
a vehicle owned by a private carrier company which provides
public transportation pursuant to an agreement with the
Authority shall be required to authorize an investigation by
the private carrier company to determine if the applicant has
been convicted of any of the following offenses: (i) those
offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
10-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

SB3642 - 742 - LRB101 20589 WGH 70218 b
11-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
12-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
12-16, 12-16.1, 18-1, 18-2, 19-6, 20-1, 20-1.1, 31A-1, 31A-1.1,
and 33A-2, in subsection (a) and subsection (b), clause (1), of
Section 12-4, in subdivisions (a)(1), (b)(1), and (f)(1) of
Section 12-3.05, and in subsection (a-5) of Section 12-3.1 of
the Criminal Code of 1961 or the Criminal Code of 2012; (ii)
those offenses defined in the Cannabis Control Act except those
offenses defined in subsections (a) and (b) of Section 4, and
subsection (a) of Section 5 of the Cannabis Control Act (iii)
those offenses defined in the Illinois Controlled Substances
Act; (iv) those offenses defined in the Methamphetamine Control
and Community Protection Act; and (v) any offense committed or
attempted in any other state or against the laws of the United
States, which if committed or attempted in this State would be
punishable as one or more of the foregoing offenses. Upon
receipt of this authorization, the private carrier company
shall submit the applicant's name, sex, race, date of birth,
fingerprints and social security number to the Illinois
Department of State Police on forms prescribed by the
Department. The Illinois Department of State Police shall
conduct an investigation to ascertain if the applicant has been
convicted of any of the above enumerated offenses. The
Department shall charge the private carrier company a fee for
conducting the investigation, which fee shall be deposited in
the State Police Services Fund and shall not exceed the cost of

SB3642 - 743 - LRB101 20589 WGH 70218 b
the inquiry; and the applicant shall not be charged a fee for
such investigation by the private carrier company. The Illinois
Department of State Police shall furnish, pursuant to positive
identification, records of convictions, until expunged, to the
private carrier company which requested the investigation. A
copy of the record of convictions obtained from the Department
shall be provided to the applicant. Any record of conviction
received by the private carrier company shall be confidential.
Any person who releases any confidential information
concerning any criminal convictions of an applicant shall be
guilty of a Class A misdemeanor, unless authorized by this
Section.
(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;
96-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff.
1-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
Section 510. The School Code is amended by changing
Sections 1A-11, 2-3.25o, 2-3.73, 2-3.140, 10-20.21a, 10-21.7,
10-21.9, 10-27.1A, 10-27.1B, 34-2.1, 34-8.05, and 34-18.5 as
follows:
(105 ILCS 5/1A-11)
Sec. 1A-11. Children; methamphetamine; protocol. The State
Board of Education shall cooperate with the Department of
Children and Family Services and the Illinois Department of
State Police in developing the protocol required under Section

SB3642 - 744 - LRB101 20589 WGH 70218 b
6.5 of the Children and Family Services Act. The Board must
post the protocol on the official Web site maintained by the
Board.
(Source: P.A. 94-554, eff. 1-1-06.)
(105 ILCS 5/2-3.25o)
Sec. 2-3.25o. Registration and recognition of non-public
elementary and secondary schools.
(a) Findings. The General Assembly finds and declares (i)
that the Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the educational
development of all persons to the limits of their capacities"
and (ii) that the educational development of every school
student serves the public purposes of the State. In order to
ensure that all Illinois students and teachers have the
opportunity to enroll and work in State-approved educational
institutions and programs, the State Board of Education shall
provide for the voluntary registration and recognition of
non-public elementary and secondary schools.
(b) Registration. All non-public elementary and secondary
schools in the State of Illinois may voluntarily register with
the State Board of Education on an annual basis. Registration
shall be completed in conformance with procedures prescribed by
the State Board of Education. Information required for
registration shall include assurances of compliance (i) with
federal and State laws regarding health examination and

SB3642 - 745 - LRB101 20589 WGH 70218 b
immunization, attendance, length of term, and
nondiscrimination and (ii) with applicable fire and health
safety requirements.
(c) Recognition. All non-public elementary and secondary
schools in the State of Illinois may voluntarily seek the
status of "Non-public School Recognition" from the State Board
of Education. This status may be obtained by compliance with
administrative guidelines and review procedures as prescribed
by the State Board of Education. The guidelines and procedures
must recognize that some of the aims and the financial bases of
non-public schools are different from public schools and will
not be identical to those for public schools, nor will they be
more burdensome. The guidelines and procedures must also
recognize the diversity of non-public schools and shall not
impinge upon the noneducational relationships between those
schools and their clientele.
(c-5) Prohibition against recognition. A non-public
elementary or secondary school may not obtain "Non-public
School Recognition" status unless the school requires all
certified and non-certified applicants for employment with the
school, after July 1, 2007, to authorize a fingerprint-based
criminal history records check as a condition of employment to
determine if such applicants have been convicted of any of the
enumerated criminal or drug offenses set forth in Section
21B-80 of this Code or have been convicted, within 7 years of
the application for employment, of any other felony under the

SB3642 - 746 - LRB101 20589 WGH 70218 b
laws of this State or of any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the
applicant to the school, except that if the applicant is a
substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as a
reading specialist, special education teacher, or otherwise),
or an educational support personnel employee seeking
employment positions with more than one non-public school, then
only one of the non-public schools employing the individual
shall request the authorization. Upon receipt of this
authorization, the non-public school shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois Department of State Police, to the
Illinois Department of State Police.
The Illinois Department of State Police and Federal Bureau
of Investigation shall furnish, pursuant to a
fingerprint-based criminal history records check, records of
convictions, forever and hereafter, until expunged, to the
president or principal of the non-public school that requested
the check. The Illinois Department of State Police shall charge
that school a fee for conducting such check, which fee must be

SB3642 - 747 - LRB101 20589 WGH 70218 b
deposited into the State Police Services Fund and must not
exceed the cost of the inquiry. Subject to appropriations for
these purposes, the State Superintendent of Education shall
reimburse non-public schools for fees paid to obtain criminal
history records checks under this Section.
A non-public school may not obtain recognition status
unless the school also performs a check of the Statewide Sex
Offender Database, as authorized by the Sex Offender Community
Notification Law, for each applicant for employment, after July
1, 2007, to determine whether the applicant has been
adjudicated a sex offender.
Any information concerning the record of convictions
obtained by a non-public school's president or principal under
this Section is confidential and may be disseminated only to
the governing body of the non-public school or any other person
necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Illinois Department of State Police shall be provided to
the applicant for employment. Upon a check of the Statewide Sex
Offender Database, the non-public school shall notify the
applicant as to whether or not the applicant has been
identified in the Sex Offender Database as a sex offender. Any
information concerning the records of conviction obtained by
the non-public school's president or principal under this
Section for a substitute teacher seeking employment in more
than one non-public school, a teacher seeking concurrent

SB3642 - 748 - LRB101 20589 WGH 70218 b
part-time employment positions with more than one non-public
school (as a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school may be shared with another non-public school's principal
or president to which the applicant seeks employment. Any
unauthorized release of confidential information may be a
violation of Section 7 of the Criminal Identification Act.
No non-public school may obtain recognition status that
knowingly employs a person, hired after July 1, 2007, for whom
an Illinois a Department of State Police and Federal Bureau of
Investigation fingerprint-based criminal history records check
and a Statewide Sex Offender Database check has not been
initiated or who has been convicted of any offense enumerated
in Section 21B-80 of this Code or any offense committed or
attempted in any other state or against the laws of the United
States that, if committed or attempted in this State, would
have been punishable as one or more of those offenses. No
non-public school may obtain recognition status under this
Section that knowingly employs a person who has been found to
be the perpetrator of sexual or physical abuse of a minor under
18 years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
In order to obtain recognition status under this Section, a
non-public school must require compliance with the provisions
of this subsection (c-5) from all employees of persons or firms

SB3642 - 749 - LRB101 20589 WGH 70218 b
holding contracts with the school, including, but not limited
to, food service workers, school bus drivers, and other
transportation employees, who have direct, daily contact with
pupils. Any information concerning the records of conviction or
identification as a sex offender of any such employee obtained
by the non-public school principal or president must be
promptly reported to the school's governing body.
Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in any non-public elementary
or secondary school that has obtained or seeks to obtain
recognition status under this Section, a student teacher is
required to authorize a fingerprint-based criminal history
records check. Authorization for and payment of the costs of
the check must be furnished by the student teacher to the chief
administrative officer of the non-public school where the
student teaching is to be completed. Upon receipt of this
authorization and payment, the chief administrative officer of
the non-public school shall submit the student teacher's name,
sex, race, date of birth, social security number, fingerprint
images, and other identifiers, as prescribed by the Illinois
Department of State Police, to the Illinois Department of State
Police. The Illinois Department of State Police and the Federal
Bureau of Investigation shall furnish, pursuant to a
fingerprint-based criminal history records check, records of
convictions, forever and hereinafter, until expunged, to the

SB3642 - 750 - LRB101 20589 WGH 70218 b
chief administrative officer of the non-public school that
requested the check. The Illinois Department of State Police
shall charge the school a fee for conducting the check, which
fee must be passed on to the student teacher, must not exceed
the cost of the inquiry, and must be deposited into the State
Police Services Fund. The school shall further perform a check
of the Statewide Sex Offender Database, as authorized by the
Sex Offender Community Notification Law, and of the Statewide
Murderer and Violent Offender Against Youth Database, as
authorized by the Murderer and Violent Offender Against Youth
Registration Act, for each student teacher. No school that has
obtained or seeks to obtain recognition status under this
Section may knowingly allow a person to student teach for whom
a criminal history records check, a Statewide Sex Offender
Database check, and a Statewide Murderer and Violent Offender
Against Youth Database check have not been completed and
reviewed by the chief administrative officer of the non-public
school.
A copy of the record of convictions obtained from the
Illinois Department of State Police must be provided to the
student teacher. Any information concerning the record of
convictions obtained by the chief administrative officer of the
non-public school is confidential and may be transmitted only
to the chief administrative officer of the non-public school or
his or her designee, the State Superintendent of Education, the
State Educator Preparation and Licensure Board, or, for

SB3642 - 751 - LRB101 20589 WGH 70218 b
clarification purposes, the Illinois Department of State
Police or the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database. Any
unauthorized release of confidential information may be a
violation of Section 7 of the Criminal Identification Act.
No school that has obtained or seeks to obtain recognition
status under this Section may knowingly allow a person to
student teach who has been convicted of any offense that would
subject him or her to license suspension or revocation pursuant
to Section 21B-80 of this Code or who has been found to be the
perpetrator of sexual or physical abuse of a minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
(d) Public purposes. The provisions of this Section are in
the public interest, for the public benefit, and serve secular
public purposes.
(e) Definition. For purposes of this Section, a non-public
school means any non-profit, non-home-based, and non-public
elementary or secondary school that is in compliance with Title
VI of the Civil Rights Act of 1964 and attendance at which
satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
(105 ILCS 5/2-3.73) (from Ch. 122, par. 2-3.73)
Sec. 2-3.73. Missing child program. The State Board of
Education shall administer and implement a missing child

SB3642 - 752 - LRB101 20589 WGH 70218 b
program in accordance with the provisions of this Section. Upon
receipt of each periodic information bulletin from the Illinois
Department of State Police pursuant to Section 6 of the
Intergovernmental Missing Child Recovery Act of 1984, the State
Board of Education shall promptly disseminate the information
to each school district in this State and to the principal or
chief administrative officer of every nonpublic elementary and
secondary school in this State registered with the State Board
of Education. Upon receipt of such information, each school
board shall compare the names on the bulletin to the names of
all students presently enrolled in the schools of the district.
If a school board or its designee determines that a missing
child is attending one of the schools within the school
district, or if the principal or chief administrative officer
of a nonpublic school is notified by school personnel that a
missing child is attending that school, the school board or the
principal or chief administrative officer of the nonpublic
school shall immediately give notice of this fact to the
Illinois Department of State Police and the law enforcement
agency having jurisdiction in the area where the missing child
resides or attends school.
(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
(105 ILCS 5/2-3.140)
Sec. 2-3.140. Child abduction prevention instruction. The
State Board of Education, in coordination with the Illinois

SB3642 - 753 - LRB101 20589 WGH 70218 b
Department of State Police, shall develop child abduction
prevention instruction for inclusion in elementary and
secondary school curricula throughout the State. The State
Board of Education and the Illinois Department of State Police
shall encourage the inclusion of the child abduction prevention
instruction in private elementary and secondary school
curricula throughout the State.
(Source: P.A. 93-310, eff. 7-23-03.)
(105 ILCS 5/10-20.21a)
Sec. 10-20.21a. Contracts for charter bus services. To
award contracts for providing charter bus services for the sole
purpose of transporting students regularly enrolled in grade 12
or below to or from interscholastic athletic or interscholastic
or school sponsored activities.
All contracts for providing charter bus services for the
sole purpose of transporting students regularly enrolled in
grade 12 or below to or from interscholastic athletic or
interscholastic or school sponsored activities must contain
clause (A) as set forth below, except that a contract with an
out-of-state company may contain clause (B), as set forth
below, or clause (A). The clause must be set forth in the body
of the contract in typeface of at least 12 points and all upper
case letters:
(A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY

SB3642 - 754 - LRB101 20589 WGH 70218 b
SERVICES ARE PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS
DEPARTMENT OF STATE POLICE IN THE FORM AND MANNER
PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE.
THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE
FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE ILLINOIS
DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF
INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE
FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT THEY
HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES
SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE
ILLINOIS VEHICLE CODE; AND
(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY
AGENCY."
(B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE
PROVIDING SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE
BEFORE ANY SERVICES ARE PROVIDED:
(1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS
DEPARTMENT OF STATE POLICE IN THE FORM AND MANNER
PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE.
THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE
FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE ILLINOIS
DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF
INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE

SB3642 - 755 - LRB101 20589 WGH 70218 b
FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT THEY
HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE OFFENSES
SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION 6-508 OF THE
ILLINOIS VEHICLE CODE; AND
(2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY
AGENCY."
(Source: P.A. 95-331, eff. 8-21-07.)
(105 ILCS 5/10-21.7) (from Ch. 122, par. 10-21.7)
Sec. 10-21.7. Attacks on school personnel.
(a) In the Section, "school" means any public or private
elementary or secondary school.
(b) Upon receipt of a written complaint from any school
personnel, the superintendent, or other appropriate
administrative officer for a private school, shall report all
incidents of battery committed against teachers, teacher
personnel, administrative personnel or educational support
personnel to the local law enforcement authorities immediately
after the occurrence of the attack and to the Illinois
Department of State Police's Illinois Uniform Crime Reporting
Program no later than 3 days after the occurrence of the
attack. The State Board of Education shall receive monthly as
well as annual statistical compilations of attacks on school
personnel from the Illinois Department of State Police through

SB3642 - 756 - LRB101 20589 WGH 70218 b
the Illinois Uniform Crime Reporting Program. The State Board
of Education shall compile this information by school district
and make it available to the public.
(Source: P.A. 91-491, eff. 8-13-99.)
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)
Sec. 10-21.9. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any disqualifying,
enumerated criminal or drug offenses in subsection (c) of this
Section or have been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State. Authorization for the check shall be furnished by
the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school

SB3642 - 757 - LRB101 20589 WGH 70218 b
district (as a reading specialist, special education teacher or
otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the check to the regional superintendent of
the educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois Department of State Police, to the
Illinois State Police Department. The regional superintendent
submitting the requisite information to the Illinois
Department of State Police shall promptly notify the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the check of the
applicant has been requested. The Illinois Department of State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional

SB3642 - 758 - LRB101 20589 WGH 70218 b
superintendent who requested the check. The Illinois State
Police Department shall charge the school district or the
appropriate regional superintendent a fee for conducting such
check, which fee shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry; and
the applicant shall not be charged a fee for such check by the
school district or by the regional superintendent, except that
those applicants seeking employment as a substitute teacher
with a school district may be charged a fee not to exceed the
cost of the inquiry. Subject to appropriations for these
purposes, the State Superintendent of Education shall
reimburse school districts and regional superintendents for
fees paid to obtain criminal history records checks under this
Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,
for each applicant. The check of the Statewide Sex Offender
Database must be conducted by the school district or regional
superintendent once for every 5 years that an applicant remains
employed by the school district.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent

SB3642 - 759 - LRB101 20589 WGH 70218 b
Offender Against Youth Database must be conducted by the school
district or regional superintendent once for every 5 years that
an applicant remains employed by the school district.
(b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be
transmitted to the superintendent of the school district or his
designee, the appropriate regional superintendent if the check
was requested by the school district, the presidents of the
appropriate school boards if the check was requested from the
Illinois Department of State Police by the regional
superintendent, the State Board of Education and a school
district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation
and Licensure Board, any other person necessary to the decision
of hiring the applicant for employment, or for clarification
purposes the Illinois Department of State Police or Statewide
Sex Offender Database, or both. A copy of the record of
convictions obtained from the Illinois Department of State
Police shall be provided to the applicant for employment. Upon
the check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or

SB3642 - 760 - LRB101 20589 WGH 70218 b
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois Department of State Police
upon a check ascertains that the applicant has not been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has not been convicted,
within 7 years of the application for employment with the
school district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional
superintendent upon a check ascertains that the applicant has
not been identified in the Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, then the
regional superintendent shall issue to the applicant a
certificate evidencing that as of the date specified by the
Illinois Department of State Police the applicant has not been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has not been convicted,
within 7 years of the application for employment with the
school district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been

SB3642 - 761 - LRB101 20589 WGH 70218 b
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional superintendent
conducted a check of the Statewide Sex Offender Database or
Statewide Murderer and Violent Offender Against Youth
Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois Department of State Police and
its own check of the Statewide Sex Offender Database or
Statewide Murderer and Violent Offender Against Youth Database
as provided in this Section. Any unauthorized release of
confidential information may be a violation of Section 7 of the
Criminal Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with a school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information

SB3642 - 762 - LRB101 20589 WGH 70218 b
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
(c) No school board shall knowingly employ a person who has
been convicted of any offense that would subject him or her to
license suspension or revocation pursuant to Section 21B-80 of
this Code, except as provided under subsection (b) of Section
21B-80. Further, no school board shall knowingly employ a
person who has been found to be the perpetrator of sexual or
physical abuse of any minor under 18 years of age pursuant to
proceedings under Article II of the Juvenile Court Act of 1987.
As a condition of employment, each school board must consider
the status of a person who has been issued an indicated finding
of abuse or neglect of a child by the Department of Children
and Family Services under the Abused and Neglected Child
Reporting Act or by a child welfare agency of another
jurisdiction.
(d) No school board shall knowingly employ a person for
whom a criminal history records check and a Statewide Sex
Offender Database check have has not been initiated.
(e) If permissible by federal or State law, no later than
15 business days after receipt of a record of conviction or of
checking the Statewide Murderer and Violent Offender Against
Youth Database or the Statewide Sex Offender Database and
finding a registration, the superintendent of the employing
school board or the applicable regional superintendent shall,
in writing, notify the State Superintendent of Education of any

SB3642 - 763 - LRB101 20589 WGH 70218 b
license holder who has been convicted of a crime set forth in
Section 21B-80 of this Code. Upon receipt of the record of a
conviction of or a finding of child abuse by a holder of any
license issued pursuant to Article 21B or Section 34-8.1 or
34-83 of the School Code, the State Superintendent of Education
may initiate licensure suspension and revocation proceedings
as authorized by law. If the receipt of the record of
conviction or finding of child abuse is received within 6
months after the initial grant of or renewal of a license, the
State Superintendent of Education may rescind the license
holder's license.
(e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of Education
and the applicable regional superintendent of schools of any
license holder whom he or she has reasonable cause to believe
has committed an intentional act of abuse or neglect with the
result of making a child an abused child or a neglected child,
as defined in Section 3 of the Abused and Neglected Child
Reporting Act, and that act resulted in the license holder's
dismissal or resignation from the school district. This
notification must be submitted within 30 days after the
dismissal or resignation. The license holder must also be
contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the regional superintendent of
schools, the State Superintendent of Education, the State Board

SB3642 - 764 - LRB101 20589 WGH 70218 b
of Education, or the State Educator Preparation and Licensure
Board under this subsection (e-5) is confidential and must not
be disclosed to third parties, except (i) as necessary for the
State Superintendent of Education or his or her designee to
investigate and prosecute pursuant to Article 21B of this Code,
(ii) pursuant to a court order, (iii) for disclosure to the
license holder or his or her representative, or (iv) as
otherwise provided in this Article and provided that any such
information admitted into evidence in a hearing is exempt from
this confidentiality and non-disclosure requirement. Except
for an act of willful or wanton misconduct, any superintendent
who provides notification as required in this subsection (e-5)
shall have immunity from any liability, whether civil or
criminal or that otherwise might result by reason of such
action.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school

SB3642 - 765 - LRB101 20589 WGH 70218 b
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois Department of State
Police and for conducting a check of the Statewide Sex Offender
Database for each employee. Any information concerning the
record of conviction and identification as a sex offender of
any such employee obtained by the regional superintendent shall
be promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by a school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district where the student teaching is to
be completed. Upon receipt of this authorization and payment,
the school district shall submit the student teacher's name,
sex, race, date of birth, social security number, fingerprint
images, and other identifiers, as prescribed by the Illinois
Department of State Police, to the Illinois Department of State

SB3642 - 766 - LRB101 20589 WGH 70218 b
Police. The Illinois Department of State Police and the Federal
Bureau of Investigation shall furnish, pursuant to a
fingerprint-based criminal history records check, records of
convictions, forever and hereinafter, until expunged, to the
president of the school board for the school district that
requested the check. The Illinois State Police Department shall
charge the school district a fee for conducting the check,
which fee must not exceed the cost of the inquiry and must be
deposited into the State Police Services Fund. The school
district shall further perform a check of the Statewide Sex
Offender Database, as authorized by the Sex Offender Community
Notification Law, and of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Registration Act, for each
student teacher. No school board may knowingly allow a person
to student teach for whom a criminal history records check, a
Statewide Sex Offender Database check, and a Statewide Murderer
and Violent Offender Against Youth Database check have not been
completed and reviewed by the district.
A copy of the record of convictions obtained from the
Illinois Department of State Police must be provided to the
student teacher. Any information concerning the record of
convictions obtained by the president of the school board is
confidential and may only be transmitted to the superintendent
of the school district or his or her designee, the State
Superintendent of Education, the State Educator Preparation

SB3642 - 767 - LRB101 20589 WGH 70218 b
and Licensure Board, or, for clarification purposes, the
Illinois Department of State Police or the Statewide Sex
Offender Database or Statewide Murderer and Violent Offender
Against Youth Database. Any unauthorized release of
confidential information may be a violation of Section 7 of the
Criminal Identification Act.
No school board shall knowingly allow a person to student
teach who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, no
school board shall allow a person to student teach if he or she
has been found to be the perpetrator of sexual or physical
abuse of a minor under 18 years of age pursuant to proceedings
under Article II of the Juvenile Court Act of 1987. Each school
board must consider the status of a person to student teach who
has been issued an indicated finding of abuse or neglect of a
child by the Department of Children and Family Services under
the Abused and Neglected Child Reporting Act or by a child
welfare agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
revised 12-3-19.)
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Firearms in schools.

SB3642 - 768 - LRB101 20589 WGH 70218 b
(a) All school officials, including teachers, guidance
counselors, and support staff, shall immediately notify the
office of the principal in the event that they observe any
person in possession of a firearm on school grounds; provided
that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety, or
welfare of students who are under the direct supervision of the
school official or the school official. If the health, safety,
or welfare of students under the direct supervision of the
school official or of the school official is immediately
endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision
and he or she are no longer under immediate danger. A report is
not required by this Section when the school official knows
that the person in possession of the firearm is a law
enforcement official engaged in the conduct of his or her
official duties. Any school official acting in good faith who
makes such a report under this Section shall have immunity from
any civil or criminal liability that might otherwise be
incurred as a result of making the report. The identity of the
school official making such report shall not be disclosed
except as expressly and specifically authorized by law.
Knowingly and willfully failing to comply with this Section is
a petty offense. A second or subsequent offense is a Class C
misdemeanor.
(b) Upon receiving a report from any school official

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pursuant to this Section, or from any other person, the
principal or his or her designee shall immediately notify a
local law enforcement agency. If the person found to be in
possession of a firearm on school grounds is a student, the
principal or his or her designee shall also immediately notify
that student's parent or guardian. Any principal or his or her
designee acting in good faith who makes such reports under this
Section shall have immunity from any civil or criminal
liability that might otherwise be incurred or imposed as a
result of making the reports. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or
subsequent offense is a Class C misdemeanor. If the person
found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor until
such time as the agency makes a determination pursuant to
clause (a) of subsection (1) of Section 5-401 of the Juvenile
Court Act of 1987, as to whether the agency reasonably believes
that the minor is delinquent. If the law enforcement agency
determines that probable cause exists to believe that the minor
committed a violation of item (4) of subsection (a) of Section
24-1 of the Criminal Code of 2012 while on school grounds, the
agency shall detain the minor for processing pursuant to
Section 5-407 of the Juvenile Court Act of 1987.
(c) On or after January 1, 1997, upon receipt of any
written, electronic, or verbal report from any school personnel
regarding a verified incident involving a firearm in a school

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or on school owned or leased property, including any conveyance
owned, leased, or used by the school for the transport of
students or school personnel, the superintendent or his or her
designee shall report all such firearm-related incidents
occurring in a school or on school property to the local law
enforcement authorities immediately and to the Illinois
Department of State Police in a form, manner, and frequency as
prescribed by the Illinois Department of State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Illinois
Department of State Police. The State Board of Education shall
compile this information by school district and make it
available to the public.
(d) As used in this Section, the term "firearm" shall have
the meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
As used in this Section, the term "school" means any public
or private elementary or secondary school.
As used in this Section, the term "school grounds" includes
the real property comprising any school, any conveyance owned,
leased, or contracted by a school to transport students to or
from school or a school-related activity, or any public way
within 1,000 feet of the real property comprising any school.
(Source: P.A. 97-1150, eff. 1-25-13.)

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(105 ILCS 5/10-27.1B)
Sec. 10-27.1B. Reporting drug-related incidents in
schools.
(a) In this Section:
"Drug" means "cannabis" as defined under subsection (a) of
Section 3 of the Cannabis Control Act, "narcotic drug" as
defined under subsection (aa) of Section 102 of the Illinois
Controlled Substances Act, or "methamphetamine" as defined
under Section 10 of the Methamphetamine Control and Community
Protection Act.
"School" means any public or private elementary or
secondary school.
(b) Upon receipt of any written, electronic, or verbal
report from any school personnel regarding a verified incident
involving drugs in a school or on school owned or leased
property, including any conveyance owned, leased, or used by
the school for the transport of students or school personnel,
the superintendent or his or her designee, or other appropriate
administrative officer for a private school, shall report all
such drug-related incidents occurring in a school or on school
property to the local law enforcement authorities immediately
and to the Illinois Department of State Police in a form,
manner, and frequency as prescribed by the Illinois Department
of State Police.
(c) The State Board of Education shall receive an annual
statistical compilation and related data associated with

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drug-related incidents in schools from the Illinois Department
of State Police. The State Board of Education shall compile
this information by school district and make it available to
the public.
(Source: P.A. 94-556, eff. 9-11-05.)
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local School Councils - Composition -
Voter-Eligibility - Elections - Terms.
(a) A local school council shall be established for each
attendance center within the school district. Each local school
council shall consist of the following 12 voting members: the
principal of the attendance center, 2 teachers employed and
assigned to perform the majority of their employment duties at
the attendance center, 6 parents of students currently enrolled
at the attendance center, one employee of the school district
employed and assigned to perform the majority of his or her
employment duties at the attendance center who is not a
teacher, and 2 community residents. Neither the parents nor the
community residents who serve as members of the local school
council shall be employees of the Board of Education. In each
secondary attendance center, the local school council shall
consist of 13 voting members -- the 12 voting members described
above and one full-time student member, appointed as provided
in subsection (m) below. In the event that the chief executive
officer of the Chicago School Reform Board of Trustees

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determines that a local school council is not carrying out its
financial duties effectively, the chief executive officer is
authorized to appoint a representative of the business
community with experience in finance and management to serve as
an advisor to the local school council for the purpose of
providing advice and assistance to the local school council on
fiscal matters. The advisor shall have access to relevant
financial records of the local school council. The advisor may
attend executive sessions. The chief executive officer shall
issue a written policy defining the circumstances under which a
local school council is not carrying out its financial duties
effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be a
parent member and a Secretary) of each local school council who
shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all the
powers and duties of local school councils as set forth in this
amendatory Act of 1991. The Mayor's appointments shall not
require approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance center
served by the local school council.
(c) Beginning with the 1995-1996 school year and in every
even-numbered year thereafter, the Board shall set second

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semester Parent Report Card Pick-up Day for Local School
Council elections and may schedule elections at year-round
schools for the same dates as the remainder of the school
system. Elections shall be conducted as provided herein by the
Board of Education in consultation with the local school
council at each attendance center.
(d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council
members at each attendance center:
(i) The elected members of each local school council
shall consist of the 6 parent members and the 2 community
resident members.
(ii) Each elected member shall be elected by the
eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c). Eligible voters
for each attendance center shall consist of the parents and
community residents for that attendance center.
(iii) Each eligible voter shall be entitled to cast one
vote for up to a total of 5 candidates, irrespective of
whether such candidates are parent or community resident
candidates.
(iv) Each parent voter shall be entitled to vote in the
local school council election at each attendance center in
which he or she has a child currently enrolled. Each
community resident voter shall be entitled to vote in the

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local school council election at each attendance center for
which he or she resides in the applicable attendance area
or voting district, as the case may be.
(v) Each eligible voter shall be entitled to vote once,
but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members and the non-teacher employee
member of each local school council shall be appointed as
provided in subsection (l) below each to serve for a
two-year term coinciding with that of the elected parent
and community resident members.
(vii) At secondary attendance centers, the voting
student member shall be appointed as provided in subsection
(m) below to serve for a one-year term coinciding with the
beginning of the terms of the elected parent and community
members of the local school council.
(e) The Council shall publicize the date and place of the
election by posting notices at the attendance center, in public
places within the attendance boundaries of the attendance
center and by distributing notices to the pupils at the
attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters.
(f) Nomination. The Council shall publicize the opening of
nominations by posting notices at the attendance center, in

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public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at
the attendance center, and shall utilize such other means as it
deems necessary to maximize the involvement of all eligible
voters. Not less than 2 weeks before the election date, persons
eligible to run for the Council shall submit their name, date
of birth, social security number, if available, and some
evidence of eligibility to the Council. The Council shall
encourage nomination of candidates reflecting the
racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall
disclose, in a manner determined by the Board, any economic
interest held by such person, by such person's spouse or
children, or by each business entity in which such person has
an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district. Each person nominated who runs as a candidate shall
also disclose, in a manner determined by the Board, if he or
she ever has been convicted of any of the offenses specified in
subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be
deemed to require the disclosure of any information that is
contained in any law enforcement record or juvenile court
record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile Court Act of 1987. Failure to make such

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disclosure shall render a person ineligible for election or to
serve on the local school council. The same disclosure shall be
required of persons under consideration for appointment to the
Council pursuant to subsections (l) and (m) of this Section.
(f-5) Notwithstanding disclosure, a person who has been
convicted of any of the following offenses at any time shall be
ineligible for election or appointment to a local school
council and ineligible for appointment to a local school
council pursuant to subsections (l) and (m) of this Section:
(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
Section 11-14.3, of the Criminal Code of 1961 or the Criminal
Code of 2012, or (ii) any offense committed or attempted in any
other state or against the laws of the United States, which, if
committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses.
Notwithstanding disclosure, a person who has been convicted of
any of the following offenses within the 10 years previous to
the date of nomination or appointment shall be ineligible for
election or appointment to a local school council: (i) those
defined in Section 401.1, 405.1, or 405.2 of the Illinois
Controlled Substances Act or (ii) any offense committed or
attempted in any other state or against the laws of the United
States, which, if committed or attempted in this State, would

SB3642 - 778 - LRB101 20589 WGH 70218 b
have been punishable as one or more of the foregoing offenses.
Immediately upon election or appointment, incoming local
school council members shall be required to undergo a criminal
background investigation, to be completed prior to the member
taking office, in order to identify any criminal convictions
under the offenses enumerated in Section 34-18.5. The
investigation shall be conducted by the Illinois Department of
State Police in the same manner as provided for in Section
34-18.5. However, notwithstanding Section 34-18.5, the social
security number shall be provided only if available. If it is
determined at any time that a local school council member or
member-elect has been convicted of any of the offenses
enumerated in this Section or failed to disclose a conviction
of any of the offenses enumerated in Section 34-18.5, the
general superintendent shall notify the local school council
member or member-elect of such determination and the local
school council member or member-elect shall be removed from the
local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the Council
shall publicize, in the manner provided in subsection (e), the
names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall
be declared elected by the Council. In cases of a tie, the

SB3642 - 779 - LRB101 20589 WGH 70218 b
Council shall determine the winner by lot.
(j) The Council shall certify the results of the election
and shall publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any disputes
concerning election procedure or results and shall ensure that,
except as provided in subsections (e) and (g), no resources of
any attendance center shall be used to endorse or promote any
candidate.
(l) Beginning with the 1995-1996 school year and in every
even numbered year thereafter, the Board shall appoint 2
teacher members to each local school council. These
appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are employed
and assigned to perform the majority of their employment
duties at the attendance center to serve on the local
school council of the attendance center for a two-year term
coinciding with the terms of the elected parent and
community members of that local school council. These
appointments shall be made from among those teachers who
are nominated in accordance with subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the procedures
used to elect parent and community Council
representatives. At such poll, each member of the school

SB3642 - 780 - LRB101 20589 WGH 70218 b
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members to
local school councils, irrespective of the preferences
expressed in any such poll.
(iii) In the event that a teacher representative is
unable to perform his or her employment duties at the
school due to illness, disability, leave of absence,
disciplinary action, or any other reason, the Board shall
declare a temporary vacancy and appoint a replacement
teacher representative to serve on the local school council
until such time as the teacher member originally appointed
pursuant to this subsection (l) resumes service at the
attendance center or for the remainder of the term. The
replacement teacher representative shall be appointed in
the same manner and by the same procedures as teacher
representatives are appointed in subdivisions (i) and (ii)
of this subsection (l).
(m) Beginning with the 1995-1996 school year, and in every
year thereafter, the Board shall appoint one student member to
each secondary attendance center. These appointments shall be
made in the following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the

SB3642 - 781 - LRB101 20589 WGH 70218 b
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth week
of school and continuing for 2 weeks thereafter. The form
and manner of such candidacy statements shall be determined
by the Board.
(ii) During the twenty-second week of school in every
year, the principal of each attendance center shall conduct
a non-binding, advisory poll to ascertain the preferences
of the school students regarding the appointment of a
student to the local school council for that attendance
center. At such poll, each student shall be entitled to
indicate his or her preference for up to one candidate from
among those who submitted statements of candidacy as
described above. The Board shall promulgate rules to ensure
that these non-binding, advisory polls are conducted in a
fair and equitable manner and maximize the involvement of
all school students. The preferences expressed in these
non-binding, advisory polls shall be transmitted by the
principal to the Board. However, these preferences shall be
advisory only and the Board shall maintain absolute
discretion to appoint student members to local school
councils, irrespective of the preferences expressed in any
such poll.
(iii) For the 1995-96 school year only, appointments
shall be made from among those students who submitted
statements of candidacy to the principal of the attendance

SB3642 - 782 - LRB101 20589 WGH 70218 b
center during the first 2 weeks of the school year. The
principal shall communicate the results of any nonbinding,
advisory poll to the Board. These results shall be advisory
only, and the Board shall maintain absolute discretion to
appoint student members to local school councils,
irrespective of the preferences expressed in any such poll.
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed necessary
to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council, to fill the unexpired term created by the vacancy,
except that any teacher vacancy shall be filled by the Board
after considering the preferences of the school staff as
ascertained through a non-binding advisory poll of school
staff.
(p) If less than the specified number of persons is elected
within each candidate category, the newly elected local school
council shall appoint eligible persons to serve as members of
the Council for two-year terms.
(q) The Board shall promulgate rules regarding conflicts of
interest and disclosure of economic interests which shall apply
to local school council members and which shall require reports
or statements to be filed by Council members at regular
intervals with the Secretary of the Board. Failure to comply
with such rules or intentionally falsifying such reports shall

SB3642 - 783 - LRB101 20589 WGH 70218 b
be grounds for disqualification from local school council
membership. A vacancy on the Council for disqualification may
be so declared by the Secretary of the Board. Rules regarding
conflicts of interest and disclosure of economic interests
promulgated by the Board shall apply to local school council
members. No less than 45 days prior to the deadline, the
general superintendent shall provide notice, by mail, to each
local school council member of all requirements and forms for
compliance with economic interest statements.
(r) (1) If a parent member of a local school council ceases
to have any child enrolled in the attendance center governed by
the Local School Council due to the graduation or voluntary
transfer of a child or children from the attendance center, the
parent's membership on the Local School Council and all voting
rights are terminated immediately as of the date of the child's
graduation or voluntary transfer. If the child of a parent
member of a local school council dies during the member's term
in office, the member may continue to serve on the local school
council for the balance of his or her term. Further, a local
school council member may be removed from the Council by a
majority vote of the Council as provided in subsection (c) of
Section 34-2.2 if the Council member has missed 3 consecutive
regular meetings, not including committee meetings, or 5
regular meetings in a 12 month period, not including committee
meetings. If a parent member of a local school council ceases
to be eligible to serve on the Council for any other reason, he

SB3642 - 784 - LRB101 20589 WGH 70218 b
or she shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal. A vote to
remove a Council member by the local school council shall only
be valid if the Council member has been notified personally or
by certified mail, mailed to the person's last known address,
of the Council's intent to vote on the Council member's removal
at least 7 days prior to the vote. The Council member in
question shall have the right to explain his or her actions and
shall be eligible to vote on the question of his or her removal
from the Council. The provisions of this subsection shall be
contained within the petitions used to nominate Council
candidates.
(2) A person may continue to serve as a community resident
member of a local school council as long as he or she resides
in the attendance area served by the school and is not employed
by the Board nor is a parent of a student enrolled at the
school. If a community resident member ceases to be eligible to
serve on the Council, he or she shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior to
removal.
(3) A person may continue to serve as a teacher member of a
local school council as long as he or she is employed and
assigned to perform a majority of his or her duties at the
school, provided that if the teacher representative resigns
from employment with the Board or voluntarily transfers to
another school, the teacher's membership on the local school

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council and all voting rights are terminated immediately as of
the date of the teacher's resignation or upon the date of the
teacher's voluntary transfer to another school. If a teacher
member of a local school council ceases to be eligible to serve
on a local school council for any other reason, that member
shall be removed by the Board subject to a hearing, convened
pursuant to Board rule, prior to removal.
(s) As used in this Section only, "community resident"
means a person, 17 years of age or older, residing within an
attendance area served by a school, excluding any person who is
a parent of a student enrolled in that school; provided that
with respect to any multi-area school, community resident means
any person, 17 years of age or older, residing within the
voting district established for that school pursuant to Section
34-2.1c, excluding any person who is a parent of a student
enrolled in that school. This definition does not apply to any
provisions concerning school boards.
(Source: P.A. 99-597, eff. 1-1-17.)
(105 ILCS 5/34-8.05)
Sec. 34-8.05. Reporting firearms in schools. On or after
January 1, 1997, upon receipt of any written, electronic, or
verbal report from any school personnel regarding a verified
incident involving a firearm in a school or on school owned or
leased property, including any conveyance owned, leased, or
used by the school for the transport of students or school

SB3642 - 786 - LRB101 20589 WGH 70218 b
personnel, the general superintendent or his or her designee
shall report all such firearm-related incidents occurring in a
school or on school property to the local law enforcement
authorities no later than 24 hours after the occurrence of the
incident and to the Illinois Department of State Police in a
form, manner, and frequency as prescribed by the Illinois
Department of State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Illinois
Department of State Police. As used in this Section, the term
"firearm" shall have the meaning ascribed to it in Section 1.1
of the Firearm Owners Identification Card Act.
(Source: P.A. 89-498, eff. 6-27-96.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer and
Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with the school district are required as a condition of
employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any disqualifying, enumerated criminal or drug
offense offenses in subsection (c) of this Section or have been
convicted, within 7 years of the application for employment

SB3642 - 787 - LRB101 20589 WGH 70218 b
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the applicant
to the school district, except that if the applicant is a
substitute teacher seeking employment in more than one school
district, or a teacher seeking concurrent part-time employment
positions with more than one school district (as a reading
specialist, special education teacher or otherwise), or an
educational support personnel employee seeking employment
positions with more than one district, any such district may
require the applicant to furnish authorization for the check to
the regional superintendent of the educational service region
in which are located the school districts in which the
applicant is seeking employment as a substitute or concurrent
part-time teacher or concurrent educational support personnel
employee. Upon receipt of this authorization, the school
district or the appropriate regional superintendent, as the
case may be, shall submit the applicant's name, sex, race, date
of birth, social security number, fingerprint images, and other
identifiers, as prescribed by the Illinois Department of State
Police, to the Illinois Department. The regional
superintendent submitting the requisite information to the
Illinois Department of State Police shall promptly notify the

SB3642 - 788 - LRB101 20589 WGH 70218 b
school districts in which the applicant is seeking employment
as a substitute or concurrent part-time teacher or concurrent
educational support personnel employee that the check of the
applicant has been requested. The Illinois Department of State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Department shall
charge the school district or the appropriate regional
superintendent a fee for conducting such check, which fee shall
be deposited in the State Police Services Fund and shall not
exceed the cost of the inquiry; and the applicant shall not be
charged a fee for such check by the school district or by the
regional superintendent. Subject to appropriations for these
purposes, the State Superintendent of Education shall
reimburse the school district and regional superintendent for
fees paid to obtain criminal history records checks under this
Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender Database,
as authorized by the Sex Offender Community Notification Law,
for each applicant. The check of the Statewide Sex Offender
Database must be conducted by the school district or regional
superintendent once for every 5 years that an applicant remains

SB3642 - 789 - LRB101 20589 WGH 70218 b
employed by the school district.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the school
district or regional superintendent once for every 5 years that
an applicant remains employed by the school district.
(b) Any information concerning the record of convictions
obtained by the president of the board of education or the
regional superintendent shall be confidential and may only be
transmitted to the general superintendent of the school
district or his designee, the appropriate regional
superintendent if the check was requested by the board of
education for the school district, the presidents of the
appropriate board of education or school boards if the check
was requested from the Illinois Department of State Police by
the regional superintendent, the State Board of Education and
the school district as authorized under subsection (b-5), the
State Superintendent of Education, the State Educator
Preparation and Licensure Board or any other person necessary
to the decision of hiring the applicant for employment. A copy
of the record of convictions obtained from the Illinois
Department of State Police shall be provided to the applicant
for employment. Upon the check of the Statewide Sex Offender

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Database or Statewide Murderer and Violent Offender Against
Youth Database, the school district or regional superintendent
shall notify an applicant as to whether or not the applicant
has been identified in the Database. If a check of an applicant
for employment as a substitute or concurrent part-time teacher
or concurrent educational support personnel employee in more
than one school district was requested by the regional
superintendent, and the Illinois Department of State Police
upon a check ascertains that the applicant has not been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has not been convicted,
within 7 years of the application for employment with the
school district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and so
notifies the regional superintendent and if the regional
superintendent upon a check ascertains that the applicant has
not been identified in the Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, then the
regional superintendent shall issue to the applicant a
certificate evidencing that as of the date specified by the
Illinois Department of State Police the applicant has not been
convicted of any of the enumerated criminal or drug offenses in
subsection (c) of this Section or has not been convicted,

SB3642 - 791 - LRB101 20589 WGH 70218 b
within 7 years of the application for employment with the
school district, of any other felony under the laws of this
State or of any offense committed or attempted in any other
state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional superintendent
conducted a check of the Statewide Sex Offender Database or
Statewide Murderer and Violent Offender Against Youth
Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois Department of State Police and
its own check of the Statewide Sex Offender Database or
Statewide Murderer and Violent Offender Against Youth Database
as provided in this Section. Any unauthorized release of
confidential information may be a violation of Section 7 of the
Criminal Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with the school district, the regional

SB3642 - 792 - LRB101 20589 WGH 70218 b
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
(c) The board of education shall not knowingly employ a
person who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
Section 21B-80 of this Code, except as provided under
subsection (b) of 21B-80. Further, the board of education shall
not knowingly employ a person who has been found to be the
perpetrator of sexual or physical abuse of any minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987. As a condition of employment, the
board of education must consider the status of a person who has
been issued an indicated finding of abuse or neglect of a child
by the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act or by a child welfare
agency of another jurisdiction.
(d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check have has not been
initiated.
(e) No later than 15 business days after receipt of a

SB3642 - 793 - LRB101 20589 WGH 70218 b
record of conviction or of checking the Statewide Murderer and
Violent Offender Against Youth Database or the Statewide Sex
Offender Database and finding a registration, the general
superintendent of schools or the applicable regional
superintendent shall, in writing, notify the State
Superintendent of Education of any license holder who has been
convicted of a crime set forth in Section 21B-80 of this Code.
Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any license issued pursuant to
Article 21B or Section 34-8.1 or 34-83 of this the School Code,
the State Superintendent of Education may initiate licensure
suspension and revocation proceedings as authorized by law. If
the receipt of the record of conviction or finding of child
abuse is received within 6 months after the initial grant of or
renewal of a license, the State Superintendent of Education may
rescind the license holder's license.
(e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
license holder whom he or she has reasonable cause to believe
has committed an intentional act of abuse or neglect with the
result of making a child an abused child or a neglected child,
as defined in Section 3 of the Abused and Neglected Child
Reporting Act, and that act resulted in the license holder's
dismissal or resignation from the school district. This
notification must be submitted within 30 days after the
dismissal or resignation. The license holder must also be

SB3642 - 794 - LRB101 20589 WGH 70218 b
contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the State Superintendent of
Education, the State Board of Education, or the State Educator
Preparation and Licensure Board under this subsection (e-5) is
confidential and must not be disclosed to third parties, except
(i) as necessary for the State Superintendent of Education or
his or her designee to investigate and prosecute pursuant to
Article 21B of this Code, (ii) pursuant to a court order, (iii)
for disclosure to the license holder or his or her
representative, or (iv) as otherwise provided in this Article
and provided that any such information admitted into evidence
in a hearing is exempt from this confidentiality and
non-disclosure requirement. Except for an act of willful or
wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After March 19, 1990, the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide Sex
Offender Database on employees of persons or firms holding

SB3642 - 795 - LRB101 20589 WGH 70218 b
contracts with more than one school district and assigned to
more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois Department of State
Police and for conducting a check of the Statewide Sex Offender
Database for each employee. Any information concerning the
record of conviction and identification as a sex offender of
any such employee obtained by the regional superintendent shall
be promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by the school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district. Upon receipt of this
authorization and payment, the school district shall submit the
student teacher's name, sex, race, date of birth, social

SB3642 - 796 - LRB101 20589 WGH 70218 b
security number, fingerprint images, and other identifiers, as
prescribed by the Illinois Department of State Police, to the
Illinois Department of State Police. The Illinois Department of
State Police and the Federal Bureau of Investigation shall
furnish, pursuant to a fingerprint-based criminal history
records check, records of convictions, forever and
hereinafter, until expunged, to the president of the board. The
Department shall charge the school district a fee for
conducting the check, which fee must not exceed the cost of the
inquiry and must be deposited into the State Police Services
Fund. The school district shall further perform a check of the
Statewide Sex Offender Database, as authorized by the Sex
Offender Community Notification Law, and of the Statewide
Murderer and Violent Offender Against Youth Database, as
authorized by the Murderer and Violent Offender Against Youth
Registration Act, for each student teacher. The board may not
knowingly allow a person to student teach for whom a criminal
history records check, a Statewide Sex Offender Database check,
and a Statewide Murderer and Violent Offender Against Youth
Database check have not been completed and reviewed by the
district.
A copy of the record of convictions obtained from the
Illinois Department of State Police must be provided to the
student teacher. Any information concerning the record of
convictions obtained by the president of the board is
confidential and may only be transmitted to the general

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superintendent of schools or his or her designee, the State
Superintendent of Education, the State Educator Preparation
and Licensure Board, or, for clarification purposes, the
Illinois Department of State Police or the Statewide Sex
Offender Database or Statewide Murderer and Violent Offender
Against Youth Database. Any unauthorized release of
confidential information may be a violation of Section 7 of the
Criminal Identification Act.
The board may not knowingly allow a person to student teach
who has been convicted of any offense that would subject him or
her to license suspension or revocation pursuant to subsection
(c) of Section 21B-80 of this Code, except as provided under
subsection (b) of Section 21B-80. Further, the board may not
allow a person to student teach if he or she has been found to
be the perpetrator of sexual or physical abuse of a minor under
18 years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987. The board must consider the status
of a person to student teach who has been issued an indicated
finding of abuse or neglect of a child by the Department of
Children and Family Services under the Abused and Neglected
Child Reporting Act or by a child welfare agency of another
jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
revised 9-19-19.)

SB3642 - 798 - LRB101 20589 WGH 70218 b
Section 515. The Medical School Matriculant Criminal
History Records Check Act is amended by changing Sections 10,
15, and 25 as follows:
(110 ILCS 57/10)
Sec. 10. Criminal history records check for matriculants.
(a) A public medical school located in Illinois must
conduct an inquiry into the Illinois Department of State
Police's Statewide Sex Offender Database for each matriculant
and must require that each matriculant submit to a
fingerprint-based criminal history records check for violent
felony convictions, conducted by the Illinois Department of
State Police and the Federal Bureau of Investigation, as part
of the medical school admissions process. The medical school
shall forward the name, sex, race, date of birth, social
security number, and fingerprints of each of its matriculants
to the Illinois Department of State Police to be searched
against the fingerprint records now and hereafter filed in the
Illinois Department of State Police and Federal Bureau of
Investigation criminal history records databases. The
fingerprints of each matriculant must be submitted in the form
and manner prescribed by the Illinois Department of State
Police. The Illinois Department of State Police shall furnish,
pursuant to positive identification, records of a
matriculant's violent felony convictions to the medical school
that requested the criminal history records check. Compliance

SB3642 - 799 - LRB101 20589 WGH 70218 b
with the criminal history record checks required by this
subsection (a) may also be accomplished through the use of a
private entity that checks criminal history records for violent
felony convictions.
(b) A private medical school located in Illinois must
conduct an inquiry into the Illinois Department of State
Police's Statewide Sex Offender Database for each matriculant
and must require that each matriculant submit to an Illinois
Uniform Conviction Information Act fingerprint-based, criminal
history records check for violent felony convictions,
conducted by the Illinois Department of State Police, as part
of the medical school admissions process. The medical school
shall forward the name, sex, race, date of birth, social
security number, and fingerprints of each of its matriculants
to the Illinois Department of State Police to be searched
against the fingerprint records now and hereafter filed in the
Illinois Department of State Police criminal history records
database. The fingerprints of each matriculant must be
submitted in the form and manner prescribed by the Illinois
Department of State Police. The Illinois Department of State
Police shall furnish, pursuant to positive identification,
records of a matriculant's violent felony convictions to the
medical school that requested the criminal history records
check. Compliance with the criminal history record checks
required by this subsection (b) may also be accomplished
through the use of a private entity that checks criminal

SB3642 - 800 - LRB101 20589 WGH 70218 b
history records for violent felony convictions.
(Source: P.A. 96-1044, eff. 7-14-10.)
(110 ILCS 57/15)
Sec. 15. Fees. The Illinois Department of State Police
shall charge each requesting medical school a fee for
conducting the criminal history records check under Section 10
of this Act, which shall be deposited in the State Police
Services Fund and shall not exceed the cost of the inquiry.
Each requesting medical school is solely responsible for
payment of this fee to the Illinois Department of State Police.
Each requesting medical school is solely responsible for
payment of any fees associated with the use of a private entity
that checks criminal history records for violent felony
convictions. Each medical school may impose its own fee upon a
matriculant to cover the cost of the criminal history records
check at the time the matriculant submits to the criminal
history records check.
(Source: P.A. 96-1044, eff. 7-14-10.)
(110 ILCS 57/25)
Sec. 25. Civil immunity. Except for willful wilful or
wanton misconduct, no medical school acting under the
provisions of this Act shall be civilly liable to any
matriculant for reporting any required information to the
Illinois Department of State Police or for any decision made

SB3642 - 801 - LRB101 20589 WGH 70218 b
pursuant to Section 20 of this Act.
(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
Section 525. The Transmitters of Money Act is amended by
changing Section 25 as follows:
(205 ILCS 657/25)
Sec. 25. Application for license.
(a) An application for a license must be in writing, under
oath, and in the form the Director prescribes. The application
must contain or be accompanied by all of the following:
(1) The name of the applicant and the address of the
principal place of business of the applicant and the
address of all locations and proposed locations of the
applicant in this State.
(2) The form of business organization of the applicant,
including:
(A) a copy of its articles of incorporation and
amendments thereto and a copy of its bylaws, certified
by its secretary, if the applicant is a corporation;
(B) a copy of its partnership agreement, certified
by a partner, if the applicant is a partnership; or
(C) a copy of the documents that control its
organizational structure, certified by a managing
official, if the applicant is organized in some other
form.

SB3642 - 802 - LRB101 20589 WGH 70218 b
(3) The name, business and home address, and a
chronological summary of the business experience, material
litigation history, and felony convictions over the
preceding 10 years of:
(A) the proprietor, if the applicant is an
individual;
(B) every partner, if the applicant is a
partnership;
(C) each officer, director, and controlling
person, if the applicant is a corporation; and
(D) each person in a position to exercise control
over, or direction of, the business of the applicant,
regardless of the form of organization of the
applicant.
(4) Financial statements, not more than one year old,
prepared in accordance with generally accepted accounting
principles and audited by a licensed public accountant or
certified public accountant showing the financial
condition of the applicant and an unaudited balance sheet
and statement of operation as of the most recent quarterly
report before the date of the application, certified by the
applicant or an officer or partner thereof. If the
applicant is a wholly owned subsidiary or is eligible to
file consolidated federal income tax returns with its
parent, however, unaudited financial statements for the
preceding year along with the unaudited financial

SB3642 - 803 - LRB101 20589 WGH 70218 b
statements for the most recent quarter may be submitted if
accompanied by the audited financial statements of the
parent company for the preceding year along with the
unaudited financial statement for the most recent quarter.
(5) Filings of the applicant with the Securities and
Exchange Commission or similar foreign governmental entity
(English translation), if any.
(6) A list of all other states in which the applicant
is licensed as a money transmitter and whether the license
of the applicant for those purposes has ever been
withdrawn, refused, canceled, or suspended in any other
state, with full details.
(7) A list of all money transmitter locations and
proposed locations in this State.
(8) A sample of the contract for authorized sellers.
(9) A sample form of the proposed payment instruments
to be used in this State.
(10) The name and business address of the clearing
banks through which the applicant intends to conduct any
business regulated under this Act.
(11) A surety bond as required by Section 30 of this
Act.
(12) The applicable fees as required by Section 45 of
this Act.
(13) A written consent to service of process as
provided by Section 100 of this Act.

SB3642 - 804 - LRB101 20589 WGH 70218 b
(14) A written statement that the applicant is in full
compliance with and agrees to continue to fully comply with
all state and federal statutes and regulations relating to
money laundering.
(15) All additional information the Director considers
necessary in order to determine whether or not to issue the
applicant a license under this Act.
(a-5) The proprietor, partner, officer, director, and
controlling person of the applicant shall submit their
fingerprints to the Illinois Department of State Police in an
electronic format that complies with the form and manner for
requesting and furnishing criminal history record information
as prescribed by the Illinois Department of State Police. These
fingerprints shall be retained and checked against the Illinois
Department of State Police and Federal Bureau of Investigation
criminal history record databases now and hereafter filed,
including latent fingerprint searches. The Illinois Department
of State Police shall charge applicants a fee for conducting
the criminal history records check, which shall be deposited
into the State Police Services Fund and shall not exceed the
actual cost of the records check. The Illinois Department of
State Police shall furnish records of Illinois convictions to
the Department pursuant to positive identification and shall
forward the national criminal history record information to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a

SB3642 - 805 - LRB101 20589 WGH 70218 b
Department-designated or Department-approved vendor. The
Department, in its discretion, may allow a proprietor, partner,
officer, director, or controlling person of an applicant who
does not have reasonable access to a designated vendor to
provide his or her fingerprints in an alternative manner. The
Department, in its discretion, may also use other procedures in
performing or obtaining criminal background checks of
applicants. Instead of submitting his or her fingerprints, an
individual may submit proof that is satisfactory to the
Department that an equivalent security clearance has been
conducted. The Department may adopt any rules necessary to
implement this subsection.
(b) The Director may, for good cause shown, waive, in part,
any of the requirements of this Section.
(Source: P.A. 100-979, eff. 8-19-18.)
Section 530. The Currency Reporting Act is amended by
changing Sections 2, 3, and 4 as follows:
(205 ILCS 685/2) (from Ch. 17, par. 7352)
Sec. 2. It is the purpose of this Act to require the
keeping and submission to the Director of the Illinois State
Police of certain reports and records of transactions involving
United States currency when such reports and records have a
high degree of usefulness in criminal, tax or regulatory
investigations or proceedings.

SB3642 - 806 - LRB101 20589 WGH 70218 b
(Source: P.A. 87-619.)
(205 ILCS 685/3) (from Ch. 17, par. 7353)
Sec. 3. As used in this Act, the term:
(a) "Currency" means currency and coin of the United
States;
(b) (Blank); "Department" means the Department of State
Police;
(c) "Director" means Director of the Illinois State Police;
(d) "Financial Institution" means any:
(1) National or state bank or banking association;
(2) Agency or branch of a foreign bank, or
international bank;
(3) Industrial savings bank;
(4) Trust company;
(5) Federal or state savings and loan association;
(6) Federal or state credit union;
(7) Community or ambulatory currency exchange;
(8) Issuer, redeemer, or cashier of travelers' checks,
money orders, or similar instruments;
(9) Operator of a credit card system;
(10) Insurance company;
(11) Dealer in precious metals, stones, and jewels;
(12) Loan or finance company;
(13) Pawnbroker;
(14) Travel agency;

SB3642 - 807 - LRB101 20589 WGH 70218 b
(15) Licensed sender of money;
(16) Telegraph company;
(17) Business engaged in vehicle or vessel sales,
including automobile, airplane and boat sales;
(18) Person involved in real estate closings,
settlements, sales, or auctions.
However, "Financial Institution" does not include an office,
department, agency or other entity of State government.
(Source: P.A. 87-619.)
(205 ILCS 685/4) (from Ch. 17, par. 7354)
Sec. 4. (a) Every financial institution shall keep a record
of every currency transaction involving more than $10,000 and
shall file a report with the Illinois State Police Department
at such time and containing such information as the Director by
rule or regulation requires. Unless otherwise provided by rule,
a financial institution may exempt from the reporting
requirements of this Section deposits, withdrawals, exchanges,
or payments exempted from the reporting requirements of Title
31 U.S.C. 5313. Each financial institution shall maintain a
record of each exemption granted, including the name, address,
type of business, taxpayer identification number, and account
number of the customer granted the exemption; the type of
transactions exempted; and the dollar limit of each exempt
transaction. Such record of exemptions shall be made available
to the Illinois State Police Department for inspection and

SB3642 - 808 - LRB101 20589 WGH 70218 b
copying.
(b) A financial institution in compliance with the
provisions of the Currency and Foreign Transactions Reporting
Act (31 U.S.C. 5311, et seq.) and Federal regulations
prescribed thereunder shall be deemed to be in compliance with
the provisions of this Section and rules or regulations
prescribed thereunder by the Director.
(Source: P.A. 87-619.)
Section 535. The Abused and Neglected Long Term Care
Facility Residents Reporting Act is amended by changing
Sections 6 and 10 as follows:
(210 ILCS 30/6) (from Ch. 111 1/2, par. 4166)
Sec. 6. All reports of suspected abuse or neglect made
under this Act shall be made immediately by telephone to the
Department's central register established under Section 14 on
the single, State-wide, toll-free telephone number established
under Section 13, or in person or by telephone through the
nearest Department office. No long term care facility
administrator, agent or employee, or any other person, shall
screen reports or otherwise withhold any reports from the
Department, and no long term care facility, department of State
government, or other agency shall establish any rules,
criteria, standards or guidelines to the contrary. Every long
term care facility, department of State government and other

SB3642 - 809 - LRB101 20589 WGH 70218 b
agency whose employees are required to make or cause to be made
reports under Section 4 shall notify its employees of the
provisions of that Section and of this Section, and provide to
the Department documentation that such notification has been
given. The Department of Human Services shall train all of its
mental health and developmental disabilities employees in the
detection and reporting of suspected abuse and neglect of
residents. Reports made to the central register through the
State-wide, toll-free telephone number shall be transmitted to
appropriate Department offices and municipal health
departments that have responsibility for licensing long term
care facilities under the Nursing Home Care Act, the
Specialized Mental Health Rehabilitation Act of 2013, the ID/DD
Community Care Act, or the MC/DD Act. All reports received
through offices of the Department shall be forwarded to the
central register, in a manner and form described by the
Department. The Department shall be capable of receiving
reports of suspected abuse and neglect 24 hours a day, 7 days a
week. Reports shall also be made in writing deposited in the
U.S. mail, postage prepaid, within 24 hours after having
reasonable cause to believe that the condition of the resident
resulted from abuse or neglect. Such reports may in addition be
made to the local law enforcement agency in the same manner.
However, in the event a report is made to the local law
enforcement agency, the reporter also shall immediately so
inform the Department. The Department shall initiate an

SB3642 - 810 - LRB101 20589 WGH 70218 b
investigation of each report of resident abuse and neglect
under this Act, whether oral or written, as provided for in
Section 3-702 of the Nursing Home Care Act, Section 2-208 of
the Specialized Mental Health Rehabilitation Act of 2013,
Section 3-702 of the ID/DD Community Care Act, or Section 3-702
of the MC/DD Act, except that reports of abuse which indicate
that a resident's life or safety is in imminent danger shall be
investigated within 24 hours of such report. The Department may
delegate to law enforcement officials or other public agencies
the duty to perform such investigation.
With respect to investigations of reports of suspected
abuse or neglect of residents of mental health and
developmental disabilities institutions under the jurisdiction
of the Department of Human Services, the Department shall
transmit copies of such reports to the Illinois Department of
State Police, the Department of Human Services, and the
Inspector General appointed under Section 1-17 of the
Department of Human Services Act. If the Department receives a
report of suspected abuse or neglect of a recipient of services
as defined in Section 1-123 of the Mental Health and
Developmental Disabilities Code, the Department shall transmit
copies of such report to the Inspector General and the
Directors of the Guardianship and Advocacy Commission and the
agency designated by the Governor pursuant to the Protection
and Advocacy for Persons with Developmental Disabilities Act.
When requested by the Director of the Guardianship and Advocacy

SB3642 - 811 - LRB101 20589 WGH 70218 b
Commission, the agency designated by the Governor pursuant to
the Protection and Advocacy for Persons with Developmental
Disabilities Act, or the Department of Financial and
Professional Regulation, the Department, the Department of
Human Services and the Illinois Department of State Police
shall make available a copy of the final investigative report
regarding investigations conducted by their respective
agencies on incidents of suspected abuse or neglect of
residents of mental health and developmental disabilities
institutions or individuals receiving services at community
agencies under the jurisdiction of the Department of Human
Services. Such final investigative report shall not contain
witness statements, investigation notes, draft summaries,
results of lie detector tests, investigative files or other raw
data which was used to compile the final investigative report.
Specifically, the final investigative report of the Illinois
Department of State Police shall mean the Director's final
transmittal letter. The Department of Human Services shall also
make available a copy of the results of disciplinary
proceedings of employees involved in incidents of abuse or
neglect to the Directors. All identifiable information in
reports provided shall not be further disclosed except as
provided by the Mental Health and Developmental Disabilities
Confidentiality Act. Nothing in this Section is intended to
limit or construe the power or authority granted to the agency
designated by the Governor pursuant to the Protection and

SB3642 - 812 - LRB101 20589 WGH 70218 b
Advocacy for Persons with Developmental Disabilities Act,
pursuant to any other State or federal statute.
With respect to investigations of reported resident abuse
or neglect, the Department shall effect with appropriate law
enforcement agencies formal agreements concerning methods and
procedures for the conduct of investigations into the criminal
histories of any administrator, staff assistant or employee of
the nursing home or other person responsible for the residents
care, as well as for other residents in the nursing home who
may be in a position to abuse, neglect or exploit the patient.
Pursuant to the formal agreements entered into with appropriate
law enforcement agencies, the Department may request
information with respect to whether the person or persons set
forth in this paragraph have ever been charged with a crime and
if so, the disposition of those charges. Unless the criminal
histories of the subjects involved crimes of violence or
resident abuse or neglect, the Department shall be entitled
only to information limited in scope to charges and their
dispositions. In cases where prior crimes of violence or
resident abuse or neglect are involved, a more detailed report
can be made available to authorized representatives of the
Department, pursuant to the agreements entered into with
appropriate law enforcement agencies. Any criminal charges and
their disposition information obtained by the Department shall
be confidential and may not be transmitted outside the
Department, except as required herein, to authorized

SB3642 - 813 - LRB101 20589 WGH 70218 b
representatives or delegates of the Department, and may not be
transmitted to anyone within the Department who is not duly
authorized to handle resident abuse or neglect investigations.
The Department shall effect formal agreements with
appropriate law enforcement agencies in the various counties
and communities to encourage cooperation and coordination in
the handling of resident abuse or neglect cases pursuant to
this Act. The Department shall adopt and implement methods and
procedures to promote statewide uniformity in the handling of
reports of abuse and neglect under this Act, and those methods
and procedures shall be adhered to by personnel of the
Department involved in such investigations and reporting. The
Department shall also make information required by this Act
available to authorized personnel within the Department, as
well as its authorized representatives.
The Department shall keep a continuing record of all
reports made pursuant to this Act, including indications of the
final determination of any investigation and the final
disposition of all reports.
The Department shall report annually to the General
Assembly on the incidence of abuse and neglect of long term
care facility residents, with special attention to residents
who are persons with mental disabilities. The report shall
include but not be limited to data on the number and source of
reports of suspected abuse or neglect filed under this Act, the
nature of any injuries to residents, the final determination of

SB3642 - 814 - LRB101 20589 WGH 70218 b
investigations, the type and number of cases where abuse or
neglect is determined to exist, and the final disposition of
cases.
(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
99-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
(210 ILCS 30/10) (from Ch. 111 1/2, par. 4170)
Sec. 10. If, during the investigation of a report made
pursuant to this Act, the Department obtains information
indicating possible criminal acts, the Department shall refer
the matter to the appropriate law enforcement agency or
agencies for further investigation or prosecution. The
Department shall make the entire file of its investigation
available to the appropriate law enforcement agencies.
With respect to reports of suspected abuse or neglect of
residents of facilities operated by the Department of Human
Services (as successor to the Department of Rehabilitation
Services) or recipients of services through any home,
institution, program or other entity licensed in whole or in
part by the Department of Human Services (as successor to the
Department of Rehabilitation Services), the Department shall
refer reports to the Illinois Department of State Police or the
appropriate law enforcement entity upon awareness that a
possible criminal act has occurred.
(Source: P.A. 94-428, eff. 8-2-05.)

SB3642 - 815 - LRB101 20589 WGH 70218 b
Section 540. The Nursing Home Care Act is amended by
changing Sections 1-114.01, 2-201.5, 2-201.6, and 2-201.7 as
follows:
(210 ILCS 45/1-114.01)
Sec. 1-114.01. Identified offender. "Identified offender"
means a person who meets any of the following criteria:
(1) Has been convicted of, found guilty of, adjudicated
delinquent for, found not guilty by reason of insanity for,
or found unfit to stand trial for, any felony offense
listed in Section 25 of the Health Care Worker Background
Check Act, except for the following: (i) a felony offense
described in Section 10-5 of the Nurse Practice Act; (ii) a
felony offense described in Section 4, 5, 6, 8, or 17.02 of
the Illinois Credit Card and Debit Card Act; (iii) a felony
offense described in Section 5, 5.1, 5.2, 7, or 9 of the
Cannabis Control Act; (iv) a felony offense described in
Section 401, 401.1, 404, 405, 405.1, 407, or 407.1 of the
Illinois Controlled Substances Act; and (v) a felony
offense described in the Methamphetamine Control and
Community Protection Act.
(2) Has been convicted of, adjudicated delinquent for,
found not guilty by reason of insanity for, or found unfit
to stand trial for, any sex offense as defined in
subsection (c) of Section 10 of the Sex Offender Management
Board Act.

SB3642 - 816 - LRB101 20589 WGH 70218 b
(3) Is any other resident as determined by the Illinois
Department of State Police.
(Source: P.A. 96-1372, eff. 7-29-10.)
(210 ILCS 45/2-201.5)
Sec. 2-201.5. Screening prior to admission.
(a) All persons age 18 or older seeking admission to a
nursing facility must be screened to determine the need for
nursing facility services prior to being admitted, regardless
of income, assets, or funding source. Screening for nursing
facility services shall be administered through procedures
established by administrative rule. Screening may be done by
agencies other than the Department as established by
administrative rule. This Section applies on and after July 1,
1996. No later than October 1, 2010, the Department of
Healthcare and Family Services, in collaboration with the
Department on Aging, the Department of Human Services, and the
Department of Public Health, shall file administrative rules
providing for the gathering, during the screening process, of
information relevant to determining each person's potential
for placing other residents, employees, and visitors at risk of
harm.
(a-1) Any screening performed pursuant to subsection (a) of
this Section shall include a determination of whether any
person is being considered for admission to a nursing facility
due to a need for mental health services. For a person who

SB3642 - 817 - LRB101 20589 WGH 70218 b
needs mental health services, the screening shall also include
an evaluation of whether there is permanent supportive housing,
or an array of community mental health services, including but
not limited to supported housing, assertive community
treatment, and peer support services, that would enable the
person to live in the community. The person shall be told about
the existence of any such services that would enable the person
to live safely and humanely and about available appropriate
nursing home services that would enable the person to live
safely and humanely, and the person shall be given the
assistance necessary to avail himself or herself of any
available services.
(a-2) Pre-screening for persons with a serious mental
illness shall be performed by a psychiatrist, a psychologist, a
registered nurse certified in psychiatric nursing, a licensed
clinical professional counselor, or a licensed clinical social
worker, who is competent to (i) perform a clinical assessment
of the individual, (ii) certify a diagnosis, (iii) make a
determination about the individual's current need for
treatment, including substance abuse treatment, and recommend
specific treatment, and (iv) determine whether a facility or a
community-based program is able to meet the needs of the
individual.
For any person entering a nursing facility, the
pre-screening agent shall make specific recommendations about
what care and services the individual needs to receive,

SB3642 - 818 - LRB101 20589 WGH 70218 b
beginning at admission, to attain or maintain the individual's
highest level of independent functioning and to live in the
most integrated setting appropriate for his or her physical and
personal care and developmental and mental health needs. These
recommendations shall be revised as appropriate by the
pre-screening or re-screening agent based on the results of
resident review and in response to changes in the resident's
wishes, needs, and interest in transition.
Upon the person entering the nursing facility, the
Department of Human Services or its designee shall assist the
person in establishing a relationship with a community mental
health agency or other appropriate agencies in order to (i)
promote the person's transition to independent living and (ii)
support the person's progress in meeting individual goals.
(a-3) The Department of Human Services, by rule, shall
provide for a prohibition on conflicts of interest for
pre-admission screeners. The rule shall provide for waiver of
those conflicts by the Department of Human Services if the
Department of Human Services determines that a scarcity of
qualified pre-admission screeners exists in a given community
and that, absent a waiver of conflicts, an insufficient number
of pre-admission screeners would be available. If a conflict is
waived, the pre-admission screener shall disclose the conflict
of interest to the screened individual in the manner provided
for by rule of the Department of Human Services. For the
purposes of this subsection, a "conflict of interest" includes,

SB3642 - 819 - LRB101 20589 WGH 70218 b
but is not limited to, the existence of a professional or
financial relationship between (i) a PAS-MH corporate or a
PAS-MH agent and (ii) a community provider or long-term care
facility.
(b) In addition to the screening required by subsection
(a), a facility, except for those licensed under the MC/DD Act,
shall, within 24 hours after admission, request a criminal
history background check pursuant to the Illinois Uniform
Conviction Information Act for all persons age 18 or older
seeking admission to the facility, unless (i) a background
check was initiated by a hospital pursuant to subsection (d) of
Section 6.09 of the Hospital Licensing Act or a pre-admission
background check was conducted by the Department of Veterans'
Affairs 30 days prior to admittance into an Illinois Veterans
Home; (ii) the transferring resident is immobile; or (iii) the
transferring resident is moving into hospice. The exemption
provided in item (ii) or (iii) of this subsection (b) shall
apply only if a background check was completed by the facility
the resident resided at prior to seeking admission to the
facility and the resident was transferred to the facility with
no time passing during which the resident was not
institutionalized. If item (ii) or (iii) of this subsection (b)
applies, the prior facility shall provide a copy of its
background check of the resident and all supporting
documentation, including, when applicable, the criminal
history report and the security assessment, to the facility to

SB3642 - 820 - LRB101 20589 WGH 70218 b
which the resident is being transferred. Background checks
conducted pursuant to this Section shall be based on the
resident's name, date of birth, and other identifiers as
required by the Illinois Department of State Police. If the
results of the background check are inconclusive, the facility
shall initiate a fingerprint-based check, unless the
fingerprint check is waived by the Director of Public Health
based on verification by the facility that the resident is
completely immobile or that the resident meets other criteria
related to the resident's health or lack of potential risk
which may be established by Departmental rule. A waiver issued
pursuant to this Section shall be valid only while the resident
is immobile or while the criteria supporting the waiver exist.
The facility shall provide for or arrange for any required
fingerprint-based checks to be taken on the premises of the
facility. If a fingerprint-based check is required, the
facility shall arrange for it to be conducted in a manner that
is respectful of the resident's dignity and that minimizes any
emotional or physical hardship to the resident.
(c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01, the facility shall do
the following:
(1) Immediately notify the Illinois Department of
State Police, in the form and manner required by the
Illinois Department of State Police, in collaboration with

SB3642 - 821 - LRB101 20589 WGH 70218 b
the Department of Public Health, that the resident is an
identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender resident. The inquiry shall be based on
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Illinois
Department of State Police. The inquiry shall be processed
through the files of the Illinois Department of State
Police and the Federal Bureau of Investigation to locate
any criminal history record information that may exist
regarding the subject. The Federal Bureau of Investigation
shall furnish to the Illinois Department of State Police,
pursuant to an inquiry under this paragraph (2), any
criminal history record information contained in its
files.
The facility shall comply with all applicable provisions
contained in the Illinois Uniform Conviction Information Act.
All name-based and fingerprint-based criminal history
record inquiries shall be submitted to the Illinois Department
of State Police electronically in the form and manner
prescribed by the Illinois Department of State Police. The
Illinois Department of State Police may charge the facility a
fee for processing name-based and fingerprint-based criminal
history record inquiries. The fee shall be deposited into the
State Police Services Fund. The fee shall not exceed the actual

SB3642 - 822 - LRB101 20589 WGH 70218 b
cost of processing the inquiry.
(d) (Blank).
(e) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6) and the adequacy of Department requirements
concerning the provision of care and services to residents. A
resident shall not be listed in the database until a Department
survey confirms the accuracy of the listing. The names of
persons listed in the database and information that would allow
them to be individually identified shall not be made public.
Neither the Department nor any other agency of State government
may use information in the database to take any action against
any individual, licensee, or other entity, unless the
Department or agency receives the information independent of
this subsection (e). All information collected, maintained, or
developed under the authority of this subsection (e) for the
purposes of the database maintained under this subsection (e)
shall be treated in the same manner as information that is
subject to Part 21 of Article VIII of the Code of Civil
Procedure.
(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15;
99-453, eff. 8-24-15; 99-642, eff. 7-28-16.)

SB3642 - 823 - LRB101 20589 WGH 70218 b
(210 ILCS 45/2-201.6)
Sec. 2-201.6. Criminal History Report.
(a) The Illinois Department of State Police shall prepare a
Criminal History Report when it receives information, through
the criminal history background check required pursuant to
subsection (d) of Section 6.09 of the Hospital Licensing Act or
subsection (c) of Section 2-201.5, or through any other means,
that a resident of a facility is an identified offender.
(b) The Illinois Department of State Police shall complete
the Criminal History Report within 10 business days after
receiving information under subsection (a) that a resident is
an identified offender.
(c) The Criminal History Report shall include, but not be
limited to, the following:
(1) (Blank).
(2) (Blank).
(3) (Blank).
(3.5) Copies of the identified offender's parole,
mandatory supervised release, or probation orders.
(4) An interview with the identified offender.
(5) (Blank).
(6) A detailed summary of the entire criminal history
of the offender, including arrests, convictions, and the
date of the identified offender's last conviction relative
to the date of admission to a long-term care facility.

SB3642 - 824 - LRB101 20589 WGH 70218 b
(7) If the identified offender is a convicted or
registered sex offender, a review of any and all sex
offender evaluations conducted on that offender. If there
is no sex offender evaluation available, the Illinois
Department of State Police shall arrange, through the
Department of Public Health, for a sex offender evaluation
to be conducted on the identified offender. If the
convicted or registered sex offender is under supervision
by the Illinois Department of Corrections or a county
probation department, the sex offender evaluation shall be
arranged by and at the expense of the supervising agency.
All evaluations conducted on convicted or registered sex
offenders under this Act shall be conducted by sex offender
evaluators approved by the Sex Offender Management Board.
(d) The Illinois Department of State Police shall provide
the Criminal History Report to a licensed forensic
psychologist. After (i) consideration of the Criminal History
Report, (ii) consultation with the facility administrator or
the facility medical director, or both, regarding the mental
and physical condition of the identified offender, and (iii)
reviewing the facility's file on the identified offender,
including all incident reports, all information regarding
medication and medication compliance, and all information
regarding previous discharges or transfers from other
facilities, the licensed forensic psychologist shall prepare
an Identified Offender Report and Recommendation. The

SB3642 - 825 - LRB101 20589 WGH 70218 b
Identified Offender Report and Recommendation shall detail
whether and to what extent the identified offender's criminal
history necessitates the implementation of security measures
within the long-term care facility. If the identified offender
is a convicted or registered sex offender or if the Identified
Offender Report and Recommendation reveals that the identified
offender poses a significant risk of harm to others within the
facility, the offender shall be required to have his or her own
room within the facility.
(e) The licensed forensic psychologist shall complete the
Identified Offender Report and Recommendation within 14
business days after receiving the Criminal History Report and
shall promptly provide the Identified Offender Report and
Recommendation to the Illinois Department of State Police,
which shall provide the Identified Offender Report and
Recommendation to the following:
(1) The long-term care facility within which the
identified offender resides.
(2) The Chief of Police of the municipality in which
the facility is located.
(3) The State of Illinois Long Term Care Ombudsman.
(4) The Department of Public Health.
(e-5) The Department of Public Health shall keep a
continuing record of all residents determined to be identified
offenders as defined in Section 1-114.01 and shall report the
number of identified offender residents annually to the General

SB3642 - 826 - LRB101 20589 WGH 70218 b
Assembly.
(f) The facility shall incorporate the Identified Offender
Report and Recommendation into the identified offender's care
plan created pursuant to 42 CFR 483.20.
(g) If, based on the Identified Offender Report and
Recommendation, a facility determines that it cannot manage the
identified offender resident safely within the facility, it
shall commence involuntary transfer or discharge proceedings
pursuant to Section 3-402.
(h) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal
History Report or Identified Offender Report and
Recommendation is immune from criminal or civil liability for
any acts or omissions as the result of his or her good faith
effort to comply with this Section.
(Source: P.A. 96-1372, eff. 7-29-10.)
(210 ILCS 45/2-201.7)
Sec. 2-201.7. Expanded criminal history background check
pilot program.
(a) The purpose of this Section is to establish a pilot
program based in Cook and Will counties in which an expanded
criminal history background check screening process will be
utilized to better identify residents of licensed long term
care facilities who, because of their criminal histories, may
pose a risk to other vulnerable residents.

SB3642 - 827 - LRB101 20589 WGH 70218 b
(b) In this Section, "mixed population facility" means a
facility that has more than 25 residents with a diagnosis of
serious mental illness and residents 65 years of age or older.
(c) Every mixed population facility located in Cook County
or Will County shall participate in the pilot program and shall
employ expanded criminal history background check screening
procedures for all residents admitted to the facility who are
at least 18 years of age but less than 65 years of age. Under
the pilot program, criminal history background checks required
under this Act shall employ fingerprint-based criminal history
record inquiries or comparably comprehensive name-based
criminal history background checks. Fingerprint-based criminal
history record inquiries shall be conducted pursuant to
subsection (c-2) of Section 2-201.5. A Criminal History Report
and an Identified Offender Report and Recommendation shall be
completed pursuant to Section 2-201.6 if the results of the
expanded criminal history background check reveal that a
resident is an identified offender as defined in Section
1-114.01.
(d) If an expanded criminal history background check
reveals that a resident is an identified offender as defined in
Section 1-114.01, the facility shall be notified within 72
hours.
(e) The cost of the expanded criminal history background
checks conducted pursuant to the pilot program shall not exceed
$50 per resident and shall be paid by the facility. The

SB3642 - 828 - LRB101 20589 WGH 70218 b
Illinois Department of State Police shall implement all
potential measures to minimize the cost of the expanded
criminal history background checks to the participating long
term care facilities.
(f) The pilot program shall run for a period of one year
after the effective date of this amendatory Act of the 96th
General Assembly. Promptly after the end of that one-year
period, the Department shall report the results of the pilot
program to the General Assembly.
(Source: P.A. 96-1372, eff. 7-29-10.)
Section 545. The MC/DD Act is amended by changing Sections
1-114.01, 2-201.5, and 2-201.6 as follows:
(210 ILCS 46/1-114.01)
Sec. 1-114.01. Identified offender. "Identified offender"
means a person who meets any of the following criteria:
(1) Has been convicted of, found guilty of, adjudicated
delinquent for, found not guilty by reason of insanity for,
or found unfit to stand trial for any felony offense listed
in Section 25 of the Health Care Worker Background Check
Act, except for the following:
(i) a felony offense described in Section 10-5 of
the Nurse Practice Act;
(ii) a felony offense described in Section 4, 5, 6,
8, or 17.02 of the Illinois Credit Card and Debit Card

SB3642 - 829 - LRB101 20589 WGH 70218 b
Act;
(iii) a felony offense described in Section 5, 5.1,
5.2, 7, or 9 of the Cannabis Control Act;
(iv) a felony offense described in Section 401,
401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
Controlled Substances Act; and
(v) a felony offense described in the
Methamphetamine Control and Community Protection Act.
(2) Has been convicted of, adjudicated delinquent for,
found not guilty by reason of insanity for, or found unfit
to stand trial for, any sex offense as defined in
subsection (c) of Section 10 of the Sex Offender Management
Board Act.
(3) Is any other resident as determined by the Illinois
Department of State Police.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/2-201.5)
Sec. 2-201.5. Screening prior to admission.
(a) All persons age 18 or older seeking admission to a
facility must be screened to determine the need for facility
services prior to being admitted, regardless of income, assets,
or funding source. In addition, any person who seeks to become
eligible for medical assistance from the Medical Assistance
Program under the Illinois Public Aid Code to pay for services
while residing in a facility must be screened prior to

SB3642 - 830 - LRB101 20589 WGH 70218 b
receiving those benefits. Screening for facility services
shall be administered through procedures established by
administrative rule. Screening may be done by agencies other
than the Department as established by administrative rule.
(a-1) Any screening shall also include an evaluation of
whether there are residential supports and services or an array
of community services that would enable the person to live in
the community. The person shall be told about the existence of
any such services that would enable the person to live safely
and humanely in the least restrictive environment, that is
appropriate, that the individual or guardian chooses, and the
person shall be given the assistance necessary to avail himself
or herself of any available services.
(b) In addition to the screening required by subsection
(a), a facility shall, within 24 hours after admission, request
a criminal history background check pursuant to the Uniform
Conviction Information Act for all persons age 18 or older
seeking admission to the facility. Background checks conducted
pursuant to this Section shall be based on the resident's name,
date of birth, and other identifiers as required by the
Illinois Department of State Police. If the results of the
background check are inconclusive, the facility shall initiate
a fingerprint-based check, unless the fingerprint-based check
is waived by the Director of Public Health based on
verification by the facility that the resident is completely
immobile or that the resident meets other criteria related to

SB3642 - 831 - LRB101 20589 WGH 70218 b
the resident's health or lack of potential risk which may be
established by Departmental rule. A waiver issued pursuant to
this Section shall be valid only while the resident is immobile
or while the criteria supporting the waiver exist. The facility
shall provide for or arrange for any required fingerprint-based
checks. If a fingerprint-based check is required, the facility
shall arrange for it to be conducted in a manner that is
respectful of the resident's dignity and that minimizes any
emotional or physical hardship to the resident.
(c) If the results of a resident's criminal history
background check reveal that the resident is an identified
offender as defined in Section 1-114.01 of this Act, the
facility shall do the following:
(1) Immediately notify the Illinois Department of
State Police, in the form and manner required by the
Illinois Department of State Police, in collaboration with
the Department of Public Health, that the resident is an
identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender resident. The inquiry shall be based on
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Illinois
Department of State Police. The inquiry shall be processed
through the files of the Illinois Department of State
Police and the Federal Bureau of Investigation to locate

SB3642 - 832 - LRB101 20589 WGH 70218 b
any criminal history record information that may exist
regarding the subject. The Federal Bureau of Investigation
shall furnish to the Illinois Department of State Police,
pursuant to an inquiry under this paragraph (2), any
criminal history record information contained in its
files. The facility shall comply with all applicable
provisions contained in the Uniform Conviction Information
Act. All name-based and fingerprint-based criminal history
record inquiries shall be submitted to the Illinois
Department of State Police electronically in the form and
manner prescribed by the Illinois Department of State
Police. The Illinois Department of State Police may charge
the facility a fee for processing name-based and
fingerprint-based criminal history record inquiries. The
fee shall be deposited into the State Police Services Fund.
The fee shall not exceed the actual cost of processing the
inquiry.
(d) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6 of this Act) and the adequacy of Department
requirements concerning the provision of care and services to
residents. A resident shall not be listed in the database until

SB3642 - 833 - LRB101 20589 WGH 70218 b
a Department survey confirms the accuracy of the listing. The
names of persons listed in the database and information that
would allow them to be individually identified shall not be
made public. Neither the Department nor any other agency of
State government may use information in the database to take
any action against any individual, licensee, or other entity
unless the Department or agency receives the information
independent of this subsection (d). All information collected,
maintained, or developed under the authority of this subsection
(d) for the purposes of the database maintained under this
subsection (d) shall be treated in the same manner as
information that is subject to Part 21 of Article VIII of the
Code of Civil Procedure.
(Source: P.A. 99-180, eff. 7-29-15.)
(210 ILCS 46/2-201.6)
Sec. 2-201.6. Criminal History Report.
(a) The Illinois Department of State Police shall prepare a
Criminal History Report when it receives information, through
the criminal history background check required pursuant to
subsection (c) of Section 2-201.5 or through any other means,
that a resident of a facility is an identified offender.
(b) The Illinois Department of State Police shall complete
the Criminal History Report within 10 business days after
receiving any information described under subsection (a) of
this Act that a resident is an identified offender.

SB3642 - 834 - LRB101 20589 WGH 70218 b
(c) The Criminal History Report shall include, but not be
limited to, all of the following:
(1) Copies of the identified offender's parole,
mandatory supervised release, or probation orders.
(2) An interview with the identified offender.
(3) A detailed summary of the entire criminal history
of the offender, including arrests, convictions, and the
date of the identified offender's last conviction relative
to the date of admission to a facility.
(4) If the identified offender is a convicted or
registered sex offender, then a review of any and all sex
offender evaluations conducted on that offender. If there
is no sex offender evaluation available, then the Illinois
Department of State Police shall arrange, through the
Department of Public Health, for a sex offender evaluation
to be conducted on the identified offender. If the
convicted or registered sex offender is under supervision
by the Illinois Department of Corrections or a county
probation department, then the sex offender evaluation
shall be arranged by and at the expense of the supervising
agency. All evaluations conducted on convicted or
registered sex offenders under this Act shall be conducted
by sex offender evaluators approved by the Sex Offender
Management Board.
(d) The Illinois Department of State Police shall provide
the Criminal History Report to a licensed forensic

SB3642 - 835 - LRB101 20589 WGH 70218 b
psychologist. The licensed forensic psychologist shall prepare
an Identified Offender Report and Recommendation after (i)
consideration of the Criminal History Report, (ii)
consultation with the facility administrator or the facility
medical director, or both, regarding the mental and physical
condition of the identified offender, and (iii) reviewing the
facility's file on the identified offender, including all
incident reports, all information regarding medication and
medication compliance, and all information regarding previous
discharges or transfers from other facilities. The Identified
Offender Report and Recommendation shall detail whether and to
what extent the identified offender's criminal history
necessitates the implementation of security measures within
the facility. If the identified offender is a convicted or
registered sex offender, or if the Identified Offender Report
and Recommendation reveals that the identified offender poses a
significant risk of harm to others within the facility, then
the offender shall be required to have his or her own room
within the facility.
(e) The licensed forensic psychologist shall complete the
Identified Offender Report and Recommendation within 14
business days after receiving the Criminal History Report and
shall promptly provide the Identified Offender Report and
Recommendation to the Illinois Department of State Police,
which shall provide the Identified Offender Report and
Recommendation to the following:

SB3642 - 836 - LRB101 20589 WGH 70218 b
(1) The facility within which the identified offender
resides.
(2) The Chief of Police of the municipality in which
the facility is located.
(3) The State of Illinois Long Term Care Ombudsman.
(4) The Department of Public Health.
(f) The Department of Public Health shall keep a continuing
record of all residents determined to be identified offenders
as defined in Section 1-114.01 and shall report the number of
identified offender residents annually to the General
Assembly.
(g) The facility shall incorporate the Identified Offender
Report and Recommendation into the identified offender's
individual program plan created pursuant to 42 CFR 483.440(c).
(h) If, based on the Identified Offender Report and
Recommendation, a facility determines that it cannot manage the
identified offender resident safely within the facility, then
it shall commence involuntary transfer or discharge
proceedings pursuant to Section 3-402.
(i) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal
History Report or Identified Offender Report and
Recommendation is immune from criminal or civil liability for
any acts or omissions as the result of his or her good faith
effort to comply with this Section.
(Source: P.A. 99-180, eff. 7-29-15.)

SB3642 - 837 - LRB101 20589 WGH 70218 b
Section 550. The ID/DD Community Care Act is amended by
changing Sections 1-114.01, 2-201.5, and 2-201.6 as follows:
(210 ILCS 47/1-114.01)
Sec. 1-114.01. Identified offender. "Identified offender"
means a person who meets any of the following criteria:
(1) Has been convicted of, found guilty of, adjudicated
delinquent for, found not guilty by reason of insanity for,
or found unfit to stand trial for any felony offense listed
in Section 25 of the Health Care Worker Background Check
Act, except for the following:
(i) a felony offense described in Section 10-5 of
the Nurse Practice Act;
(ii) a felony offense described in Section 4, 5, 6,
8, or 17.02 of the Illinois Credit Card and Debit Card
Act;
(iii) a felony offense described in Section 5, 5.1,
5.2, 7, or 9 of the Cannabis Control Act;
(iv) a felony offense described in Section 401,
401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
Controlled Substances Act; and
(v) a felony offense described in the
Methamphetamine Control and Community Protection Act.
(2) Has been convicted of, adjudicated delinquent for,
found not guilty by reason of insanity for, or found unfit

SB3642 - 838 - LRB101 20589 WGH 70218 b
to stand trial for, any sex offense as defined in
subsection (c) of Section 10 of the Sex Offender Management
Board Act.
(3) Is any other resident as determined by the Illinois
Department of State Police.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
(210 ILCS 47/2-201.5)
Sec. 2-201.5. Screening prior to admission.
(a) All persons age 18 or older seeking admission to a
facility must be screened to determine the need for facility
services prior to being admitted, regardless of income, assets,
or funding source. In addition, any person who seeks to become
eligible for medical assistance from the Medical Assistance
Program under the Illinois Public Aid Code to pay for services
while residing in a facility must be screened prior to
receiving those benefits. Screening for facility services
shall be administered through procedures established by
administrative rule. Screening may be done by agencies other
than the Department as established by administrative rule.
(a-1) Any screening shall also include an evaluation of
whether there are residential supports and services or an array
of community services that would enable the person to live in
the community. The person shall be told about the existence of
any such services that would enable the person to live safely
and humanely in the least restrictive environment, that is

SB3642 - 839 - LRB101 20589 WGH 70218 b
appropriate, that the individual or guardian chooses, and the
person shall be given the assistance necessary to avail himself
or herself of any available services.
(b) In addition to the screening required by subsection
(a), a facility shall, within 24 hours after admission, request
a criminal history background check pursuant to the Uniform
Conviction Information Act for all persons age 18 or older
seeking admission to the facility. Background checks conducted
pursuant to this Section shall be based on the resident's name,
date of birth, and other identifiers as required by the
Illinois Department of State Police. If the results of the
background check are inconclusive, the facility shall initiate
a fingerprint-based check, unless the fingerprint-based check
is waived by the Director of Public Health based on
verification by the facility that the resident is completely
immobile or that the resident meets other criteria related to
the resident's health or lack of potential risk which may be
established by Departmental rule. A waiver issued pursuant to
this Section shall be valid only while the resident is immobile
or while the criteria supporting the waiver exist. The facility
shall provide for or arrange for any required fingerprint-based
checks. If a fingerprint-based check is required, the facility
shall arrange for it to be conducted in a manner that is
respectful of the resident's dignity and that minimizes any
emotional or physical hardship to the resident.
(c) If the results of a resident's criminal history

SB3642 - 840 - LRB101 20589 WGH 70218 b
background check reveal that the resident is an identified
offender as defined in Section 1-114.01 of this Act, the
facility shall do the following:
(1) Immediately notify the Illinois Department of
State Police, in the form and manner required by the
Illinois Department of State Police, in collaboration with
the Department of Public Health, that the resident is an
identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender resident. The inquiry shall be based on
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Illinois
Department of State Police. The inquiry shall be processed
through the files of the Illinois Department of State
Police and the Federal Bureau of Investigation to locate
any criminal history record information that may exist
regarding the subject. The Federal Bureau of Investigation
shall furnish to the Illinois Department of State Police,
pursuant to an inquiry under this paragraph (2), any
criminal history record information contained in its
files. The facility shall comply with all applicable
provisions contained in the Uniform Conviction Information
Act. All name-based and fingerprint-based criminal history
record inquiries shall be submitted to the Illinois
Department of State Police electronically in the form and

SB3642 - 841 - LRB101 20589 WGH 70218 b
manner prescribed by the Illinois Department of State
Police. The Illinois Department of State Police may charge
the facility a fee for processing name-based and
fingerprint-based criminal history record inquiries. The
fee shall be deposited into the State Police Services Fund.
The fee shall not exceed the actual cost of processing the
inquiry.
(d) The Department shall develop and maintain a
de-identified database of residents who have injured facility
staff, facility visitors, or other residents, and the attendant
circumstances, solely for the purposes of evaluating and
improving resident pre-screening and assessment procedures
(including the Criminal History Report prepared under Section
2-201.6 of this Act) and the adequacy of Department
requirements concerning the provision of care and services to
residents. A resident shall not be listed in the database until
a Department survey confirms the accuracy of the listing. The
names of persons listed in the database and information that
would allow them to be individually identified shall not be
made public. Neither the Department nor any other agency of
State government may use information in the database to take
any action against any individual, licensee, or other entity
unless the Department or agency receives the information
independent of this subsection (d). All information collected,
maintained, or developed under the authority of this subsection
(d) for the purposes of the database maintained under this

SB3642 - 842 - LRB101 20589 WGH 70218 b
subsection (d) shall be treated in the same manner as
information that is subject to Part 21 of Article VIII of the
Code of Civil Procedure.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
(210 ILCS 47/2-201.6)
Sec. 2-201.6. Criminal History Report.
(a) The Illinois Department of State Police shall prepare a
Criminal History Report when it receives information, through
the criminal history background check required pursuant to
subsection (c) of Section 2-201.5 or through any other means,
that a resident of a facility is an identified offender.
(b) The Illinois Department of State Police shall complete
the Criminal History Report within 10 business days after
receiving any information described under subsection (a) of
this Act that a resident is an identified offender.
(c) The Criminal History Report shall include, but not be
limited to, all of the following:
(1) Copies of the identified offender's parole,
mandatory supervised release, or probation orders.
(2) An interview with the identified offender.
(3) A detailed summary of the entire criminal history
of the offender, including arrests, convictions, and the
date of the identified offender's last conviction relative
to the date of admission to a long-term care facility.
(4) If the identified offender is a convicted or

SB3642 - 843 - LRB101 20589 WGH 70218 b
registered sex offender, then a review of any and all sex
offender evaluations conducted on that offender. If there
is no sex offender evaluation available, then the Illinois
Department of State Police shall arrange, through the
Department of Public Health, for a sex offender evaluation
to be conducted on the identified offender. If the
convicted or registered sex offender is under supervision
by the Illinois Department of Corrections or a county
probation department, then the sex offender evaluation
shall be arranged by and at the expense of the supervising
agency. All evaluations conducted on convicted or
registered sex offenders under this Act shall be conducted
by sex offender evaluators approved by the Sex Offender
Management Board.
(d) The Illinois Department of State Police shall provide
the Criminal History Report to a licensed forensic
psychologist. The licensed forensic psychologist shall prepare
an Identified Offender Report and Recommendation after (i)
consideration of the Criminal History Report, (ii)
consultation with the facility administrator or the facility
medical director, or both, regarding the mental and physical
condition of the identified offender, and (iii) reviewing the
facility's file on the identified offender, including all
incident reports, all information regarding medication and
medication compliance, and all information regarding previous
discharges or transfers from other facilities. The Identified

SB3642 - 844 - LRB101 20589 WGH 70218 b
Offender Report and Recommendation shall detail whether and to
what extent the identified offender's criminal history
necessitates the implementation of security measures within
the facility. If the identified offender is a convicted or
registered sex offender, or if the Identified Offender Report
and Recommendation reveals that the identified offender poses a
significant risk of harm to others within the facility, then
the offender shall be required to have his or her own room
within the facility.
(e) The licensed forensic psychologist shall complete the
Identified Offender Report and Recommendation within 14
business days after receiving the Criminal History Report and
shall promptly provide the Identified Offender Report and
Recommendation to the Illinois Department of State Police,
which shall provide the Identified Offender Report and
Recommendation to the following:
(1) The facility within which the identified offender
resides.
(2) The Chief of Police of the municipality in which
the facility is located.
(3) The State of Illinois Long Term Care Ombudsman.
(4) The Department of Public Health.
(f) The Department of Public Health shall keep a continuing
record of all residents determined to be identified offenders
as defined in Section 1-114.01 and shall report the number of
identified offender residents annually to the General

SB3642 - 845 - LRB101 20589 WGH 70218 b
Assembly.
(g) The facility shall incorporate the Identified Offender
Report and Recommendation into the identified offender's
individual program plan created pursuant to 42 CFR 483.440(c).
(h) If, based on the Identified Offender Report and
Recommendation, a facility determines that it cannot manage the
identified offender resident safely within the facility, then
it shall commence involuntary transfer or discharge
proceedings pursuant to Section 3-402.
(i) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal
History Report or Identified Offender Report and
Recommendation is immune from criminal or civil liability for
any acts or omissions as the result of his or her good faith
effort to comply with this Section.
(Source: P.A. 97-38, eff. 6-28-11.)
Section 555. The Specialized Mental Health Rehabilitation
Act of 2013 is amended by changing Sections 2-104 and 2-105 as
follows:
(210 ILCS 49/2-104)
Sec. 2-104. Screening prior to admission.
(a) A facility shall, within 24 hours after admission,
request a criminal history background check pursuant to the
Uniform Conviction Information Act for all persons age 18 or

SB3642 - 846 - LRB101 20589 WGH 70218 b
older seeking admission to the facility, unless a background
check was initiated by a hospital pursuant to subsection (d) of
Section 6.09 of the Hospital Licensing Act. Background checks
conducted pursuant to this Section shall be based on the
consumer's name, date of birth, and other identifiers as
required by the Illinois Department of State Police. If the
results of the background check are inconclusive, the facility
shall initiate a fingerprint-based check, unless the
fingerprint check is waived by the Director of Public Health
based on verification by the facility that the consumer meets
criteria related to the consumer's health or lack of potential
risk which may be established by Departmental rule. A waiver
issued pursuant to this Section shall be valid only while the
consumer is immobile or while the criteria supporting the
waiver exist. The facility shall provide for or arrange for any
required fingerprint-based checks to be taken on the premises
of the facility. If a fingerprint-based check is required, the
facility shall arrange for it to be conducted in a manner that
is respectful of the consumer's dignity and that minimizes any
emotional or physical hardship to the consumer.
(b) If the results of a consumer's criminal history
background check reveal that the consumer is an identified
offender as defined in this Act, the facility shall do the
following:
(1) Immediately notify the Illinois Department of
State Police, in the form and manner required by the

SB3642 - 847 - LRB101 20589 WGH 70218 b
Illinois Department of State Police, in collaboration with
the Department of Public Health, that the consumer is an
identified offender.
(2) Within 72 hours, arrange for a fingerprint-based
criminal history record inquiry to be requested on the
identified offender consumer. The inquiry shall be based on
the subject's name, sex, race, date of birth, fingerprint
images, and other identifiers required by the Illinois
Department of State Police. The inquiry shall be processed
through the files of the Illinois Department of State
Police and the Federal Bureau of Investigation to locate
any criminal history record information that may exist
regarding the subject. The Federal Bureau of Investigation
shall furnish to the Illinois Department of State Police,
pursuant to an inquiry under this paragraph (2), any
criminal history record information contained in its
files.
(Source: P.A. 98-104, eff. 7-22-13.)
(210 ILCS 49/2-105)
Sec. 2-105. Criminal History Report.
(a) The Illinois Department of State Police shall prepare a
Criminal History Report when it receives information, through
the criminal history background check required pursuant to
subsection (d) of Section 6.09 of the Hospital Licensing Act or
subsection (c) of Section 2-201.5 of the Nursing Home Care Act,

SB3642 - 848 - LRB101 20589 WGH 70218 b
or through any other means, that a consumer of a facility is an
identified offender.
(b) The Illinois Department of State Police shall complete
the Criminal History Report within 10 business days after
receiving information under subsection (a) that a consumer is
an identified offender.
(c) The Criminal History Report shall include, but not be
limited to, the following:
(1) Copies of the identified offender's parole,
mandatory supervised release, or probation orders.
(2) An interview with the identified offender.
(3) A detailed summary of the entire criminal history
of the offender, including arrests, convictions, and the
date of the identified offender's last conviction relative
to the date of admission to a long-term care facility.
(4) If the identified offender is a convicted or
registered sex offender, a review of any and all sex
offender evaluations conducted on that offender. If there
is no sex offender evaluation available, the Illinois
Department of State Police shall arrange, through the
Department of Public Health, for a sex offender evaluation
to be conducted on the identified offender. If the
convicted or registered sex offender is under supervision
by the Illinois Department of Corrections or a county
probation department, the sex offender evaluation shall be
arranged by and at the expense of the supervising agency.

SB3642 - 849 - LRB101 20589 WGH 70218 b
All evaluations conducted on convicted or registered sex
offenders under this Act shall be conducted by sex offender
evaluators approved by the Sex Offender Management Board.
(d) The Illinois Department of State Police shall provide
the Criminal History Report to a licensed forensic
psychologist. After (i) consideration of the Criminal History
Report, (ii) consultation with the facility administrator or
the facility medical director, or both, regarding the mental
and physical condition of the identified offender, and (iii)
reviewing the facility's file on the identified offender,
including all incident reports, all information regarding
medication and medication compliance, and all information
regarding previous discharges or transfers from other
facilities, the licensed forensic psychologist shall prepare
an Identified Offender Report and Recommendation. The
Identified Offender Report and Recommendation shall detail
whether and to what extent the identified offender's criminal
history necessitates the implementation of security measures
within the long-term care facility. If the identified offender
is a convicted or registered sex offender or if the Identified
Offender Report and Recommendation reveals that the identified
offender poses a significant risk of harm to others within the
facility, the offender shall be required to have his or her own
room within the facility.
(e) The licensed forensic psychologist shall complete the
Identified Offender Report and Recommendation within 14

SB3642 - 850 - LRB101 20589 WGH 70218 b
business days after receiving the Criminal History Report and
shall promptly provide the Identified Offender Report and
Recommendation to the Illinois Department of State Police,
which shall provide the Identified Offender Report and
Recommendation to the following:
(1) The facility within which the identified offender
resides.
(2) The Chief of Police of the municipality in which
the facility is located.
(3) The State of Illinois Long Term Care Ombudsman.
(4) The Department of Public Health.
(e-5) The Department of Public Health shall keep a
continuing record of all consumers determined to be identified
offenders as defined in Section 1-114.01 of the Nursing Home
Care Act and shall report the number of identified offender
consumers annually to the General Assembly.
(f) The facility shall incorporate the Identified Offender
Report and Recommendation into the identified offender's care
plan created pursuant to 42 CFR 483.20.
(g) If, based on the Identified Offender Report and
Recommendation, a facility determines that it cannot manage the
identified offender consumer safely within the facility, it
shall commence involuntary transfer or discharge proceedings
pursuant to Section 3-402.
(h) Except for willful and wanton misconduct, any person
authorized to participate in the development of a Criminal

SB3642 - 851 - LRB101 20589 WGH 70218 b
History Report or Identified Offender Report and
Recommendation is immune from criminal or civil liability for
any acts or omissions as the result of his or her good faith
effort to comply with this Section.
(Source: P.A. 98-104, eff. 7-22-13.)
Section 560. The Hospital Licensing Act is amended by
changing Section 6.09 as follows:
(210 ILCS 85/6.09) (from Ch. 111 1/2, par. 147.09)
Sec. 6.09. (a) In order to facilitate the orderly
transition of aged patients and patients with disabilities from
hospitals to post-hospital care, whenever a patient who
qualifies for the federal Medicare program is hospitalized, the
patient shall be notified of discharge at least 24 hours prior
to discharge from the hospital. With regard to pending
discharges to a skilled nursing facility, the hospital must
notify the case coordination unit, as defined in 89 Ill. Adm.
Code 240.260, at least 24 hours prior to discharge. When the
assessment is completed in the hospital, the case coordination
unit shall provide a copy of the required assessment
documentation directly to the nursing home to which the patient
is being discharged prior to discharge. The Department on Aging
shall provide notice of this requirement to case coordination
units. When a case coordination unit is unable to complete an
assessment in a hospital prior to the discharge of a patient,

SB3642 - 852 - LRB101 20589 WGH 70218 b
60 years of age or older, to a nursing home, the case
coordination unit shall notify the Department on Aging which
shall notify the Department of Healthcare and Family Services.
The Department of Healthcare and Family Services and the
Department on Aging shall adopt rules to address these
instances to ensure that the patient is able to access nursing
home care, the nursing home is not penalized for accepting the
admission, and the patient's timely discharge from the hospital
is not delayed, to the extent permitted under federal law or
regulation. Nothing in this subsection shall preclude federal
requirements for a pre-admission screening/mental health
(PAS/MH) as required under Section 2-201.5 of the Nursing Home
Care Act or State or federal law or regulation. If home health
services are ordered, the hospital must inform its designated
case coordination unit, as defined in 89 Ill. Adm. Code
240.260, of the pending discharge and must provide the patient
with the case coordination unit's telephone number and other
contact information.
(b) Every hospital shall develop procedures for a physician
with medical staff privileges at the hospital or any
appropriate medical staff member to provide the discharge
notice prescribed in subsection (a) of this Section. The
procedures must include prohibitions against discharging or
referring a patient to any of the following if unlicensed,
uncertified, or unregistered: (i) a board and care facility, as
defined in the Board and Care Home Act; (ii) an assisted living

SB3642 - 853 - LRB101 20589 WGH 70218 b
and shared housing establishment, as defined in the Assisted
Living and Shared Housing Act; (iii) a facility licensed under
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act; (iv) a supportive living facility, as defined in
Section 5-5.01a of the Illinois Public Aid Code; or (v) a
free-standing hospice facility licensed under the Hospice
Program Licensing Act if licensure, certification, or
registration is required. The Department of Public Health shall
annually provide hospitals with a list of licensed, certified,
or registered board and care facilities, assisted living and
shared housing establishments, nursing homes, supportive
living facilities, facilities licensed under the ID/DD
Community Care Act, the MC/DD Act, or the Specialized Mental
Health Rehabilitation Act of 2013, and hospice facilities.
Reliance upon this list by a hospital shall satisfy compliance
with this requirement. The procedure may also include a waiver
for any case in which a discharge notice is not feasible due to
a short length of stay in the hospital by the patient, or for
any case in which the patient voluntarily desires to leave the
hospital before the expiration of the 24 hour period.
(c) At least 24 hours prior to discharge from the hospital,
the patient shall receive written information on the patient's
right to appeal the discharge pursuant to the federal Medicare
program, including the steps to follow to appeal the discharge
and the appropriate telephone number to call in case the

SB3642 - 854 - LRB101 20589 WGH 70218 b
patient intends to appeal the discharge.
(d) Before transfer of a patient to a long term care
facility licensed under the Nursing Home Care Act where elderly
persons reside, a hospital shall as soon as practicable
initiate a name-based criminal history background check by
electronic submission to the Illinois Department of State
Police for all persons between the ages of 18 and 70 years;
provided, however, that a hospital shall be required to
initiate such a background check only with respect to patients
who:
(1) are transferring to a long term care facility for
the first time;
(2) have been in the hospital more than 5 days;
(3) are reasonably expected to remain at the long term
care facility for more than 30 days;
(4) have a known history of serious mental illness or
substance abuse; and
(5) are independently ambulatory or mobile for more
than a temporary period of time.
A hospital may also request a criminal history background
check for a patient who does not meet any of the criteria set
forth in items (1) through (5).
A hospital shall notify a long term care facility if the
hospital has initiated a criminal history background check on a
patient being discharged to that facility. In all circumstances
in which the hospital is required by this subsection to

SB3642 - 855 - LRB101 20589 WGH 70218 b
initiate the criminal history background check, the transfer to
the long term care facility may proceed regardless of the
availability of criminal history results. Upon receipt of the
results, the hospital shall promptly forward the results to the
appropriate long term care facility. If the results of the
background check are inconclusive, the hospital shall have no
additional duty or obligation to seek additional information
from, or about, the patient.
(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff.
7-28-16; 99-857, eff. 1-1-17.)
Section 565. The Safe Pharmaceutical Disposal Act is
amended by changing Section 18 as follows:
(210 ILCS 150/18)
Sec. 18. Unused medications at the scene of a death.
(a) Notwithstanding any provision of law to the contrary,
the Illinois Department of State Police may by rule authorize
State Police officers to dispose of any unused medications
found at the scene of a death the State Police officer is
investigating. A State Police officer may only dispose of any
unused medications under this subsection after consulting with
any other investigating law enforcement agency to ensure that
the unused medications will not be needed as evidence in any
investigation. This Section shall not apply to any unused

SB3642 - 856 - LRB101 20589 WGH 70218 b
medications a State Police officer takes into custody as part
of any investigation into a crime.
(b) Notwithstanding any provision of law to the contrary, a
local governmental agency may authorize police officers to
dispose of any unused medications found at the scene of a death
a police officer is investigating. A police officer may only
dispose of any unused medications under this subsection after
consulting with any other investigating law enforcement agency
to ensure that the unused medications will not be needed as
evidence in any investigation. This Section shall not apply to
any unused medications a police officer takes into custody as
part of any investigation into a crime.
(c) Notwithstanding any provision of law to the contrary, a
coroner or medical examiner may dispose of any unused
medications found at the scene of a death the coroner or
medical examiner is investigating. A coroner or medical
examiner may only dispose of any unused medications under this
subsection after consulting with any investigating law
enforcement agency to ensure that the unused medications will
not be needed as evidence in any investigation.
(d) Any disposal under this Section shall be in accordance
with Section 17 of this Act or another State or federally
approved medication take-back program or location.
(e) This Section shall not apply to prescription drugs for
which the United States Food and Drug Administration created a
Risk Evaluation and Mitigation Strategy for under the Food and

SB3642 - 857 - LRB101 20589 WGH 70218 b
Drug Administration Amendments Act of 2007.
(f) Nothing in this Section shall be construed to require a
search of the scene for unused medications.
(g) Prior to disposal of any medication collected as
evidence in a criminal investigation under this Section, a
State Police officer, police officer, coroner, or medical
examiner shall photograph the unused medication and its
container or packaging, if available; document the number or
amount of medication to be disposed; and include the
photographs and documentation in the police report, coroner
report, or medical examiner report.
(h) If an autopsy is performed as part of a death
investigation, no medication seized under this Section shall be
disposed of until after a toxicology report is received by the
entity requesting the report.
(i) If a police officer, State Police officer, coroner, or
medical examiner is not present at the scene of a death, a
nurse may dispose of any unused medications found at the scene
of a death the nurse is present at while engaging in the
performance of his or her duties. A nurse may dispose of any
unused medications under this subsection only after consulting
with any investigating law enforcement agency to ensure that
the unused medications will not be needed as evidence in an
investigation.
(j) When an individual authorized to dispose of unused
medication under this Section disposes of unused medication

SB3642 - 858 - LRB101 20589 WGH 70218 b
under this Section in good faith, the individual, and his or
her employer, employees, and agents, shall incur no criminal
liability or professional discipline.
(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
Section 570. The Health Care Violence Prevention Act is
amended by changing Section 30 as follows:
(210 ILCS 160/30)
Sec. 30. Medical care for committed persons.
(a) If a committed person receives medical care and
treatment at a place other than an institution or facility of
the Department of Corrections, a county, or a municipality,
then the institution or facility shall:
(1) to the greatest extent practicable, notify the
hospital or medical facility that is treating the committed
person prior to the committed person's visit and notify the
hospital or medical facility of any significant medical,
mental health, recent violent actions, or other safety
concerns regarding the patient;
(2) to the greatest extent practicable, ensure the
transferred committed person is accompanied by the most
comprehensive medical records possible;
(3) provide at least one guard trained in custodial
escort and custody of high-risk committed persons to
accompany any committed person. The custodial agency shall

SB3642 - 859 - LRB101 20589 WGH 70218 b
attest to such training for custodial escort and custody of
high-risk committed persons through: (A) the training of
the Department of Corrections, Department of Juvenile
Justice, or Illinois Department of State Police; (B) law
enforcement training that is substantially equivalent to
the training of the Department of Corrections, Department
of Juvenile Justice, or Illinois Department of State
Police; or (C) the training described in Section 35. Under
no circumstances may leg irons or shackles or waist
shackles be used on any pregnant female prisoner who is in
labor. In addition, restraint of a pregnant female prisoner
in the custody of the Cook County shall comply with Section
3-15003.6 of the Counties Code. Additionally, restraints
shall not be used on a committed person if medical
personnel determine that the restraints would impede
medical treatment; and
(4) ensure that only medical personnel, Department of
Corrections, county, or municipality personnel, and
visitors on the committed person's approved institutional
visitors list may visit the committed person. Visitation by
a person on the committed person's approved institutional
visitors list shall be subject to the rules and procedures
of the hospital or medical facility and the Department of
Corrections, county, or municipality. In any situation in
which a committed person is being visited:
(A) the name of the visitor must be listed per the

SB3642 - 860 - LRB101 20589 WGH 70218 b
facility's or institution's documentation;
(B) the visitor shall submit to the search of his
or her person or any personal property under his or her
control at any time; and
(C) the custodial agency may deny the committed
person access to a telephone or limit the number of
visitors the committed person may receive for purposes
of safety.
If a committed person receives medical care and treatment
at a place other than an institution or facility of the
Department of Corrections, county, or municipality, then the
custodial agency shall ensure that the committed person is
wearing security restraints in accordance with the custodial
agency's rules and procedures if the custodial agency
determines that restraints are necessary for the following
reasons: (i) to prevent physical harm to the committed person
or another person; (ii) because the committed person has a
history of disruptive behavior that has placed others in
potentially harmful situations or presents a substantial risk
of inflicting physical harm on himself or herself or others as
evidenced by recent behavior; or (iii) there is a well-founded
belief that the committed person presents a substantial risk of
flight. Under no circumstances may leg irons or shackles or
waist shackles be used on any pregnant female prisoner who is
in labor. In addition, restraint of a pregnant female prisoner
in the custody of the Cook County shall comply with Section

SB3642 - 861 - LRB101 20589 WGH 70218 b
3-15003.6 of the Counties Code.
The hospital or medical facility may establish protocols
for the receipt of committed persons in collaboration with the
Department of Corrections, county, or municipality,
specifically with regard to potentially violent persons.
(b) If a committed person receives medical care and
treatment at a place other than an institution or facility of
the Department of Juvenile Justice, then the institution or
facility shall:
(1) to the greatest extent practicable, notify the
hospital or medical facility that is treating the committed
person prior to the committed person's visit, and notify
the hospital or medical facility of any significant
medical, mental health, recent violent actions, or other
safety concerns regarding the patient;
(2) to the greatest extent practicable, ensure the
transferred committed person is accompanied by the most
comprehensive medical records possible;
(3) provide: (A) at least one guard trained in
custodial escort and custody of high-risk committed
persons to accompany any committed person. The custodial
agency shall attest to such training for custodial escort
and custody of high-risk committed persons through: (i) the
training of the Department of Corrections, Department of
Juvenile Justice, or Illinois Department of State Police,
(ii) law enforcement training that is substantially

SB3642 - 862 - LRB101 20589 WGH 70218 b
equivalent to the training of the Department of
Corrections, Department of Juvenile Justice, or Illinois
Department of State Police, or (iii) the training described
in Section 35; or (B) 2 guards to accompany the committed
person at all times during the visit to the hospital or
medical facility; and
(4) ensure that only medical personnel, Department of
Juvenile Justice personnel, and visitors on the committed
person's approved institutional visitors list may visit
the committed person. Visitation by a person on the
committed person's approved institutional visitors list
shall be subject to the rules and procedures of the
hospital or medical facility and the Department of Juvenile
Justice. In any situation in which a committed person is
being visited:
(A) the name of the visitor must be listed per the
facility's or institution's documentation;
(B) the visitor shall submit to the search of his
or her person or any personal property under his or her
control at any time; and
(C) the custodial agency may deny the committed
person access to a telephone or limit the number of
visitors the committed person may receive for purposes
of safety.
If a committed person receives medical care and treatment
at a place other than an institution or facility of the

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Department of Juvenile Justice, then the Department of Juvenile
Justice shall ensure that the committed person is wearing
security restraints on either his or her wrists or ankles in
accordance with the rules and procedures of the Department of
Juvenile Justice if the Department of Juvenile Justice
determines that restraints are necessary for the following
reasons: (i) to prevent physical harm to the committed person
or another person; (ii) because the committed person has a
history of disruptive behavior that has placed others in
potentially harmful situations or presents a substantial risk
of inflicting physical harm on himself or herself or others as
evidenced by recent behavior; or (iii) there is a well-founded
belief that the committed person presents a substantial risk of
flight. Any restraints used on a committed person under this
paragraph shall be the least restrictive restraints necessary
to prevent flight or physical harm to the committed person or
another person. Restraints shall not be used on the committed
person as provided in this paragraph if medical personnel
determine that the restraints would impede medical treatment.
Under no circumstances may leg irons or shackles or waist
shackles be used on any pregnant female prisoner who is in
labor. In addition, restraint of a pregnant female prisoner in
the custody of the Cook County shall comply with Section
3-15003.6 of the Counties Code.
The hospital or medical facility may establish protocols
for the receipt of committed persons in collaboration with the

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Department of Juvenile Justice, specifically with regard to
persons recently exhibiting violence.
(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
Section 575. The Illinois Insurance Code is amended by
changing Sections 155.24, 401, and 1520 as follows:
(215 ILCS 5/155.24) (from Ch. 73, par. 767.24)
Sec. 155.24. Motor Vehicle Theft and Motor Insurance Fraud
Reporting and Immunity Law.
(a) As used in this Section:
(1) "authorized governmental agency" means the
Illinois Department of State Police, a local governmental
police department, a county sheriff's office, a State's
Attorney, the Attorney General, a municipal attorney, a
United States district attorney, a duly constituted
criminal investigative agency of the United States
government, the Illinois Department of Insurance, the
Illinois Department of Professional Regulation and the
office of the Illinois Secretary of State;
(2) "relevant" means having a tendency to make the
existence of any information that is of consequence to an
investigation of motor vehicle theft or insurance fraud
investigation or a determination of such issue more
probable or less probable than it would be without such
information;

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(3) information will be "deemed important" if within
the sole discretion of the authorized governmental agency
such information is requested by that authorized
governmental agency;
(4) "Illinois authorized governmental agency" means an
authorized governmental agency as defined in item (1) that
is a part of the government of the State of Illinois or any
of the counties or municipalities of this State or any
other authorized entity; and
(5) For the purposes of this Section and Section
155.23, "insurer" means insurance companies, insurance
support organizations, self-insured entities, and other
providers of insurance products and services doing
business in the State of Illinois.
(b) Upon written request to an insurer by an authorized
governmental agency, an insurer or agent authorized by an
insurer to act on its behalf shall release to the requesting
authorized governmental agency any or all relevant information
deemed important to the authorized governmental agency which
the insurer may possess relating to any specific motor vehicle
theft or motor vehicle insurance fraud. Relevant information
may include, but is not limited to:
(1) Insurance policy information relevant to the motor
vehicle theft or motor vehicle insurance fraud under
investigation, including any application for such a
policy.

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(2) Policy premium payment records which are
available.
(3) History of previous claims made by the insured.
(4) Information relating to the investigation of the
motor vehicle theft or motor vehicle insurance fraud,
including statements of any person, proofs of loss and
notice of loss.
(c) When an insurer knows or reasonably believes to know
the identity of a person whom it has reason to believe
committed a criminal or fraudulent act relating to a motor
vehicle theft or a motor vehicle insurance claim or has
knowledge of such a criminal or fraudulent act which is
reasonably believed not to have been reported to an authorized
governmental agency, then for the purpose of notification and
investigation, the insurer or an agent authorized by an insurer
to act on its behalf shall notify an authorized governmental
agency of such knowledge or reasonable belief and provide any
additional relevant information in accordance with subsection
(b) of this Section. When the motor vehicle theft or motor
vehicle claim that gives rise to the suspected criminal or
fraudulent act has already generated an incident report to an
Illinois authorized governmental agency, the insurer shall
report the suspected criminal or fraudulent act to that agency.
When no prior incident report has been made, the insurer shall
report the suspected criminal or fraudulent act to the Attorney
General or State's Attorney in the county or counties where the

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incident is claimed to have occurred. When the incident that
gives rise to the suspected criminal or fraudulent act is
claimed to have occurred outside the State of Illinois, but the
suspected criminal or fraudulent act occurs within the State of
Illinois, the insurer shall make the report to the Attorney
General or State's Attorney in the county or counties where the
suspected criminal or fraudulent act occurred. When the fraud
occurs in multiple counties the report shall also be sent to
the Attorney General.
(d) When an insurer provides any of the authorized
governmental agencies with notice pursuant to this Section it
shall be deemed sufficient notice to all authorized
governmental agencies for the purpose of this Act.
(e) The authorized governmental agency provided with
information pursuant to this Section may release or provide
such information to any other authorized governmental agency.
(f) Any insurer providing information to an authorized
governmental agency pursuant to this Section shall have the
right to request and receive relevant information from such
authorized governmental agency, and receive within a
reasonable time after the completion of the investigation, not
to exceed 30 days, the information requested.
(g) Any information furnished pursuant to this Section
shall be privileged and not a part of any public record. Except
as otherwise provided by law, any authorized governmental
agency, insurer, or an agent authorized by an insurer to act on

SB3642 - 868 - LRB101 20589 WGH 70218 b
its behalf which receives any information furnished pursuant to
this Section, shall not release such information to public
inspection. Such evidence or information shall not be subject
to subpoena duces tecum in a civil or criminal proceeding
unless, after reasonable notice to any insurer, agent
authorized by an insurer to act on its behalf and authorized
governmental agency which has an interest in such information
and a hearing, the court determines that the public interest
and any ongoing investigation by the authorized governmental
agency, insurer, or any agent authorized by an insurer to act
on its behalf will not be jeopardized by obedience to such a
subpoena duces tecum.
(h) No insurer, or agent authorized by an insurer on its
behalf, authorized governmental agency or their respective
employees shall be subject to any civil or criminal liability
in a cause of action of any kind for releasing or receiving any
information pursuant to this Section. Nothing herein is
intended to or does in any way or manner abrogate or lessen the
common and statutory law privileges and immunities of an
insurer, agent authorized by an insurer to act on its behalf or
authorized governmental agency or any of their respective
employees.
(Source: P.A. 92-233, eff. 1-1-02.)
(215 ILCS 5/401) (from Ch. 73, par. 1013)
Sec. 401. General powers of the director. The Director is

SB3642 - 869 - LRB101 20589 WGH 70218 b
charged with the rights, powers and duties appertaining to the
enforcement and execution of all the insurance laws of this
State. He shall have the power
(a) to make reasonable rules and regulations as may be
necessary for making effective such laws;
(b) to conduct such investigations as may be necessary
to determine whether any person has violated any provision
of such insurance laws;
(c) to conduct such examinations, investigations and
hearings in addition to those specifically provided for, as
may be necessary and proper for the efficient
administration of the insurance laws of this State; and
(d) to institute such actions or other lawful
proceedings as he may deem necessary for the enforcement of
the Illinois Insurance Code or of any Order or action made
or taken by him under this Code. The Attorney General, upon
request of the Director, may proceed in the courts of this
State to enforce an Order or decision in any court
proceeding or in any administrative proceeding before the
Director.
Whenever the Director is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out his statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS

SB3642 - 870 - LRB101 20589 WGH 70218 b
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
meet the requirements of such authorization or statutes.
(Source: P.A. 91-239, eff. 1-1-00.)
(215 ILCS 5/1520)
Sec. 1520. Application for license.
(a) A person applying for a public adjuster license shall
make application to the Director on the appropriate uniform
application or other application prescribed by the Director.
(b) The applicant shall declare under penalty of perjury
and under penalty of refusal, suspension, or revocation of the
license that the statements made in the application are true,
correct, and complete to the best of the applicant's knowledge
and belief.
(c) In order to make a determination of license
eligibility, the Director is authorized to require all
applicants for licensing, including renewal applicants, to
undergo a fingerprint-based criminal history record check for
the first year following the effective date of this amendatory
Act of the 97th General Assembly. The fingerprints and the fee
required to perform the criminal history record checks shall be
submitted to the Illinois Department of State Police and the
Federal Bureau of Investigation (FBI) to conduct a State and
national criminal history record check. The Illinois

SB3642 - 871 - LRB101 20589 WGH 70218 b
Department of State Police and the Federal Bureau of
Investigation shall furnish to the Department of Insurance all
records of convictions, unless or until expunged, pursuant to
the fingerprint-based criminal history records check. The
Illinois Department of State Police shall charge a fee for
conducting such checks, which fee shall be deposited into the
State Police Services Fund and shall not exceed the cost of the
inquiry. The applicant shall be required to pay all fees
associated with conducting the criminal history record check.
(d) The Director may adopt rules to establish procedures
necessary to carry out the requirements of subsection (c) of
this Section.
(e) The Director is authorized to submit electronic
fingerprint records and necessary identifying information to
the NAIC, its affiliates, or subsidiaries for permanent
retention in a centralized repository. The purpose of such a
centralized repository is to provide Directors with access to
fingerprint records in order to perform criminal history record
checks.
(f) Until such time as the Director can obtain and receive
national criminal history records, the applicant shall obtain a
copy of his or her fingerprints and complete criminal history
record from the FBI Criminal Justice Information Services
Division and the Illinois State Police and provide such
information to the Department of Insurance.
(Source: P.A. 96-1332, eff. 1-1-11; 97-207, eff. 7-28-11.)

SB3642 - 872 - LRB101 20589 WGH 70218 b
Section 580. The Public Utilities Act is amended by
changing Section 4-101 as follows:
(220 ILCS 5/4-101) (from Ch. 111 2/3, par. 4-101)
Sec. 4-101. The Commerce Commission shall have general
supervision of all public utilities, except as otherwise
provided in this Act, shall inquire into the management of the
business thereof and shall keep itself informed as to the
manner and method in which the business is conducted. It shall
examine those public utilities and keep informed as to their
general condition, their franchises, capitalization, rates and
other charges, and the manner in which their plants, equipment
and other property owned, leased, controlled or operated are
managed, conducted and operated, not only with respect to the
adequacy, security and accommodation afforded by their service
but also with respect to their compliance with this Act and any
other law, with the orders of the Commission and with the
charter and franchise requirements.
Whenever the Commission is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is

SB3642 - 873 - LRB101 20589 WGH 70218 b
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
The Commission shall require all public utilities to
establish a security policy that includes on-site safeguards to
restrict physical or electronic access to critical
infrastructure and computerized control and data systems. The
Commission shall maintain a record of and each regulated entity
shall provide to the Commission an annual affidavit signed by a
representative of the regulated entity that states:
(1) that the entity has a security policy in place;
(2) that the entity has conducted at least one practice
exercise based on the security policy within the 12 months
immediately preceding the date of the affidavit; and
(3) with respect to any entity that is an electric
public utility, that the entity follows, at a minimum, the
most current security standards set forth by the North
American Electric Reliability Council.
(Source: P.A. 94-480, eff. 1-1-06; 94-735, eff. 5-1-06.)
Section 585. The Child Care Act of 1969 is amended by
changing Section 4.1 as follows:
(225 ILCS 10/4.1) (from Ch. 23, par. 2214.1)
Sec. 4.1. Criminal Background Investigations. The
Department shall require that each child care facility license

SB3642 - 874 - LRB101 20589 WGH 70218 b
applicant as part of the application process, and each employee
and volunteer of a child care facility or non-licensed service
provider, as a condition of employment, authorize an
investigation to determine if such applicant, employee, or
volunteer has ever been charged with a crime and if so, the
disposition of those charges; this authorization shall
indicate the scope of the inquiry and the agencies which may be
contacted. Upon this authorization, the Director shall request
and receive information and assistance from any federal, State
or local governmental agency as part of the authorized
investigation. Each applicant, employee, or volunteer of a
child care facility or non-licensed service provider shall
submit his or her fingerprints to the Illinois Department of
State Police in the form and manner prescribed by the Illinois
Department of State Police. These fingerprints shall be checked
against the fingerprint records now and hereafter filed in the
Illinois Department of State Police and Federal Bureau of
Investigation criminal history records databases. The Illinois
Department of State Police shall charge a fee for conducting
the criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois Department of State
Police shall provide information concerning any criminal
charges, and their disposition, now or hereafter filed, against
an applicant, employee, or volunteer of a child care facility
or non-licensed service provider upon request of the Department

SB3642 - 875 - LRB101 20589 WGH 70218 b
of Children and Family Services when the request is made in the
form and manner required by the Illinois Department of State
Police.
Information concerning convictions of a license applicant,
employee, or volunteer of a child care facility or non-licensed
service provider investigated under this Section, including
the source of the information and any conclusions or
recommendations derived from the information, shall be
provided, upon request, to such applicant, employee, or
volunteer of a child care facility or non-licensed service
provider prior to final action by the Department on the
application. State conviction information provided by the
Illinois Department of State Police regarding employees,
prospective employees, or volunteers of non-licensed service
providers and child care facilities licensed under this Act
shall be provided to the operator of such facility, and, upon
request, to the employee, prospective employee, or volunteer of
a child care facility or non-licensed service provider. Any
information concerning criminal charges and the disposition of
such charges obtained by the Department shall be confidential
and may not be transmitted outside the Department, except as
required herein, and may not be transmitted to anyone within
the Department except as needed for the purpose of evaluating
an application or an employee or volunteer of a child care
facility or non-licensed service provider. Only information
and standards which bear a reasonable and rational relation to

SB3642 - 876 - LRB101 20589 WGH 70218 b
the performance of a child care facility shall be used by the
Department or any licensee. Any employee of the Department of
Children and Family Services, Illinois Department of State
Police, or a child care facility receiving confidential
information under this Section who gives or causes to be given
any confidential information concerning any criminal
convictions of an applicant, employee, or volunteer of a child
care facility or non-licensed service provider, shall be guilty
of a Class A misdemeanor unless release of such information is
authorized by this Section.
A child care facility may hire, on a probationary basis,
any employee or volunteer of a child care facility or
non-licensed service provider authorizing a criminal
background investigation under this Section, pending the
result of such investigation. Employees and volunteers of a
child care facility or non-licensed service provider shall be
notified prior to hiring that such employment may be terminated
on the basis of criminal background information obtained by the
facility.
(Source: P.A. 98-570, eff. 8-27-13.)
Section 590. The Health Care Worker Background Check Act is
amended by changing Sections 15, 33, 45, 65, and 70 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. In this Act:

SB3642 - 877 - LRB101 20589 WGH 70218 b
"Applicant" means an individual enrolling in a training
program, seeking employment, whether paid or on a volunteer
basis, with a health care employer who has received a bona fide
conditional offer of employment.
"Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant, which
is contingent upon the receipt of a report from the Department
of Public Health indicating that the applicant does not have a
record of conviction of any of the criminal offenses enumerated
in Section 25.
"Department" means the Department of Public Health.
"Direct care" means the provision of nursing care or
assistance with feeding, dressing, movement, bathing,
toileting, or other personal needs, including home services as
defined in the Home Health, Home Services, and Home Nursing
Agency Licensing Act. The entity responsible for inspecting and
licensing, certifying, or registering the health care employer
may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care
employers that it licenses.
"Director" means the Director of Public Health.
"Disqualifying offenses" means those offenses set forth in
Section 25 of this Act.
"Employee" means any individual hired, employed, or
retained, whether paid or on a volunteer basis, to which this
Act applies.

SB3642 - 878 - LRB101 20589 WGH 70218 b
"Finding" means the Department's determination of whether
an allegation is verified and substantiated.
"Fingerprint-based criminal history records check" means a
livescan fingerprint-based criminal history records check
submitted as a fee applicant inquiry in the form and manner
prescribed by the Illinois Department of State Police.
"Health care employer" means:
(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;
(iii) a long-term care facility;
(iv) a home health agency, home services agency, or
home nursing agency as defined in the Home Health, Home
Services, and Home Nursing Agency Licensing Act;
(v) a hospice care program or volunteer hospice
program, as defined in the Hospice Program Licensing
Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) (blank);
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;

SB3642 - 879 - LRB101 20589 WGH 70218 b
(ix-a) an establishment licensed under the
Assisted Living and Shared Housing Act;
(x) a supportive living program, as defined in the
Illinois Public Aid Code;
(xi) early childhood intervention programs as
described in 59 Ill. Adm. Code 121;
(xii) the University of Illinois Hospital,
Chicago;
(xiii) programs funded by the Department on Aging
through the Community Care Program;
(xiv) programs certified to participate in the
Supportive Living Program authorized pursuant to
Section 5-5.01a of the Illinois Public Aid Code;
(xv) programs listed by the Emergency Medical
Services (EMS) Systems Act as Freestanding Emergency
Centers;
(xvi) locations licensed under the Alternative
Health Care Delivery Act;
(2) a day training program certified by the Department
of Human Services;
(3) a community integrated living arrangement operated
by a community mental health and developmental service
agency, as defined in the Community-Integrated Living
Arrangements Licensing and Certification Act; or
(4) the State Long Term Care Ombudsman Program,
including any regional long term care ombudsman programs

SB3642 - 880 - LRB101 20589 WGH 70218 b
under Section 4.04 of the Illinois Act on the Aging, only
for the purpose of securing background checks.
"Initiate" means obtaining from a student, applicant, or
employee his or her social security number, demographics, a
disclosure statement, and an authorization for the Department
of Public Health or its designee to request a fingerprint-based
criminal history records check; transmitting this information
electronically to the Department of Public Health; conducting
Internet searches on certain web sites, including without
limitation the Illinois Sex Offender Registry, the Department
of Corrections' Sex Offender Search Engine, the Department of
Corrections' Inmate Search Engine, the Department of
Corrections Wanted Fugitives Search Engine, the National Sex
Offender Public Registry, and the List of Excluded Individuals
and Entities database on the website of the Health and Human
Services Office of Inspector General to determine if the
applicant has been adjudicated a sex offender, has been a
prison inmate, or has committed Medicare or Medicaid fraud, or
conducting similar searches as defined by rule; and having the
student, applicant, or employee's fingerprints collected and
transmitted electronically to the Illinois Department of State
Police.
"Livescan vendor" means an entity whose equipment has been
certified by the Illinois Department of State Police to collect
an individual's demographics and inkless fingerprints and, in a
manner prescribed by the Illinois Department of State Police

SB3642 - 881 - LRB101 20589 WGH 70218 b
and the Department of Public Health, electronically transmit
the fingerprints and required data to the Illinois Department
of State Police and a daily file of required data to the
Department of Public Health. The Department of Public Health
shall negotiate a contract with one or more vendors that
effectively demonstrate that the vendor has 2 or more years of
experience transmitting fingerprints electronically to the
Illinois Department of State Police and that the vendor can
successfully transmit the required data in a manner prescribed
by the Department of Public Health. Vendor authorization may be
further defined by administrative rule.
"Long-term care facility" means a facility licensed by the
State or certified under federal law as a long-term care
facility, including without limitation facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act, a supportive living facility, an assisted living
establishment, or a shared housing establishment or registered
as a board and care home.
"Resident" means a person, individual, or patient under the
direct care of a health care employer or who has been provided
goods or services by a health care employer.
(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
(225 ILCS 46/33)
Sec. 33. Fingerprint-based criminal history records check.

SB3642 - 882 - LRB101 20589 WGH 70218 b
(a) A fingerprint-based criminal history records check is
not required for health care employees who have been
continuously employed by a health care employer since October
1, 2007, have met the requirements for criminal history
background checks prior to October 1, 2007, and have no
disqualifying convictions or requested and received a waiver of
those disqualifying convictions. These employees shall be
retained on the Health Care Worker Registry as long as they
remain active. Nothing in this subsection (a) shall be
construed to prohibit a health care employer from initiating a
criminal history records check for these employees. Should
these employees seek a new position with a different health
care employer, then a fingerprint-based criminal history
records check shall be required.
(b) On October 1, 2007 or as soon thereafter as is
reasonably practical, in the discretion of the Director of
Public Health, and thereafter, any student, applicant, or
employee who desires to be included on the Department of Public
Health's Health Care Worker Registry shall authorize the
Department of Public Health or its designee to request a
fingerprint-based criminal history records check to determine
if the individual has a conviction for a disqualifying offense.
This authorization shall allow the Department of Public Health
to request and receive information and assistance from any
State or governmental agency. Each individual shall submit his
or her fingerprints to the Illinois Department of State Police

SB3642 - 883 - LRB101 20589 WGH 70218 b
in an electronic format that complies with the form and manner
for requesting and furnishing criminal history record
information prescribed by the Illinois Department of State
Police. The fingerprints submitted under this Section shall be
checked against the fingerprint records now and hereafter filed
in the Illinois Department of State Police criminal history
record databases. The Illinois Department of State Police shall
charge a fee for conducting the criminal history records check,
which shall not exceed the actual cost of the records check.
The livescan vendor may act as the designee for individuals,
educational entities, or health care employers in the
collection of Illinois Department of State Police fees and
deposit those fees into the State Police Services Fund. The
Illinois Department of State Police shall provide information
concerning any criminal convictions, now or hereafter filed,
against the individual.
(c) On October 1, 2007 or as soon thereafter as is
reasonably practical, in the discretion of the Director of
Public Health, and thereafter, an educational entity, other
than a secondary school, conducting a nurse aide training
program shall initiate a fingerprint-based criminal history
records check required by this Act prior to entry of an
individual into the training program.
(d) On October 1, 2007 or as soon thereafter as is
reasonably practical, in the discretion of the Director of
Public Health, and thereafter, a health care employer who makes

SB3642 - 884 - LRB101 20589 WGH 70218 b
a conditional offer of employment to an applicant for a
position as an employee shall initiate a fingerprint-based
criminal history record check, requested by the Department of
Public Health, on the applicant, if such a background check has
not been previously conducted. Workforce intermediaries and
organizations providing pro bono legal services may initiate a
fingerprint-based criminal history record check if a
conditional offer of employment has not been made and a
background check has not been previously conducted for an
individual who has a disqualifying conviction and is receiving
services from a workforce intermediary or an organization
providing pro bono legal services.
(e) When initiating a background check requested by the
Department of Public Health, an educational entity, health care
employer, workforce intermediary, or organization that
provides pro bono legal services shall electronically submit to
the Department of Public Health the student's, applicant's, or
employee's social security number, demographics, disclosure,
and authorization information in a format prescribed by the
Department of Public Health within 2 working days after the
authorization is secured. The student, applicant, or employee
shall have his or her fingerprints collected electronically and
transmitted to the Illinois Department of State Police within
10 working days. The educational entity, health care employer,
workforce intermediary, or organization that provides pro bono
legal services shall transmit all necessary information and

SB3642 - 885 - LRB101 20589 WGH 70218 b
fees to the livescan vendor and Illinois Department of State
Police within 10 working days after receipt of the
authorization. This information and the results of the criminal
history record checks shall be maintained by the Department of
Public Health's Health Care Worker Registry.
(f) A direct care employer may initiate a fingerprint-based
background check required by this Act for any of its employees,
but may not use this process to initiate background checks for
residents. The results of any fingerprint-based background
check that is initiated with the Department as the requester
shall be entered in the Health Care Worker Registry.
(g) As long as the employee or trainee has had a
fingerprint-based criminal history record check required by
this Act and stays active on the Health Care Worker Registry,
no further criminal history record checks are required, as the
Illinois Department of State Police shall notify the Department
of Public Health of any additional convictions associated with
the fingerprints previously submitted. Health care employers
shall check the Health Care Worker Registry before hiring an
employee to determine that the individual has had a
fingerprint-based record check required by this Act and has no
disqualifying convictions or has been granted a waiver pursuant
to Section 40 of this Act. If the individual has not had such a
background check or is not active on the Health Care Worker
Registry, then the health care employer shall initiate a
fingerprint-based record check requested by the Department of

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Public Health. If an individual is inactive on the Health Care
Worker Registry, that individual is prohibited from being hired
to work as a certified nursing assistant if, since the
individual's most recent completion of a competency test, there
has been a period of 24 consecutive months during which the
individual has not provided nursing or nursing-related
services for pay. If the individual can provide proof of having
retained his or her certification by not having a
24-consecutive-month break in service for pay, he or she may be
hired as a certified nursing assistant and that employment
information shall be entered into the Health Care Worker
Registry.
(h) On October 1, 2007 or as soon thereafter as is
reasonably practical, in the discretion of the Director of
Public Health, and thereafter, if the Illinois Department of
State Police notifies the Department of Public Health that an
employee has a new conviction of a disqualifying offense, based
upon the fingerprints that were previously submitted, then (i)
the Health Care Worker Registry shall notify the employee's
last known employer of the offense, (ii) a record of the
employee's disqualifying offense shall be entered on the Health
Care Worker Registry, and (iii) the individual shall no longer
be eligible to work as an employee unless he or she obtains a
waiver pursuant to Section 40 of this Act.
(i) On October 1, 2007, or as soon thereafter, in the
discretion of the Director of Public Health, as is reasonably

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practical, and thereafter, each direct care employer or its
designee shall provide an employment verification for each
employee no less than annually. The direct care employer or its
designee shall log into the Health Care Worker Registry through
a secure login. The health care employer or its designee shall
indicate employment and termination dates within 30 days after
hiring or terminating an employee, as well as the employment
category and type. Failure to comply with this subsection (i)
constitutes a licensing violation. A fine of up to $500 may be
imposed for failure to maintain these records. This information
shall be used by the Department of Public Health to notify the
last known employer of any disqualifying offenses that are
reported by the Illinois Department of State Police.
(j) In the event that an applicant or employee has a waiver
for one or more disqualifying offenses pursuant to Section 40
of this Act and he or she is otherwise eligible to work, the
Health Care Worker Registry shall indicate that the applicant
or employee is eligible to work and that additional information
is available on the Health Care Worker Registry. The Health
Care Worker Registry may indicate that the applicant or
employee has received a waiver.
(k) The student, applicant, or employee shall be notified
of each of the following whenever a fingerprint-based criminal
history records check is required:
(1) That the educational entity, health care employer,
or long-term care facility shall initiate a

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fingerprint-based criminal history record check required
by this Act of the student, applicant, or employee.
(2) That the student, applicant, or employee has a
right to obtain a copy of the criminal records report that
indicates a conviction for a disqualifying offense and
challenge the accuracy and completeness of the report
through an established Illinois Department of State Police
procedure of Access and Review.
(3) That the applicant, if hired conditionally, may be
terminated if the criminal records report indicates that
the applicant has a record of a conviction of any of the
criminal offenses enumerated in Section 25, unless the
applicant obtains a waiver pursuant to Section 40 of this
Act.
(4) That the applicant, if not hired conditionally,
shall not be hired if the criminal records report indicates
that the applicant has a record of a conviction of any of
the criminal offenses enumerated in Section 25, unless the
applicant obtains a waiver pursuant to Section 40 of this
Act.
(5) That the employee shall be terminated if the
criminal records report indicates that the employee has a
record of a conviction of any of the criminal offenses
enumerated in Section 25.
(6) If, after the employee has originally been
determined not to have disqualifying offenses, the

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employer is notified that the employee has a new
conviction(s) of any of the criminal offenses enumerated in
Section 25, then the employee shall be terminated.
(l) A health care employer or long-term care facility may
conditionally employ an applicant for up to 3 months pending
the results of a fingerprint-based criminal history record
check requested by the Department of Public Health.
(m) The Department of Public Health or an entity
responsible for inspecting, licensing, certifying, or
registering the health care employer or long-term care facility
shall be immune from liability for notices given based on the
results of a fingerprint-based criminal history record check.
(n) As used in this Section:
"Workforce intermediaries" means organizations that
function to provide job training and employment services.
Workforce intermediaries include institutions of higher
education, faith-based and community organizations, and
workforce investment boards.
"Organizations providing pro bono legal services" means
legal services performed without compensation or at a
significantly reduced cost to the recipient that provide
services designed to help individuals overcome statutory
barriers that would prevent them from entering positions in the
healthcare industry.
(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)

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(225 ILCS 46/45)
Sec. 45. Application fees. Except as otherwise provided in
this Act, the student, applicant, or employee, other than a
nurse aide, may be required to pay all related application and
fingerprinting fees including, but not limited to, the amounts
established by the Illinois Department of State Police to
process fingerprint-based criminal history records checks. If
a health care employer certified to participate in the Medicaid
program pays the fees, the fees shall be a direct pass-through
on the cost report submitted by the employer to the Medicaid
agency.
(Source: P.A. 95-120, eff. 8-13-07.)
(225 ILCS 46/65)
Sec. 65. Health Care Worker Task Force. A Health Care
Worker Task Force shall be appointed to study and make
recommendations on statutory changes to this Act.
(a) The Task Force shall monitor the status of the
implementation of this Act and monitor complaint
investigations relating to this Act by the Department on Aging,
Department of Public Health, Department of Professional
Regulation, and the Department of Human Services to determine
the criminal background, if any, of health care workers who
have had findings of abuse, theft, or exploitation.
(b) The Task Force shall make recommendations concerning
modifications to the list of offenses enumerated in Section 25,

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including time limits on all or some of the disqualifying
offenses, and any other necessary or desirable changes to the
Act.
(c) In the event that proposed rules or changes are
properly submitted to the Task Force and the Task Force fails
to advise the Department within 90 days after receipt of the
proposed rules or changes, final action shall be deemed to have
been taken by the Task Force concerning the proposed rules or
changes.
(d) The Task Force shall be composed of the following
members, who shall serve without pay:
(1) a chairman knowledgeable about health care issues,
who shall be appointed by the Governor;
(2) the Director of Public Health or his or her
designee;
(3) the Director of the Illinois State Police or his or
her designee;
(3.5) the Director of Healthcare and Family Services or
his or her designee;
(3.6) the Secretary of Human Services or his or her
designee;
(3.7) the Director of Aging or his or her designee;
(4) 2 representatives of health care providers, who
shall be appointed by the Governor;
(5) 2 representatives of health care employees, who
shall be appointed by the Governor;

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(5.5) a representative of a Community Care homemaker
program, who shall be appointed by the Governor;
(6) a representative of the general public who has an
interest in health care, who shall be appointed by the
Governor; and
(7) 4 members of the General Assembly, one appointed by
the Speaker of the House, one appointed by the House
Minority Leader, one appointed by the President of the
Senate, and one appointed by the Senate Minority Leader.
(e) The Task Force shall meet at least quarterly, and more
frequently at the discretion of the chairperson. Task Force
members shall serve until a replacement is sworn and qualified.
Nine members appointed to the Task Force constitutes a quorum.
(Source: P.A. 95-331, eff. 8-21-07; 95-987, eff. 10-3-08.)
(225 ILCS 46/70)
Sec. 70. Centers for Medicare and Medicaid Services (CMMS)
grant; Voluntary FBI Fingerprint Demonstration Project.
(a) The General Assembly authorizes the establishment of
the Voluntary FBI Fingerprint Demonstration Project
(Demonstration Project), which shall be consistent with the
provisions of the Centers for Medicare and Medicaid Services
grant awarded to and distributed by the Department of Public
Health pursuant to Title VI, Subtitle B, Part III, Subtitle C,
Section 6201 of the Affordable Care Act of 2010. The
Demonstration Project is authorized to operate for the period

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of January 1, 2014 through December 31, 2014 and shall operate
until the conclusion of this grant period or until the
long-term care facility terminates its participation in the
Demonstration Project, whichever occurs sooner.
(b) The Long-Term Care Facility Advisory Board established
under the Nursing Home Care Act shall act in an advisory
capacity to the Demonstration Project.
(c) Long-term care facilities voluntarily participating in
the Demonstration Project shall, in addition to the provisions
of this Section, comply with all requirements set forth in this
Act. When conflict between the Act and the provisions of this
Section occurs, the provisions of this Section shall supersede
until the conclusion of the grant period or until the long-term
care facility terminates its participation in the
Demonstration Project, whichever occurs sooner.
(d) The Department of Public Health shall select at least
one facility in the State to participate in the Demonstration
Project.
(e) For the purposes of determining who shall be required
to undergo a State and an FBI fingerprint-based criminal
history records check under the Demonstration Project, "direct
access employee" means any individual who has access to a
patient or resident of a long-term care facility or provider
through employment or through a contract with a long-term care
facility or provider and has duties that involve or may involve
one-on-one contact with a resident of the facility or provider,

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as determined by the State for purposes of the Demonstration
Project.
(f) All long-term care facilities licensed under the
Nursing Home Care Act are qualified to volunteer for the
Demonstration Project.
(g) The Department of Public Health shall notify qualified
long-term care facilities within 30 days after the effective
date of this amendatory Act of the 98th General Assembly of the
opportunity to volunteer for the Demonstration Project. The
notice shall include information concerning application
procedures and deadlines, termination rights, requirements for
participation, the selection process, and a
question-and-answer document addressing potential conflicts
between this Act and the provisions of this Section.
(h) Qualified long-term care facilities shall be given a
minimum of 30 days after the date of receiving the notice to
inform the Department of Public Health, in the form and manner
prescribed by the Department of Public Health, of their
interest in volunteering for the Demonstration Project.
Facilities selected for the Demonstration Project shall be
notified, within 30 days after the date of application, of the
effective date that their participation in the Demonstration
Project will begin, which may vary.
(i) The individual applicant shall be responsible for the
cost of each individual fingerprint inquiry, which may be
offset with grant funds, if available.

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(j) Each applicant seeking employment in a position
described in subsection (e) of this Section with a selected
health care employer shall, as a condition of employment, have
his or her fingerprints submitted to the Illinois Department of
State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information by the Illinois Department of State Police
and the Federal Bureau of Investigation criminal history record
databases now and hereafter filed. The Illinois Department of
State Police shall forward the fingerprints to the Federal
Bureau of Investigation for a national criminal history records
check. The Illinois Department of State Police shall charge a
fee for conducting the criminal history records check, which
shall not exceed the actual cost of the records check and shall
be deposited into the State Police Services Fund. The Illinois
Department of State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department of Public Health.
(k) A fingerprint-based criminal history records check
submitted in accordance with subsection (j) of this Section
shall be submitted as a fee applicant inquiry in the form and
manner prescribed by the Illinois Department of State Police.
(l) A long-term care facility may terminate its
participation in the Demonstration Project without prejudice
by providing the Department of Public Health with notice of its
intent to terminate at least 30 days prior to its voluntary

SB3642 - 896 - LRB101 20589 WGH 70218 b
termination.
(m) This Section shall be inapplicable upon the conclusion
of the CMMS grant period.
(Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14;
99-78, eff. 7-20-15.)
Section 595. The Massage Licensing Act is amended by
changing Section 15 as follows:
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2022)
Sec. 15. Licensure requirements.
(a) Persons engaged in massage for compensation must be
licensed by the Department. The Department shall issue a
license to an individual who meets all of the following
requirements:
(1) The applicant has applied in writing on the
prescribed forms and has paid the required fees.
(2) The applicant is at least 18 years of age and of
good moral character. In determining good moral character,
the Department may take into consideration conviction of
any crime under the laws of the United States or any state
or territory thereof that is a felony or a misdemeanor or
any crime that is directly related to the practice of the
profession. Such a conviction shall not operate
automatically as a complete bar to a license, except in the

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case of any conviction for prostitution, rape, or sexual
misconduct, or where the applicant is a registered sex
offender.
(3) The applicant has met one of the following
requirements:
(A) has successfully completed a massage therapy
program approved by the Department that requires a
minimum of 500 hours, except applicants applying on or
after January 1, 2014 shall meet a minimum requirement
of 600 hours, and has passed a competency examination
approved by the Department;
(B) holds a current license from another
jurisdiction having licensure requirements that
include the completion of a massage therapy program of
at least 500 hours; or
(C) (blank).
(b) Each applicant for licensure as a massage therapist
shall have his or her fingerprints submitted to the Illinois
Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Illinois Department of State Police. These fingerprints shall
be checked against the Illinois Department of State Police and
Federal Bureau of Investigation criminal history record
databases now and hereafter filed. The Illinois Department of
State Police shall charge applicants a fee for conducting the

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criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois Department of State
Police shall furnish, pursuant to positive identification,
records of Illinois convictions to the Department. The
Department may require applicants to pay a separate
fingerprinting fee, either to the Department or to a vendor.
The Department, in its discretion, may allow an applicant who
does not have reasonable access to a designated vendor to
provide his or her fingerprints in an alternative manner. The
Department may adopt any rules necessary to implement this
Section.
(Source: P.A. 97-514, eff. 8-23-11.)
Section 600. The Medical Practice Act of 1987 is amended by
changing Sections 7, 9.7, and 65 as follows:
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
(Section scheduled to be repealed on January 1, 2022)
Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois State Medical
Disciplinary Board. The Disciplinary Board shall consist of 11
members, to be appointed by the Governor by and with the advice
and consent of the Senate. All members shall be residents of
the State, not more than 6 of whom shall be members of the same
political party. All members shall be voting members. Five

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members shall be physicians licensed to practice medicine in
all of its branches in Illinois possessing the degree of doctor
of medicine. One member shall be a physician licensed to
practice medicine in all its branches in Illinois possessing
the degree of doctor of osteopathy or osteopathic medicine. One
member shall be a chiropractic physician licensed to practice
in Illinois and possessing the degree of doctor of
chiropractic. Four members shall be members of the public, who
shall not be engaged in any way, directly or indirectly, as
providers of health care.
(B) Members of the Disciplinary Board shall be appointed
for terms of 4 years. Upon the expiration of the term of any
member, his or her their successor shall be appointed for a
term of 4 years by the Governor by and with the advice and
consent of the Senate. The Governor shall fill any vacancy for
the remainder of the unexpired term with the advice and consent
of the Senate. Upon recommendation of the Board, any member of
the Disciplinary Board may be removed by the Governor for
misfeasance, malfeasance, or willful wilful neglect of duty,
after notice, and a public hearing, unless such notice and
hearing shall be expressly waived in writing. Each member shall
serve on the Disciplinary Board until their successor is
appointed and qualified. No member of the Disciplinary Board
shall serve more than 2 consecutive 4 year terms.
In making appointments the Governor shall attempt to insure
that the various social and geographic regions of the State of

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Illinois are properly represented.
In making the designation of persons to act for the several
professions represented on the Disciplinary Board, the
Governor shall give due consideration to recommendations by
members of the respective professions and by organizations
therein.
(C) The Disciplinary Board shall annually elect one of its
voting members as chairperson and one as vice chairperson. No
officer shall be elected more than twice in succession to the
same office. Each officer shall serve until their successor has
been elected and qualified.
(D) (Blank).
(E) Six voting members of the Disciplinary Board, at least
4 of whom are physicians, shall constitute a quorum. A vacancy
in the membership of the Disciplinary Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Disciplinary Board. Any action taken by
the Disciplinary Board under this Act may be authorized by
resolution at any regular or special meeting and each such
resolution shall take effect immediately. The Disciplinary
Board shall meet at least quarterly.
(F) Each member, and member-officer, of the Disciplinary
Board shall receive a per diem stipend as the Secretary shall
determine. Each member shall be paid their necessary expenses
while engaged in the performance of their duties.
(G) The Secretary shall select a Chief Medical Coordinator

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and not less than 2 Deputy Medical Coordinators who shall not
be members of the Disciplinary Board. Each medical coordinator
shall be a physician licensed to practice medicine in all of
its branches, and the Secretary shall set their rates of
compensation. The Secretary shall assign at least one medical
coordinator to a region composed of Cook County and such other
counties as the Secretary may deem appropriate, and such
medical coordinator or coordinators shall locate their office
in Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties in
the State, and such medical coordinator or coordinators shall
locate their office in Springfield. The Chief Medical
Coordinator shall be the chief enforcement officer of this Act.
None of the functions, powers, or duties of the Department with
respect to policies regarding enforcement or discipline under
this Act, including the adoption of such rules as may be
necessary for the administration of this Act, shall be
exercised by the Department except upon review of the
Disciplinary Board.
The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with at
least 2 years of investigative experience or one year of
advanced medical education. Upon the written request of the
Disciplinary Board, the Secretary shall employ, in conformity
with the Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or part-time

SB3642 - 902 - LRB101 20589 WGH 70218 b
basis as the Disciplinary Board deems necessary for the proper
performance of its duties.
(H) Upon the specific request of the Disciplinary Board,
signed by either the chairperson, vice chairperson, or a
medical coordinator of the Disciplinary Board, the Department
of Human Services, the Department of Healthcare and Family
Services, the Illinois Department of State Police, or any other
law enforcement agency located in this State shall make
available any and all information that they have in their
possession regarding a particular case then under
investigation by the Disciplinary Board.
(I) Members of the Disciplinary Board shall be immune from
suit in any action based upon any disciplinary proceedings or
other acts performed in good faith as members of the
Disciplinary Board.
(J) The Disciplinary Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to
serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Disciplinary Board in their investigations
and participation in complaints against physicians. Such
advisors shall serve under contract and shall be reimbursed at
a reasonable rate for the services provided, plus reasonable
expenses incurred. While serving in this capacity, the advisor,

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for any act undertaken in good faith and in the conduct of his
or her duties under this Section, shall be immune from civil
suit.
(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
(225 ILCS 60/9.7)
(Section scheduled to be repealed on January 1, 2022)
Sec. 9.7. Criminal history records background check. Each
applicant for licensure or permit under Sections 9, 18, and 19
shall have his or her fingerprints submitted to the Illinois
Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Illinois Department of State Police. These fingerprints shall
be checked against the Illinois Department of State Police and
Federal Bureau of Investigation criminal history record
databases now and hereafter filed. The Illinois Department of
State Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois Department of State
Police shall furnish, pursuant to positive identification,
records of Illinois convictions to the Department. The
Department may require applicants to pay a separate
fingerprinting fee, either to the Department or to a Department
designated or approved vendor. The Department, in its

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discretion, may allow an applicant who does not have reasonable
access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Department may adopt
any rules necessary to implement this Section.
(Source: P.A. 97-622, eff. 11-23-11.)
(225 ILCS 60/65)
(Section scheduled to be repealed on January 1, 2022)
Sec. 65. Annie LeGere Law; epinephrine auto-injector. A
licensee under this Act may not be subject to discipline for
providing a standing order or prescription for an epinephrine
auto-injector in accordance with Section 40 of the Illinois
State Police Act or Section 10.19 of the Illinois Police
Training Act.
(Source: P.A. 100-648, eff. 7-31-18.)
Section 605. The Nurse Practice Act is amended by changing
Section 50-35 as follows:
(225 ILCS 65/50-35) (was 225 ILCS 65/5-23)
(Section scheduled to be repealed on January 1, 2028)
Sec. 50-35. Criminal history records background check.
Each applicant for licensure by examination or restoration
shall have his or her fingerprints submitted to the Illinois
Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing

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criminal history record information as prescribed by the
Illinois Department of State Police. These fingerprints shall
be checked against the Illinois Department of State Police and
Federal Bureau of Investigation criminal history record
databases now and hereafter filed. The Illinois Department of
State Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois Department of State
Police shall furnish, pursuant to positive identification,
records of Illinois convictions to the Department. The
Department may require applicants to pay a separate
fingerprinting fee, either to the Department or to a vendor.
The Department, in its discretion, may allow an applicant who
does not have reasonable access to a designated vendor to
provide his or her fingerprints in an alternative manner. The
Department may adopt any rules necessary to implement this
Section.
(Source: P.A. 95-639, eff. 10-5-07.)
Section 610. The Nursing Home Administrators Licensing and
Disciplinary Act is amended by changing Section 5.1 as follows:
(225 ILCS 70/5.1)
(Section scheduled to be repealed on January 1, 2028)
Sec. 5.1. Powers and duties; rules. The Department shall

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exercise the powers and duties prescribed by the Civil
Administrative Code of Illinois for administration of
licensing acts and shall exercise such other powers and duties
necessary for effectuating the purposes of this Act. The
Department shall adopt rules to implement, interpret, make
specific the provisions and purposes of this Act, and may
prescribe forms that shall be issued in connection with
rulemaking. The Department shall transmit the proposed
rulemaking to the Board.
The Department may solicit the advice of the Board on any
matter relating to the administration and enforcement of this
Act.
Upon the written request of the Department, the Department
of Public Health, the Department of Human Services or the
Illinois Department of State Police may cooperate and assist in
any investigation undertaken by the Board.
(Source: P.A. 100-675, eff. 8-3-18.)
Section 615. The Wholesale Drug Distribution Licensing Act
is amended by changing Section 25 as follows:
(225 ILCS 120/25) (from Ch. 111, par. 8301-25)
(Section scheduled to be repealed on January 1, 2023)
Sec. 25. Wholesale drug distributor licensing
requirements.
(a) Every resident wholesale distributor who engages in the

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wholesale distribution of prescription drugs must be licensed
by the Department, and every non-resident wholesale
distributor must be licensed in this State if it ships
prescription drugs into this State, in accordance with this
Act, before engaging in wholesale distributions of wholesale
prescription drugs.
(b) The Department shall require without limitation all of
the following information from each applicant for licensure
under this Act:
(1) The name, full business address, and telephone
number of the licensee.
(2) All trade or business names used by the licensee.
(3) Addresses, telephone numbers, and the names of
contact persons for all facilities used by the licensee for
the storage, handling, and distribution of prescription
drugs.
(4) The type of ownership or operation, such as a
partnership, corporation, or sole proprietorship.
(5) The name of the owner or operator of the wholesale
distributor, including:
(A) if a natural person, the name of the natural
person;
(B) if a partnership, the name of each partner and
the name of the partnership;
(C) if a corporation, the name and title of each
corporate officer and director, the corporate names,

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and the name of the state of incorporation; and
(D) if a sole proprietorship, the full name of the
sole proprietor and the name of the business entity.
(6) A list of all licenses and permits issued to the
applicant by any other state that authorizes the applicant
to purchase or possess prescription drugs.
(7) The name of the designated representative for the
wholesale distributor, together with the personal
information statement and fingerprints, as required under
subsection (c) of this Section.
(8) Minimum liability insurance and other insurance as
defined by rule.
(9) Any additional information required by the
Department.
(c) Each wholesale distributor must designate an
individual representative who shall serve as the contact person
for the Department. This representative must provide the
Department with all of the following information:
(1) Information concerning whether the person has been
enjoined, either temporarily or permanently, by a court of
competent jurisdiction from violating any federal or State
law regulating the possession, control, or distribution of
prescription drugs or criminal violations, together with
details concerning any such event.
(2) A description of any involvement by the person with
any business, including any investments, other than the

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ownership of stock in a publicly traded company or mutual
fund which manufactured, administered, prescribed,
distributed, or stored pharmaceutical products and any
lawsuits in which such businesses were named as a party.
(3) A description of any misdemeanor or felony criminal
offense of which the person, as an adult, was found guilty,
regardless of whether adjudication of guilt was withheld or
whether the person pled guilty or nolo contendere. If the
person indicates that a criminal conviction is under appeal
and submits a copy of the notice of appeal of that criminal
offense, the applicant must, within 15 days after the
disposition of the appeal, submit to the Department a copy
of the final written order of disposition.
(4) The designated representative of an applicant for
licensure as a wholesale drug distributor shall have his or
her fingerprints submitted to the Illinois Department of
State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal
history record information as prescribed by the Illinois
Department of State Police. These fingerprints shall be
checked against the Illinois Department of State Police and
Federal Bureau of Investigation criminal history record
databases now and hereafter filed. The Illinois Department
of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall
be deposited into the State Police Services Fund and shall

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not exceed the actual cost of the records check. The
Illinois Department of State Police shall furnish,
pursuant to positive identification, records of Illinois
convictions to the Department. The Department may require
applicants to pay a separate fingerprinting fee, either to
the Department or to a vendor. The Department, in its
discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or
her fingerprints in an alternative manner. The Department
may adopt any rules necessary to implement this Section.
The designated representative of a licensee shall
receive and complete continuing training in applicable
federal and State laws governing the wholesale
distribution of prescription drugs.
(d) The Department may not issue a wholesale distributor
license to an applicant, unless the Department first:
(1) ensures that a physical inspection of the facility
satisfactory to the Department has occurred at the address
provided by the applicant, as required under item (1) of
subsection (b) of this Section; and
(2) determines that the designated representative
meets each of the following qualifications:
(A) He or she is at least 21 years of age.
(B) He or she has been employed full-time for at
least 3 years in a pharmacy or with a wholesale
distributor in a capacity related to the dispensing and

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distribution of, and recordkeeping relating to,
prescription drugs.
(C) He or she is employed by the applicant full
time in a managerial level position.
(D) He or she is actively involved in and aware of
the actual daily operation of the wholesale
distributor.
(E) He or she is physically present at the facility
of the applicant during regular business hours, except
when the absence of the designated representative is
authorized, including without limitation sick leave
and vacation leave.
(F) He or she is serving in the capacity of a
designated representative for only one applicant at a
time, except where more than one licensed wholesale
distributor is co-located in the same facility and such
wholesale distributors are members of an affiliated
group, as defined in Section 1504 of the Internal
Revenue Code.
(e) If a wholesale distributor distributes prescription
drugs from more than one facility, the wholesale distributor
shall obtain a license for each facility.
(f) The information provided under this Section may not be
disclosed to any person or entity other than the Department or
another government entity in need of such information for
licensing or monitoring purposes.

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(Source: P.A. 97-804, eff. 1-1-13.)
Section 625. The Pyrotechnic Distributor and Operator
Licensing Act is amended by changing Sections 40 and 45 as
follows:
(225 ILCS 227/40)
Sec. 40. Fingerprint card; fees. The Office may require
each applicant to file with his or her application a
fingerprint card in the form and manner required by the
Illinois Department of State Police to enable the Illinois
Department of State Police to conduct a criminal history check
on the applicant.
The Office may require each applicant to submit, in
addition to the license fee, a fee specified by the Illinois
Department of State Police for processing fingerprint cards,
which may be made payable to the State Police Services Fund and
shall be remitted to the Illinois Department of State Police
for deposit into that Fund.
(Source: P.A. 93-263, eff. 7-22-03.)
(225 ILCS 227/45)
Sec. 45. Investigation. Upon receipt of an application, the
Office shall investigate the eligibility of the applicant. The
Office has authority to request and receive from any federal,
state or local governmental agency such information and

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assistance as will enable it to carry out its powers and duties
under this Act. The Illinois Department of State Police shall
cause the fingerprints of each applicant to be compared with
fingerprints of criminals filed with the Illinois Department of
State Police or with federal law enforcement agencies
maintaining official fingerprint files.
(Source: P.A. 93-263, eff. 7-22-03.)
Section 635. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Sections 5-10, 10-5, 10-25, 31-5, 31-10,
31-15, 31-20, 31-25, 35-30, and 40-10 as follows:
(225 ILCS 447/5-10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit.
"Advertisement" means any public media, including printed
or electronic material, that is published or displayed in a
phone book, newspaper, magazine, pamphlet, newsletter,
website, or other similar type of publication or electronic
format that is intended to either attract business or merely
provide contact information to the public for an agency or

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licensee. Advertisement shall not include a licensee's or an
agency's letterhead, business cards, or other stationery used
in routine business correspondence or customary name, address,
and number type listings in a telephone directory.
"Alarm system" means any system, including an electronic
access control system, a surveillance video system, a security
video system, a burglar alarm system, a fire alarm system, or
any other electronic system that activates an audible, visible,
remote, or recorded signal that is designed for the protection
or detection of intrusion, entry, theft, fire, vandalism,
escape, or trespass, or other electronic systems designed for
the protection of life by indicating the existence of an
emergency situation. "Alarm system" also includes an emergency
communication system and a mass notification system.
"Applicant" means a person or business applying for
licensure, registration, or authorization under this Act. Any
applicant or person who holds himself or herself out as an
applicant is considered a licensee or registrant for the
purposes of enforcement, investigation, hearings, and the
Illinois Administrative Procedure Act.
"Armed employee" means a licensee or registered person who
is employed by an agency licensed or an armed proprietary
security force registered under this Act who carries a weapon
while engaged in the performance of official duties within the
course and scope of his or her employment during the hours and
times the employee is scheduled to work or is commuting between

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his or her home or place of employment.
"Armed proprietary security force" means a security force
made up of one or more armed individuals employed by a
commercial or industrial operation or by a financial
institution as security officers for the protection of persons
or property.
"Board" means the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Board.
"Branch office" means a business location removed from the
place of business for which an agency license has been issued,
including, but not limited to, locations where active employee
records that are required to be maintained under this Act are
kept, where prospective new employees are processed, or where
members of the public are invited in to transact business. A
branch office does not include an office or other facility
located on the property of an existing client that is utilized
solely for the benefit of that client and is not owned or
leased by the agency.
"Canine handler" means a person who uses or handles a
trained dog to protect persons or property or to conduct
investigations.
"Canine handler authorization card" means a card issued by
the Department that authorizes the holder to use or handle a
trained dog to protect persons or property or to conduct
investigations during the performance of his or her duties as
specified in this Act.

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"Canine trainer" means a person who acts as a dog trainer
for the purpose of training dogs to protect persons or property
or to conduct investigations.
"Canine trainer authorization card" means a card issued by
the Department that authorizes the holder to train a dog to
protect persons or property or to conduct investigations during
the performance of his or her duties as specified in this Act.
"Canine training facility" means a facility operated by a
licensed private detective agency or private security
contractor agency wherein dogs are trained for the purposes of
protecting persons or property or to conduct investigations.
"Corporation" means an artificial person or legal entity
created by or under the authority of the laws of a state,
including without limitation a corporation, limited liability
company, or any other legal entity.
"Department" means the Department of Financial and
Professional Regulation.
"Emergency communication system" means any system that
communicates information about emergencies, including but not
limited to fire, terrorist activities, shootings, other
dangerous situations, accidents, and natural disasters.
"Employee" means a person who works for a person or agency
that has the right to control the details of the work performed
and is not dependent upon whether or not federal or state
payroll taxes are withheld.
"Fingerprint vendor" means a person that offers,

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advertises, or provides services to fingerprint individuals,
through electronic or other means, for the purpose of providing
fingerprint images and associated demographic data to the
Illinois Department of State Police for processing fingerprint
based criminal history record information inquiries.
"Fingerprint vendor agency" means a person, firm,
corporation, or other legal entity that engages in the
fingerprint vendor business and employs, in addition to the
fingerprint vendor licensee-in-charge, at least one other
person in conducting that business.
"Fingerprint vendor licensee-in-charge" means a person who
has been designated by a fingerprint vendor agency to be the
licensee-in-charge of an agency who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
"Fire alarm system" means any system that is activated by
an automatic or manual device in the detection of smoke, heat,
or fire that activates an audible, visible, or remote signal
requiring a response.
"Firearm control card" means a card issued by the
Department that authorizes the holder, who has complied with
the training and other requirements of this Act, to carry a

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weapon during the performance of his or her duties as specified
in this Act.
"Firm" means an unincorporated business entity, including
but not limited to proprietorships and partnerships.
"Licensee" means a person or business licensed under this
Act. Anyone who holds himself or herself out as a licensee or
who is accused of unlicensed practice is considered a licensee
for purposes of enforcement, investigation, hearings, and the
Illinois Administrative Procedure Act.
"Locksmith" means a person who engages in a business or
holds himself out to the public as providing a service that
includes, but is not limited to, the servicing, installing,
originating first keys, re-coding, repairing, maintaining,
manipulating, or bypassing of a mechanical or electronic
locking device, access control or video surveillance system at
premises, vehicles, safes, vaults, safe deposit boxes, or
automatic teller machines.
"Locksmith agency" means a person, firm, corporation, or
other legal entity that engages in the locksmith business and
employs, in addition to the locksmith licensee-in-charge, at
least one other person in conducting such business.
"Locksmith licensee-in-charge" means a person who has been
designated by agency to be the licensee-in-charge of an agency,
who is a full-time management employee or owner who assumes
sole responsibility for maintaining all records required by
this Act, and who assumes sole responsibility for assuring the

SB3642 - 919 - LRB101 20589 WGH 70218 b
licensed agency's compliance with its responsibilities as
stated in this Act. The Department shall adopt rules mandating
licensee-in-charge participation in agency affairs.
"Mass notification system" means any system that is used to
provide information and instructions to people in a building or
other space using voice communications, including visible
signals, text, graphics, tactile, or other communication
methods.
"Peace officer" or "police officer" means a person who, by
virtue of office or public employment, is vested by law with a
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses. Officers, agents, or employees of the
federal government commissioned by federal statute to make
arrests for violations of federal laws are considered peace
officers.
"Permanent employee registration card" means a card issued
by the Department to an individual who has applied to the
Department and meets the requirements for employment by a
licensed agency under this Act.
"Person" means a natural person.
"Private alarm contractor" means a person who engages in a
business that individually or through others undertakes,
offers to undertake, purports to have the capacity to
undertake, or submits a bid to sell, install, design, monitor,
maintain, alter, repair, replace, or service alarm and other

SB3642 - 920 - LRB101 20589 WGH 70218 b
security-related systems or parts thereof, including fire
alarm systems, at protected premises or premises to be
protected or responds to alarm systems at a protected premises
on an emergency basis and not as a full-time security officer.
"Private alarm contractor" does not include a person, firm, or
corporation that manufactures or sells alarm systems only from
its place of business and does not sell, install, monitor,
maintain, alter, repair, replace, service, or respond to alarm
systems at protected premises or premises to be protected.
"Private alarm contractor agency" means a person,
corporation, or other entity that engages in the private alarm
contracting business and employs, in addition to the private
alarm contractor-in-charge, at least one other person in
conducting such business.
"Private alarm contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act, and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
"Private detective" means any person who by any means,
including, but not limited to, manual, canine odor detection,
or electronic methods, engages in the business of, accepts

SB3642 - 921 - LRB101 20589 WGH 70218 b
employment to furnish, or agrees to make or makes
investigations for a fee or other consideration to obtain
information relating to:
(1) Crimes or wrongs done or threatened against the
United States, any state or territory of the United States,
or any local government of a state or territory.
(2) The identity, habits, conduct, business
occupation, honesty, integrity, credibility, knowledge,
trustworthiness, efficiency, loyalty, activity, movements,
whereabouts, affiliations, associations, transactions,
acts, reputation, or character of any person, firm, or
other entity by any means, manual or electronic.
(3) The location, disposition, or recovery of lost or
stolen property.
(4) The cause, origin, or responsibility for fires,
accidents, or injuries to individuals or real or personal
property.
(5) The truth or falsity of any statement or
representation.
(6) Securing evidence to be used before any court,
board, or investigating body.
(7) The protection of individuals from bodily harm or
death (bodyguard functions).
(8) Service of process in criminal and civil
proceedings.
"Private detective agency" means a person, firm,

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corporation, or other legal entity that engages in the private
detective business and employs, in addition to the
licensee-in-charge, one or more persons in conducting such
business.
"Private detective licensee-in-charge" means a person who
has been designated by an agency to be the licensee-in-charge
of an agency, who is a full-time management employee or owner
who assumes sole responsibility for maintaining all records
required by this Act, and who assumes sole responsibility for
assuring the licensed agency's compliance with its
responsibilities as stated in this Act. The Department shall
adopt rules mandating licensee-in-charge participation in
agency affairs.
"Private security contractor" means a person who engages in
the business of providing a private security officer, watchman,
patrol, guard dog, canine odor detection, or a similar service
by any other title or name on a contractual basis for another
person, firm, corporation, or other entity for a fee or other
consideration and performing one or more of the following
functions:
(1) The prevention or detection of intrusion, entry,
theft, vandalism, abuse, fire, or trespass on private or
governmental property.
(2) The prevention, observation, or detection of any
unauthorized activity on private or governmental property.
(3) The protection of persons authorized to be on the

SB3642 - 923 - LRB101 20589 WGH 70218 b
premises of the person, firm, or other entity for which the
security contractor contractually provides security
services.
(4) The prevention of the misappropriation or
concealment of goods, money, bonds, stocks, notes,
documents, or papers.
(5) The control, regulation, or direction of the
movement of the public for the time specifically required
for the protection of property owned or controlled by the
client.
(6) The protection of individuals from bodily harm or
death (bodyguard functions).
"Private security contractor agency" means a person, firm,
corporation, or other legal entity that engages in the private
security contractor business and that employs, in addition to
the licensee-in-charge, one or more persons in conducting such
business.
"Private security contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act, and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act. The
Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.

SB3642 - 924 - LRB101 20589 WGH 70218 b
"Public member" means a person who is not a licensee or
related to a licensee, or who is not an employer or employee of
a licensee. The term "related to" shall be determined by the
rules of the Department.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/10-5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10-5. Requirement of license.
(a) It is unlawful for a person to act as or provide the
functions of a private detective, private security contractor,
private alarm contractor, fingerprint vendor, or locksmith or
to advertise or to assume to act as any one of these, or to use
these or any other title implying that the person is engaged in
any of these activities unless licensed as such by the
Department. An individual or sole proprietor who does not
employ any employees other than himself or herself may operate
under a "doing business as" or assumed name certification
without having to obtain an agency license, so long as the
assumed name is first registered with the Department.
(b) It is unlawful for a person, firm, corporation, or
other legal entity to act as an agency licensed under this Act,
to advertise, or to assume to act as a licensed agency or to
use a title implying that the person, firm, or other entity is

SB3642 - 925 - LRB101 20589 WGH 70218 b
engaged in the practice as a private detective agency, private
security contractor agency, private alarm contractor agency,
fingerprint vendor agency, or locksmith agency unless licensed
by the Department.
(c) No agency shall operate a branch office without first
applying for and receiving a branch office license for each
location.
(d) Beginning 12 months after the adoption of rules
providing for the licensure of fingerprint vendors under this
Act, it is unlawful for a person to operate live scan
fingerprint equipment or other equipment designed to obtain
fingerprint images for the purpose of providing fingerprint
images and associated demographic data to the Illinois
Department of State Police, unless he or she has successfully
completed a fingerprint training course conducted or
authorized by the Illinois Department of State Police and is
licensed as a fingerprint vendor.
(e) Beginning 12 months after the adoption of rules
providing for the licensure of canine handlers and canine
trainers under this Act, no person shall operate a canine
training facility unless licensed as a private detective agency
or private security contractor agency under this Act, and no
person shall act as a canine trainer unless he or she is
licensed as a private detective or private security contractor
or is a registered employee of a private detective agency or
private security contractor agency approved by the Department.

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(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/10-25)
(Section scheduled to be repealed on January 1, 2024)
Sec. 10-25. Issuance of license; renewal; fees.
(a) The Department shall, upon the applicant's
satisfactory completion of the requirements set forth in this
Act and upon receipt of the fee, issue the license indicating
the name and business location of the licensee and the date of
expiration.
(b) An applicant may, upon satisfactory completion of the
requirements set forth in this Act and upon receipt of fees
related to the application and testing for licensure, elect to
defer the issuance of the applicant's initial license for a
period not longer than 3 years. An applicant who fails to
request issuance of his or her initial license or agency
license and to remit the fees required for that license within
3 years shall be required to resubmit an application together
with all required fees.
(c) The expiration date, renewal period, and conditions for
renewal and restoration of each license, permanent employee
registration card, canine handler authorization card, canine
trainer authorization card, and firearm control card shall be
set by rule. The holder may renew the license, permanent
employee registration card, canine handler authorization card,
canine trainer authorization card, or firearm control card

SB3642 - 927 - LRB101 20589 WGH 70218 b
during the 30 days preceding its expiration by paying the
required fee and by meeting conditions that the Department may
specify. Any license holder who notifies the Department on
forms prescribed by the Department may place his or her license
on inactive status for a period of not longer than 3 years and
shall, subject to the rules of the Department, be excused from
payment of renewal fees until the license holder notifies the
Department, in writing, of an intention to resume active
status. Practice while on inactive status constitutes
unlicensed practice. A non-renewed license that has lapsed for
less than 3 years may be restored upon payment of the
restoration fee and all lapsed renewal fees. A license that has
lapsed for more than 3 years may be restored by paying the
required restoration fee and all lapsed renewal fees and by
providing evidence of competence to resume practice
satisfactory to the Department and the Board, which may include
passing a written examination. All restoration fees and lapsed
renewal fees shall be waived for an applicant whose license
lapsed while on active duty in the armed forces of the United
States if application for restoration is made within 12 months
after discharge from the service.
Any person seeking renewal or restoration under this
subsection (c) shall be subject to the continuing education
requirements established pursuant to Section 10-27 of this Act.
(d) Any permanent employee registration card expired for
less than one year may be restored upon payment of lapsed

SB3642 - 928 - LRB101 20589 WGH 70218 b
renewal fees. Any permanent employee registration card expired
for one year or more may be restored by making application to
the Department and filing proof acceptable to the Department of
the licensee's fitness to have the permanent employee
registration card restored, including verification of
fingerprint processing through the Illinois Department of
State Police and Federal Bureau of Investigation and paying the
restoration fee.
(Source: P.A. 98-253, eff. 8-9-13.)
(225 ILCS 447/31-5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 31-5. Exemptions.
(a) The provisions of this Act regarding fingerprint
vendors do not apply to any of the following, if the person
performing the service does not hold himself or herself out as
a fingerprint vendor or fingerprint vendor agency:
(1) An employee of the United States, Illinois, or a
political subdivision, including public school districts,
of either while the employee is engaged in the performance
of his or her official duties within the scope of his or
her employment. However, any such person who offers his or
her services as a fingerprint vendor or uses a similar
title when these services are performed for compensation or
other consideration, whether received directly or
indirectly, is subject to this Act.

SB3642 - 929 - LRB101 20589 WGH 70218 b
(2) A person employed exclusively by only one employer
in connection with the exclusive activities of that
employer, provided that person does not hold himself or
herself out to the public as a fingerprint vendor.
(3) Any member of local law enforcement in the
performance of his or her duties for criminal justice
purposes, notwithstanding whether the local law
enforcement agency charges a reasonable fee related to the
cost of offering fingerprinting services.
(b) The provisions of this Act regarding fingerprint
vendors do not apply to any member of a local law enforcement
agency, acting on behalf of the local law enforcement agency
that is registered with the Illinois Department of State Police
to provide fingerprinting services for non-criminal justice
purposes, notwithstanding whether the local law enforcement
agency charges a reasonable fee related to the cost of offering
fingerprinting services.
(Source: P.A. 98-294, eff. 8-9-13; 98-600, eff. 12-6-13.)
(225 ILCS 447/31-10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 31-10. Qualifications for licensure as a fingerprint
vendor.
(a) A person is qualified for licensure as a fingerprint
vendor if he or she meets all of the following requirements:
(1) Is at least 18 years of age.

SB3642 - 930 - LRB101 20589 WGH 70218 b
(2) Has not been convicted of any felony in any
jurisdiction or at least 10 years have elapsed since the
time of full discharge from a sentence imposed for a felony
conviction.
(3) Is of good moral character. Good moral character is
a continuing requirement of licensure. Conviction of
crimes other than felonies may be used in determining moral
character, but shall not constitute an absolute bar to
licensure, except where the applicant is a registered sex
offender.
(4) Has not been declared by any court of competent
jurisdiction to be incompetent by reason of mental or
physical defect or disease, unless a court has subsequently
declared him or her to be competent.
(5) Is not suffering from dependence on alcohol or from
narcotic addiction or dependence.
(6) Has not been dishonorably discharged from the armed
forces of the United States.
(7) Submits certification issued by the Illinois
Department of State Police that the applicant has
successfully completed a fingerprint vendor training
course conducted or authorized by the Illinois Department
of State Police.
(8) Submits his or her fingerprints, in accordance with
subsection (b) of this Section.
(9) Has not violated any provision of this Act or any

SB3642 - 931 - LRB101 20589 WGH 70218 b
rule adopted under this Act.
(10) Provides evidence satisfactory to the Department
that the applicant has obtained general liability
insurance in an amount and with coverage as determined by
rule. Failure to maintain general liability insurance and
failure to provide the Department with written proof of the
insurance, upon request, shall result in cancellation of
the license without hearing. A fingerprint vendor employed
by a licensed fingerprint vendor agency may provide proof
that his or her actions as a fingerprint vendor are covered
by the liability insurance of his or her employer.
(11) Pays the required licensure fee.
(12) (Blank).
(13) Submits proof that the applicant maintains a
business office located in the State of Illinois.
(14) Provides proof of compliance with subsection (e)
of Section 31-15 of this Act if the applicant is not
required to obtain a fingerprint vendor agency license
pursuant to subsection (b) of Section 31-15 of this Act.
(b) Each applicant for a fingerprint vendor license shall
have his or her fingerprints submitted to the Illinois
Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Illinois Department of State Police. These fingerprints shall
be checked against the Illinois Department of State Police and

SB3642 - 932 - LRB101 20589 WGH 70218 b
Federal Bureau of Investigation criminal history record
databases now and hereafter filed. The Illinois Department of
State Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited in the
State Police Services Fund and shall not exceed the actual cost
of the records check. The Illinois Department of State Police
shall furnish, pursuant to positive identification, records of
Illinois convictions to the Department. The Department may
require applicants to pay a separate fingerprinting fee, either
to the Department or directly to the vendor. The Department, in
its discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Department, in its
discretion, may also use other procedures in performing or
obtaining criminal background checks of applicants. Instead of
submitting his or her fingerprints, an individual may submit
proof that is satisfactory to the Department that an equivalent
security clearance has been conducted. Also, an individual who
has retired as a peace officer within 12 months of application
may submit verification, on forms provided by the Department
and signed by his or her employer, of his or her previous
full-time employment as a peace officer.
(Source: P.A. 100-44, eff. 8-11-17.)
(225 ILCS 447/31-15)
(Section scheduled to be repealed on January 1, 2024)

SB3642 - 933 - LRB101 20589 WGH 70218 b
Sec. 31-15. Qualifications for licensure as a fingerprint
vendor agency.
(a) Upon receipt of the required fee, compliance with
subsection (e) of this Section, and proof that the applicant
has a full-time Illinois licensed fingerprint vendor
licensee-in-charge, which is a continuing requirement for
agency licensure, the Department may issue a license as a
fingerprint vendor agency to any of the following:
(1) An individual who submits an application and is a
licensed fingerprint vendor under this Act.
(2) A firm that submits an application and all of the
members of the firm are licensed fingerprint vendors under
this Act.
(3) A corporation or limited liability company doing
business in Illinois that is authorized to engage in the
business of conducting a fingerprint vendor agency if at
least one officer or executive employee is a licensed
fingerprint vendor under this Act and all unlicensed
officers and directors of the corporation or limited
liability company are determined by the Department to be
persons of good moral character.
(b) An individual licensed as a fingerprint vendor
operating under a business name other than the licensed
fingerprint vendor's own name shall not be required to obtain a
fingerprint vendor agency license if that licensed fingerprint
vendor does not employ any persons to provide fingerprinting

SB3642 - 934 - LRB101 20589 WGH 70218 b
services. However, in either circumstance, the individual
shall comply with the requirements of subsection (e) of this
Section as a requirement for licensure.
(c) No fingerprint vendor may be the licensee-in-charge for
more than one fingerprint vendor agency. Upon written request
by a representative of the agency, within 10 days after the
loss of a licensee-in-charge of an agency because of the death
of that individual or because of the termination of the
employment of that individual, the Department shall issue a
temporary certificate of authority allowing the continuing
operation of the licensed agency. No temporary certificate of
authority shall be valid for more than 90 days. An extension of
an additional 90 days may be granted upon written request by
the representative of the agency. Not more than 2 extensions
may be granted to any agency. No temporary permit shall be
issued for loss of the licensee-in-charge because of
disciplinary action by the Department related to his or her
conduct on behalf of the agency.
(d) Upon issuance of the temporary certificate of authority
as provided for in subsection (c) of this Section and at any
time thereafter while the temporary certificate of authority is
in effect, the Department may request in writing additional
information from the agency regarding the loss of its
licensee-in-charge, the selection of a new licensee-in-charge,
and the management of the agency. Failure of the agency to
respond or respond to the satisfaction of the Department shall

SB3642 - 935 - LRB101 20589 WGH 70218 b
cause the Department to deny any extension of the temporary
certificate of authority. While the temporary certificate of
authority is in effect, the Department may disapprove the
selection of a new licensee-in-charge by the agency if the
person's license is not operative or the Department has good
cause to believe that the person selected will not fully
exercise the responsibilities of a licensee-in-charge. If the
Department has disapproved the selection of a new
licensee-in-charge and the temporary certificate of authority
expires or is about to expire without the agency selecting
another new licensee-in-charge, the Department shall grant an
extension of the temporary certificate of authority for an
additional 90 days, except as otherwise prohibited in
subsection (c) or this subsection (d).
(e) An applicant shall submit certification issued by the
Illinois Department of State Police that the applicant's
fingerprinting equipment and software meets all specifications
required by the Illinois Department of State Police. Compliance
with Illinois Department of State Police fingerprinting
equipment and software specifications is a continuing
requirement for licensure.
(Source: P.A. 100-44, eff. 8-11-17.)
(225 ILCS 447/31-20)
(Section scheduled to be repealed on January 1, 2024)
Sec. 31-20. Training; fingerprint vendor and employees.

SB3642 - 936 - LRB101 20589 WGH 70218 b
(a) Registered employees of a licensed fingerprint vendor
agency shall complete a minimum of 20 hours of training
provided by a qualified instructor within 30 days of their
employment. The substance of the training shall be prescribed
by rule.
(b) It is the responsibility of the employer to certify, on
a form provided by the Department, that the employee has
successfully completed the training. The form shall be a
permanent record of training completed by the employee and
shall be placed in the employee's file with the employer for
the period the employee remains with the employer. An agency
may place a notarized copy of the Department form, in lieu of
the original, into the permanent employee registration card
file. The original form shall be given to the employee when his
or her employment is terminated. Failure to return the original
form to the employee is grounds for disciplinary action. The
employee shall not be required to repeat the required training
once the employee has been issued the form. An employer may
provide or require additional training.
(c) Any certification of completion of the 20-hour basic
training issued under the Private Detective, Private Alarm,
Private Security, and Locksmith Act of 2004 or any prior Act
shall be accepted as proof of training under this Act.
(d) No registered employee of a licensed fingerprint vendor
agency may operate live scan fingerprint equipment or other
equipment designed to obtain fingerprint images for the purpose

SB3642 - 937 - LRB101 20589 WGH 70218 b
of providing fingerprint images and associated demographic
data to the Illinois Department of State Police.
(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/31-25)
(Section scheduled to be repealed on January 1, 2024)
Sec. 31-25. Customer identification; record keeping. A
fingerprint vendor or fingerprint vendor agency shall document
in the form of a work order when and where each and every
fingerprint service is provided. The work order shall also
include the name, address, date of birth, telephone number, and
driver's license number or other identification number of the
person requesting the service to be done, the signature of that
person, the routing number and any other information or
documentation as provided by rule. All work orders shall be
kept by the licensed fingerprint vendor for a period of 2 years
from the date of service and shall include the name and license
number of the fingerprint vendor and, if applicable, the name
and identification number of the registered employee who
performed the services. Work order forms required to be kept
under this Section shall be available for inspection by the
Department or by the Illinois Department of State Police.
(Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 447/35-30)
(Section scheduled to be repealed on January 1, 2024)

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Sec. 35-30. Employee requirements. All employees of a
licensed agency, other than those exempted, shall apply for a
permanent employee registration card. The holder of an agency
license issued under this Act, known in this Section as
"employer", may employ in the conduct of his or her business
employees under the following provisions:
(a) No person shall be issued a permanent employee
registration card who:
(1) Is younger than 18 years of age.
(2) Is younger than 21 years of age if the services
will include being armed.
(3) Has been determined by the Department to be unfit
by reason of conviction of an offense in this or another
state, including registration as a sex offender, but not
including a traffic offense. Persons convicted of felonies
involving bodily harm, weapons, violence, or theft within
the previous 10 years shall be presumed to be unfit for
registration. The Department shall adopt rules for making
those determinations that shall afford the applicant due
process of law.
(4) Has had a license or permanent employee
registration card denied, suspended, or revoked under this
Act (i) within one year before the date the person's
application for permanent employee registration card is
received by the Department; and (ii) that refusal, denial,
suspension, or revocation was based on any provision of

SB3642 - 939 - LRB101 20589 WGH 70218 b
this Act other than Section 40-50, item (6) or (8) of
subsection (a) of Section 15-10, subsection (b) of Section
15-10, item (6) or (8) of subsection (a) of Section 20-10,
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of Section
25-10, item (7) of subsection (a) of Section 30-10,
subsection (b) of Section 30-10, or Section 10-40.
(5) Has been declared incompetent by any court of
competent jurisdiction by reason of mental disease or
defect and has not been restored.
(6) Has been dishonorably discharged from the armed
services of the United States.
(b) No person may be employed by a private detective
agency, private security contractor agency, private alarm
contractor agency, fingerprint vendor agency, or locksmith
agency under this Section until he or she has executed and
furnished to the employer, on forms furnished by the
Department, a verified statement to be known as "Employee's
Statement" setting forth:
(1) The person's full name, age, and residence address.
(2) The business or occupation engaged in for the 5
years immediately before the date of the execution of the
statement, the place where the business or occupation was
engaged in, and the names of employers, if any.
(3) That the person has not had a license or employee
registration denied, revoked, or suspended under this Act

SB3642 - 940 - LRB101 20589 WGH 70218 b
(i) within one year before the date the person's
application for permanent employee registration card is
received by the Department; and (ii) that refusal, denial,
suspension, or revocation was based on any provision of
this Act other than Section 40-50, item (6) or (8) of
subsection (a) of Section 15-10, subsection (b) of Section
15-10, item (6) or (8) of subsection (a) of Section 20-10,
subsection (b) of Section 20-10, item (6) or (8) of
subsection (a) of Section 25-10, subsection (b) of Section
25-10, item (7) of subsection (a) of Section 30-10,
subsection (b) of Section 30-10, or Section 10-40.
(4) Any conviction of a felony or misdemeanor.
(5) Any declaration of incompetence by a court of
competent jurisdiction that has not been restored.
(6) Any dishonorable discharge from the armed services
of the United States.
(7) Any other information as may be required by any
rule of the Department to show the good character,
competency, and integrity of the person executing the
statement.
(c) Each applicant for a permanent employee registration
card shall have his or her fingerprints submitted to the
Illinois Department of State Police in an electronic format
that complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Illinois Department of State Police. These fingerprints

SB3642 - 941 - LRB101 20589 WGH 70218 b
shall be checked against the Illinois Department of State
Police and Federal Bureau of Investigation criminal history
record databases now and hereafter filed. The Illinois
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
Department of State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or
directly to the vendor. The Department, in its discretion, may
allow an applicant who does not have reasonable access to a
designated vendor to provide his or her fingerprints in an
alternative manner. The Department, in its discretion, may also
use other procedures in performing or obtaining criminal
background checks of applicants. Instead of submitting his or
her fingerprints, an individual may submit proof that is
satisfactory to the Department that an equivalent security
clearance has been conducted. Also, an individual who has
retired as a peace officer within 12 months of application may
submit verification, on forms provided by the Department and
signed by his or her employer, of his or her previous full-time
employment as a peace officer.
(d) The Department shall issue a permanent employee
registration card, in a form the Department prescribes, to all

SB3642 - 942 - LRB101 20589 WGH 70218 b
qualified applicants. The holder of a permanent employee
registration card shall carry the card at all times while
actually engaged in the performance of the duties of his or her
employment. Expiration and requirements for renewal of
permanent employee registration cards shall be established by
rule of the Department. Possession of a permanent employee
registration card does not in any way imply that the holder of
the card is employed by an agency unless the permanent employee
registration card is accompanied by the employee
identification card required by subsection (f) of this Section.
(e) Each employer shall maintain a record of each employee
that is accessible to the duly authorized representatives of
the Department. The record shall contain the following
information:
(1) A photograph taken within 10 days of the date that
the employee begins employment with the employer. The
photograph shall be replaced with a current photograph
every 3 calendar years.
(2) The Employee's Statement specified in subsection
(b) of this Section.
(3) All correspondence or documents relating to the
character and integrity of the employee received by the
employer from any official source or law enforcement
agency.
(4) In the case of former employees, the employee
identification card of that person issued under subsection

SB3642 - 943 - LRB101 20589 WGH 70218 b
(f) of this Section. Each employee record shall duly note
if the employee is employed in an armed capacity. Armed
employee files shall contain a copy of an active firearm
owner's identification card and a copy of an active firearm
control card. Each employer shall maintain a record for
each armed employee of each instance in which the
employee's weapon was discharged during the course of his
or her professional duties or activities. The record shall
be maintained on forms provided by the Department, a copy
of which must be filed with the Department within 15 days
of an instance. The record shall include the date and time
of the occurrence, the circumstances involved in the
occurrence, and any other information as the Department may
require. Failure to provide this information to the
Department or failure to maintain the record as a part of
each armed employee's permanent file is grounds for
disciplinary action. The Department, upon receipt of a
report, shall have the authority to make any investigation
it considers appropriate into any occurrence in which an
employee's weapon was discharged and to take disciplinary
action as may be appropriate.
(5) A copy of the employee's permanent employee
registration card or a copy of the Department's "License
Lookup" Webpage showing that the employee has been issued a
valid permanent employee registration card by the
Department.

SB3642 - 944 - LRB101 20589 WGH 70218 b
The Department may, by rule, prescribe further record
requirements.
(f) Every employer shall furnish an employee
identification card to each of his or her employees. This
employee identification card shall contain a recent photograph
of the employee, the employee's name, the name and agency
license number of the employer, the employee's personal
description, the signature of the employer, the signature of
that employee, the date of issuance, and an employee
identification card number.
(g) No employer may issue an employee identification card
to any person who is not employed by the employer in accordance
with this Section or falsely state or represent that a person
is or has been in his or her employ. It is unlawful for an
applicant for registered employment to file with the Department
the fingerprints of a person other than himself or herself.
(h) Every employer shall obtain the identification card of
every employee who terminates employment with him or her.
(i) Every employer shall maintain a separate roster of the
names of all employees currently working in an armed capacity
and submit the roster to the Department on request.
(j) No agency may employ any person to perform a licensed
activity under this Act unless the person possesses a valid
permanent employee registration card or a valid license under
this Act, or is exempt pursuant to subsection (n).
(k) Notwithstanding the provisions of subsection (j), an

SB3642 - 945 - LRB101 20589 WGH 70218 b
agency may employ a person in a temporary capacity if all of
the following conditions are met:
(1) The agency completes in its entirety and submits to
the Department an application for a permanent employee
registration card, including the required fingerprint
receipt and fees.
(2) The agency has verification from the Department
that the applicant has no record of any criminal conviction
pursuant to the criminal history check conducted by the
Illinois Department of State Police. The agency shall
maintain the verification of the results of the Illinois
Department of State Police criminal history check as part
of the employee record as required under subsection (e) of
this Section.
(3) The agency exercises due diligence to ensure that
the person is qualified under the requirements of the Act
to be issued a permanent employee registration card.
(4) The agency maintains a separate roster of the names
of all employees whose applications are currently pending
with the Department and submits the roster to the
Department on a monthly basis. Rosters are to be maintained
by the agency for a period of at least 24 months.
An agency may employ only a permanent employee applicant
for which it either submitted a permanent employee application
and all required forms and fees or it confirms with the
Department that a permanent employee application and all

SB3642 - 946 - LRB101 20589 WGH 70218 b
required forms and fees have been submitted by another agency,
licensee or the permanent employee and all other requirements
of this Section are met.
The Department shall have the authority to revoke, without
a hearing, the temporary authority of an individual to work
upon receipt of Federal Bureau of Investigation fingerprint
data or a report of another official authority indicating a
criminal conviction. If the Department has not received a
temporary employee's Federal Bureau of Investigation
fingerprint data within 120 days of the date the Department
received the Illinois Department of State Police fingerprint
data, the Department may, at its discretion, revoke the
employee's temporary authority to work with 15 days written
notice to the individual and the employing agency.
An agency may not employ a person in a temporary capacity
if it knows or reasonably should have known that the person has
been convicted of a crime under the laws of this State, has
been convicted in another state of any crime that is a crime
under the laws of this State, has been convicted of any crime
in a federal court, or has been posted as an unapproved
applicant by the Department. Notice by the Department to the
agency, via certified mail, personal delivery, electronic
mail, or posting on the Department's Internet site accessible
to the agency that the person has been convicted of a crime
shall be deemed constructive knowledge of the conviction on the
part of the agency. The Department may adopt rules to implement

SB3642 - 947 - LRB101 20589 WGH 70218 b
this subsection (k).
(l) No person may be employed under this Section in any
capacity if:
(1) the person, while so employed, is being paid by the
United States or any political subdivision for the time so
employed in addition to any payments he or she may receive
from the employer; or
(2) the person wears any portion of his or her official
uniform, emblem of authority, or equipment while so
employed.
(m) If information is discovered affecting the
registration of a person whose fingerprints were submitted
under this Section, the Department shall so notify the agency
that submitted the fingerprints on behalf of that person.
(n) Peace officers shall be exempt from the requirements of
this Section relating to permanent employee registration
cards. The agency shall remain responsible for any peace
officer employed under this exemption, regardless of whether
the peace officer is compensated as an employee or as an
independent contractor and as further defined by rule.
(o) Persons who have no access to confidential or security
information, who do not go to a client's or prospective
client's residence or place of business, and who otherwise do
not provide traditional security services are exempt from
employee registration. Examples of exempt employees include,
but are not limited to, employees working in the capacity of

SB3642 - 948 - LRB101 20589 WGH 70218 b
ushers, directors, ticket takers, cashiers, drivers, and
reception personnel. Confidential or security information is
that which pertains to employee files, scheduling, client
contracts, or technical security and alarm data.
(p) An applicant who is 21 years of age or older seeking a
religious exemption to the photograph requirement of this
Section shall furnish with the application an approved copy of
United States Department of the Treasury Internal Revenue
Service Form 4029. Regardless of age, an applicant seeking a
religious exemption to this photograph requirement shall
submit fingerprints in a form and manner prescribed by the
Department with his or her application in lieu of a photograph.
(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
(225 ILCS 447/40-10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 40-10. Disciplinary sanctions.
(a) The Department may deny issuance, refuse to renew, or
restore or may reprimand, place on probation, suspend, revoke,
or take other disciplinary or non-disciplinary action against
any license, registration, permanent employee registration
card, canine handler authorization card, canine trainer
authorization card, or firearm control card, may impose a fine
not to exceed $10,000 for each violation, and may assess costs
as provided for under Section 45-60, for any of the following:
(1) Fraud, deception, or misrepresentation in

SB3642 - 949 - LRB101 20589 WGH 70218 b
obtaining or renewing of a license or registration.
(2) Professional incompetence as manifested by poor
standards of service.
(3) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public.
(4) Conviction of or plea of guilty or plea of nolo
contendere to a felony or misdemeanor in this State or any
other jurisdiction or the entry of an administrative
sanction by a government agency in this State or any other
jurisdiction; action taken under this paragraph (4) for a
misdemeanor or an administrative sanction is limited to a
misdemeanor or administrative sanction that has as an
essential element of dishonesty or fraud or involves
larceny, embezzlement, or obtaining money, property, or
credit by false pretenses or by means of a confidence game.
(5) Performing any services in a grossly negligent
manner or permitting any of a licensee's employees to
perform services in a grossly negligent manner, regardless
of whether actual damage to the public is established.
(6) Continued practice, although the person has become
unfit to practice due to any of the following:
(A) Physical illness, mental illness, or other
impairment, including, but not limited to,
deterioration through the aging process or loss of
motor skills that results in the inability to serve the

SB3642 - 950 - LRB101 20589 WGH 70218 b
public with reasonable judgment, skill, or safety.
(B) (Blank).
(C) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(7) Receiving, directly or indirectly, compensation
for any services not rendered.
(8) Willfully deceiving or defrauding the public on a
material matter.
(9) Failing to account for or remit any moneys or
documents coming into the licensee's possession that
belong to another person or entity.
(10) Discipline by another United States jurisdiction,
foreign nation, or governmental agency, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Act.
(11) Giving differential treatment to a person that is
to that person's detriment because of race, color, creed,
sex, religion, or national origin.
(12) Engaging in false or misleading advertising.
(13) Aiding, assisting, or willingly permitting
another person to violate this Act or rules promulgated
under it.
(14) Performing and charging for services without
authorization to do so from the person or entity serviced.

SB3642 - 951 - LRB101 20589 WGH 70218 b
(15) Directly or indirectly offering or accepting any
benefit to or from any employee, agent, or fiduciary
without the consent of the latter's employer or principal
with intent to or the understanding that this action will
influence his or her conduct in relation to his or her
employer's or principal's affairs.
(16) Violation of any disciplinary order imposed on a
licensee by the Department.
(17) Performing any act or practice that is a violation
of this Act or the rules for the administration of this
Act, or having a conviction or administrative finding of
guilty as a result of violating any federal or State laws,
rules, or regulations that apply exclusively to the
practices of private detectives, private alarm
contractors, private security contractors, fingerprint
vendors, or locksmiths.
(18) Conducting an agency without a valid license.
(19) Revealing confidential information, except as
required by law, including but not limited to information
available under Section 2-123 of the Illinois Vehicle Code.
(20) Failing to make available to the Department, upon
request, any books, records, or forms required by this Act.
(21) Failing, within 30 days, to respond to a written
request for information from the Department.
(22) Failing to provide employment information or
experience information required by the Department

SB3642 - 952 - LRB101 20589 WGH 70218 b
regarding an applicant for licensure.
(23) Failing to make available to the Department at the
time of the request any indicia of licensure or
registration issued under this Act.
(24) Purporting to be a licensee-in-charge of an agency
without active participation in the agency.
(25) A finding by the Department that the licensee,
after having his or her license placed on probationary
status, has violated the terms of probation.
(26) Violating subsection (f) of Section 30-30.
(27) A firearm control card holder having more firearms
in his or her immediate possession than he or she can
reasonably exercise control over.
(28) Failure to report in writing to the Department,
within 60 days of an entry of a settlement or a verdict in
excess of $10,000, any legal action in which the quality of
the licensee's or registrant's professional services was
the subject of the legal action.
(b) All fines imposed under this Section shall be paid
within 60 days after the effective date of the order imposing
the fine.
(c) The Department shall adopt rules that set forth
standards of service for the following: (i) acceptable error
rate in the transmission of fingerprint images and other data
to the Illinois Department of State Police; (ii) acceptable
error rate in the collection and documentation of information

SB3642 - 953 - LRB101 20589 WGH 70218 b
used to generate fingerprint work orders; and (iii) any other
standard of service that affects fingerprinting services as
determined by the Department.
The determination by a circuit court that a licensee is
subject to involuntary admission or judicial admission, as
provided in the Mental Health and Developmental Disabilities
Code, operates as an automatic suspension. The suspension will
end only upon a finding by a court that the patient is no
longer subject to involuntary admission or judicial admission
and the issuance of an order so finding and discharging the
patient.
(Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
Section 640. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Section 5-22 as follows:
(225 ILCS 458/5-22)
(Section scheduled to be repealed on January 1, 2022)
Sec. 5-22. Criminal history records check.
(a) Each applicant for licensure by examination or
restoration shall have his or her fingerprints submitted to the
Illinois Department of State Police in an electronic format
that complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Illinois Department of State Police. These fingerprints
shall be checked against the Illinois Department of State

SB3642 - 954 - LRB101 20589 WGH 70218 b
Police and Federal Bureau of Investigation criminal history
record databases now and hereafter filed. The Illinois
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
Department of State Police shall furnish, pursuant to positive
identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department may adopt any rules necessary to
implement this Section.
(b) The Secretary may designate a multi-state licensing
system to perform the functions described in subsection (a).
The Department may require applicants to pay a separate
fingerprinting fee, either to the Department or to the
multi-state licensing system. The Department may adopt any
rules necessary to implement this subsection.
(Source: P.A. 100-604, eff. 7-13-18.)
Section 645. The Appraisal Management Company Registration
Act is amended by changing Section 68 as follows:
(225 ILCS 459/68)
Sec. 68. Criminal history records background check. Each
individual applicant or controlling person on behalf of a

SB3642 - 955 - LRB101 20589 WGH 70218 b
business entity that applies for registration or restoration
shall have his or her fingerprints submitted to the Illinois
Department of State Police in an electronic format that
complies with the form and manner for requesting and furnishing
criminal history record information as prescribed by the
Illinois Department of State Police, or through a multi-state
licensing system as designated by the Secretary. These
fingerprints shall be checked against the Illinois Department
of State Police and Federal Bureau of Investigation criminal
history record databases now and hereafter filed. The Illinois
Department of State Police shall charge applicants a fee for
conducting the criminal history records background check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the criminal history
records background check. The Illinois Department of State
Police shall furnish, pursuant to positive identification,
records of Illinois convictions to the Department. The
Department may require an applicant to pay a separate
fingerprinting fee, either to the Department or to a vendor.
The Department may adopt any rules necessary to implement this
Section.
(Source: P.A. 100-604, eff. 7-13-18.)
Section 650. The Solicitation for Charity Act is amended by
changing Section 16.5 as follows:

SB3642 - 956 - LRB101 20589 WGH 70218 b
(225 ILCS 460/16.5)
Sec. 16.5. Terrorist acts.
(a) Any person or organization subject to registration
under this Act, who knowingly acts to further, directly or
indirectly, or knowingly uses charitable assets to conduct or
further, directly or indirectly, an act or actions as set forth
in Article 29D of the Criminal Code of 2012, is thereby engaged
in an act or actions contrary to public policy and antithetical
to charity, and all of the funds, assets, and records of the
person or organization shall be subject to temporary and
permanent injunction from use or expenditure and the
appointment of a temporary and permanent receiver to take
possession of all of the assets and related records.
(b) An ex parte action may be commenced by the Attorney
General, and, upon a showing of probable cause of a violation
of this Section or Article 29D of the Criminal Code of 2012, an
immediate seizure of books and records by the Attorney General
by and through his or her assistants or investigators or the
Illinois Department of State Police and freezing of all assets
shall be made by order of a court to protect the public,
protect the assets, and allow a full review of the records.
(c) Upon a finding by a court after a hearing that a person
or organization has acted or is in violation of this Section,
the person or organization shall be permanently enjoined from
soliciting funds from the public, holding charitable funds, or
acting as a trustee or fiduciary within Illinois. Upon a

SB3642 - 957 - LRB101 20589 WGH 70218 b
finding of violation all assets and funds held by the person or
organization shall be forfeited to the People of the State of
Illinois or otherwise ordered by the court to be accounted for
and marshaled and then delivered to charitable causes and uses
within the State of Illinois by court order.
(d) A determination under this Section may be made by any
court separate and apart from any criminal proceedings and the
standard of proof shall be that for civil proceedings.
(e) Any knowing use of charitable assets to conduct or
further, directly or indirectly, an act or actions set forth in
Article 29D of the Criminal Code of 2012 shall be a misuse of
charitable assets and breach of fiduciary duty relative to all
other Sections of this Act.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 655. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 9, 15, 28, 34, and 45 as follows:
(230 ILCS 5/9) (from Ch. 8, par. 37-9)
Sec. 9. The Board shall have all powers necessary and
proper to fully and effectively execute the provisions of this
Act, including, but not limited to, the following:
(a) The Board is vested with jurisdiction and supervision
over all race meetings in this State, over all licensees doing
business in this State, over all occupation licensees, and over
all persons on the facilities of any licensee. Such

SB3642 - 958 - LRB101 20589 WGH 70218 b
jurisdiction shall include the power to issue licenses to the
Illinois Department of Agriculture authorizing the pari-mutuel
system of wagering on harness and Quarter Horse races held (1)
at the Illinois State Fair in Sangamon County, and (2) at the
DuQuoin State Fair in Perry County. The jurisdiction of the
Board shall also include the power to issue licenses to county
fairs which are eligible to receive funds pursuant to the
Agricultural Fair Act, as now or hereafter amended, or their
agents, authorizing the pari-mutuel system of wagering on horse
races conducted at the county fairs receiving such licenses.
Such licenses shall be governed by subsection (n) of this
Section.
Upon application, the Board shall issue a license to the
Illinois Department of Agriculture to conduct harness and
Quarter Horse races at the Illinois State Fair and at the
DuQuoin State Fairgrounds during the scheduled dates of each
fair. The Board shall not require and the Department of
Agriculture shall be exempt from the requirements of Sections
15.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
and 25. The Board and the Department of Agriculture may extend
any or all of these exemptions to any contractor or agent
engaged by the Department of Agriculture to conduct its race
meetings when the Board determines that this would best serve
the public interest and the interest of horse racing.
Notwithstanding any provision of law to the contrary, it

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shall be lawful for any licensee to operate pari-mutuel
wagering or contract with the Department of Agriculture to
operate pari-mutuel wagering at the DuQuoin State Fairgrounds
or for the Department to enter into contracts with a licensee,
employ its owners, employees or agents and employ such other
occupation licensees as the Department deems necessary in
connection with race meetings and wagerings.
(b) The Board is vested with the full power to promulgate
reasonable rules and regulations for the purpose of
administering the provisions of this Act and to prescribe
reasonable rules, regulations and conditions under which all
horse race meetings or wagering in the State shall be
conducted. Such reasonable rules and regulations are to provide
for the prevention of practices detrimental to the public
interest and to promote the best interests of horse racing and
to impose penalties for violations thereof.
(c) The Board, and any person or persons to whom it
delegates this power, is vested with the power to enter the
facilities and other places of business of any licensee to
determine whether there has been compliance with the provisions
of this Act and its rules and regulations.
(d) The Board, and any person or persons to whom it
delegates this power, is vested with the authority to
investigate alleged violations of the provisions of this Act,
its reasonable rules and regulations, orders and final
decisions; the Board shall take appropriate disciplinary

SB3642 - 960 - LRB101 20589 WGH 70218 b
action against any licensee or occupation licensee for
violation thereof or institute appropriate legal action for the
enforcement thereof.
(e) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any race
meeting or the facilities of any licensee, or any part thereof,
any occupation licensee or any other individual whose conduct
or reputation is such that his presence on those facilities
may, in the opinion of the Board, call into question the
honesty and integrity of horse racing or wagering or interfere
with the orderly conduct of horse racing or wagering; provided,
however, that no person shall be excluded or ejected from the
facilities of any licensee solely on the grounds of race,
color, creed, national origin, ancestry, or sex. The power to
eject or exclude an occupation licensee or other individual may
be exercised for just cause by the licensee or the Board,
subject to subsequent hearing by the Board as to the propriety
of said exclusion.
(f) The Board is vested with the power to acquire,
establish, maintain and operate (or provide by contract to
maintain and operate) testing laboratories and related
facilities, for the purpose of conducting saliva, blood, urine
and other tests on the horses run or to be run in any horse race
meeting, including races run at county fairs, and to purchase
all equipment and supplies deemed necessary or desirable in
connection with any such testing laboratories and related

SB3642 - 961 - LRB101 20589 WGH 70218 b
facilities and all such tests.
(g) The Board may require that the records, including
financial or other statements of any licensee or any person
affiliated with the licensee who is involved directly or
indirectly in the activities of any licensee as regulated under
this Act to the extent that those financial or other statements
relate to such activities be kept in such manner as prescribed
by the Board, and that Board employees shall have access to
those records during reasonable business hours. Within 120 days
of the end of its fiscal year, each licensee shall transmit to
the Board an audit of the financial transactions and condition
of the licensee's total operations. All audits shall be
conducted by certified public accountants. Each certified
public accountant must be registered in the State of Illinois
under the Illinois Public Accounting Act. The compensation for
each certified public accountant shall be paid directly by the
licensee to the certified public accountant. A licensee shall
also submit any other financial or related information the
Board deems necessary to effectively administer this Act and
all rules, regulations, and final decisions promulgated under
this Act.
(h) The Board shall name and appoint in the manner provided
by the rules and regulations of the Board: an Executive
Director; a State director of mutuels; State veterinarians and
representatives to take saliva, blood, urine and other tests on
horses; licensing personnel; revenue inspectors; and State

SB3642 - 962 - LRB101 20589 WGH 70218 b
seasonal employees (excluding admission ticket sellers and
mutuel clerks). All of those named and appointed as provided in
this subsection shall serve during the pleasure of the Board;
their compensation shall be determined by the Board and be paid
in the same manner as other employees of the Board under this
Act.
(i) The Board shall require that there shall be 3 stewards
at each horse race meeting, at least 2 of whom shall be named
and appointed by the Board. Stewards appointed or approved by
the Board, while performing duties required by this Act or by
the Board, shall be entitled to the same rights and immunities
as granted to Board members and Board employees in Section 10
of this Act.
(j) The Board may discharge any Board employee who fails or
refuses for any reason to comply with the rules and regulations
of the Board, or who, in the opinion of the Board, is guilty of
fraud, dishonesty or who is proven to be incompetent. The Board
shall have no right or power to determine who shall be
officers, directors or employees of any licensee, or their
salaries except the Board may, by rule, require that all or any
officials or employees in charge of or whose duties relate to
the actual running of races be approved by the Board.
(k) The Board is vested with the power to appoint delegates
to execute any of the powers granted to it under this Section
for the purpose of administering this Act and any rules or
regulations promulgated in accordance with this Act.

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(l) The Board is vested with the power to impose civil
penalties of up to $5,000 against an individual and up to
$10,000 against a licensee for each violation of any provision
of this Act, any rules adopted by the Board, any order of the
Board or any other action which, in the Board's discretion, is
a detriment or impediment to horse racing or wagering.
Beginning on the date when any organization licensee begins
conducting gaming pursuant to an organization gaming license
issued under the Illinois Gambling Act, the power granted to
the Board pursuant to this subsection (l) shall authorize the
Board to impose penalties of up to $10,000 against an
individual and up to $25,000 against a licensee. All such civil
penalties shall be deposited into the Horse Racing Fund.
(m) The Board is vested with the power to prescribe a form
to be used by licensees as an application for employment for
employees of each licensee.
(n) The Board shall have the power to issue a license to
any county fair, or its agent, authorizing the conduct of the
pari-mutuel system of wagering. The Board is vested with the
full power to promulgate reasonable rules, regulations and
conditions under which all horse race meetings licensed
pursuant to this subsection shall be held and conducted,
including rules, regulations and conditions for the conduct of
the pari-mutuel system of wagering. The rules, regulations and
conditions shall provide for the prevention of practices
detrimental to the public interest and for the best interests

SB3642 - 964 - LRB101 20589 WGH 70218 b
of horse racing, and shall prescribe penalties for violations
thereof. Any authority granted the Board under this Act shall
extend to its jurisdiction and supervision over county fairs,
or their agents, licensed pursuant to this subsection. However,
the Board may waive any provision of this Act or its rules or
regulations which would otherwise apply to such county fairs or
their agents.
(o) Whenever the Board is authorized or required by law to
consider some aspect of criminal history record information for
the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(p) To insure the convenience, comfort, and wagering
accessibility of race track patrons, to provide for the
maximization of State revenue, and to generate increases in
purse allotments to the horsemen, the Board shall require any
licensee to staff the pari-mutuel department with adequate
personnel.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/15) (from Ch. 8, par. 37-15)

SB3642 - 965 - LRB101 20589 WGH 70218 b
Sec. 15. (a) The Board shall, in its discretion, issue
occupation licenses to horse owners, trainers, harness
drivers, jockeys, agents, apprentices, grooms, stable foremen,
exercise persons, veterinarians, valets, blacksmiths,
concessionaires and others designated by the Board whose work,
in whole or in part, is conducted upon facilities within the
State. Such occupation licenses will be obtained prior to the
persons engaging in their vocation upon such facilities. The
Board shall not license pari-mutuel clerks, parking
attendants, security guards and employees of concessionaires.
No occupation license shall be required of any person who works
at facilities within this State as a pari-mutuel clerk, parking
attendant, security guard or as an employee of a
concessionaire. Concessionaires of the Illinois State Fair and
DuQuoin State Fair and employees of the Illinois Department of
Agriculture shall not be required to obtain an occupation
license by the Board.
(b) Each application for an occupation license shall be on
forms prescribed by the Board. Such license, when issued, shall
be for the period ending December 31 of each year, except that
the Board in its discretion may grant 3-year licenses. The
application shall be accompanied by a fee of not more than $25
per year or, in the case of 3-year occupation license
applications, a fee of not more than $60. Each applicant shall
set forth in the application his full name and address, and if
he had been issued prior occupation licenses or has been

SB3642 - 966 - LRB101 20589 WGH 70218 b
licensed in any other state under any other name, such name,
his age, whether or not a permit or license issued to him in
any other state has been suspended or revoked and if so whether
such suspension or revocation is in effect at the time of the
application, and such other information as the Board may
require. Fees for registration of stable names shall not exceed
$50.00. Beginning on the date when any organization licensee
begins conducting gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, the fee for
registration of stable names shall not exceed $150, and the
application fee for an occupation license shall not exceed $75,
per year or, in the case of a 3-year occupation license
application, the fee shall not exceed $180.
(c) The Board may in its discretion refuse an occupation
license to any person:
(1) who has been convicted of a crime;
(2) who is unqualified to perform the duties required
of such applicant;
(3) who fails to disclose or states falsely any
information called for in the application;
(4) who has been found guilty of a violation of this
Act or of the rules and regulations of the Board; or
(5) whose license or permit has been suspended, revoked
or denied for just cause in any other state.
(d) The Board may suspend or revoke any occupation license:
(1) for violation of any of the provisions of this Act;

SB3642 - 967 - LRB101 20589 WGH 70218 b
or
(2) for violation of any of the rules or regulations of
the Board; or
(3) for any cause which, if known to the Board, would
have justified the Board in refusing to issue such
occupation license; or
(4) for any other just cause.
(e) Each applicant shall submit his or her fingerprints
to the Illinois Department of State Police in the form and
manner prescribed by the Illinois Department of State Police.
These fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois Department of
State Police and Federal Bureau of Investigation criminal
history records databases. The Illinois Department of State
Police shall charge a fee for conducting the criminal history
records check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The Illinois Department of State Police shall
furnish, pursuant to positive identification, records of
conviction to the Board. Each applicant for licensure shall
submit with his occupation license application, on forms
provided by the Board, 2 sets of his fingerprints. All such
applicants shall appear in person at the location designated by
the Board for the purpose of submitting such sets of
fingerprints; however, with the prior approval of a State
steward, an applicant may have such sets of fingerprints taken

SB3642 - 968 - LRB101 20589 WGH 70218 b
by an official law enforcement agency and submitted to the
Board.
(f) The Board may, in its discretion, issue an occupation
license without submission of fingerprints if an applicant has
been duly licensed in another recognized racing jurisdiction
after submitting fingerprints that were subjected to a Federal
Bureau of Investigation criminal history background check in
that jurisdiction.
(g) Beginning on the date when any organization licensee
begins conducting gaming pursuant to an organization gaming
license issued under the Illinois Gambling Act, the Board may
charge each applicant a reasonable nonrefundable fee to defray
the costs associated with the background investigation
conducted by the Board. This fee shall be exclusive of any
other fee or fees charged in connection with an application for
and, if applicable, the issuance of, an organization gaming
license. If the costs of the investigation exceed the amount of
the fee charged, the Board shall immediately notify the
applicant of the additional amount owed, payment of which must
be submitted to the Board within 7 days after such
notification. All information, records, interviews, reports,
statements, memoranda, or other data supplied to or used by the
Board in the course of its review or investigation of an
applicant for a license or renewal under this Act shall be
privileged, strictly confidential, and shall be used only for
the purpose of evaluating an applicant for a license or a

SB3642 - 969 - LRB101 20589 WGH 70218 b
renewal. Such information, records, interviews, reports,
statements, memoranda, or other data shall not be admissible as
evidence, nor discoverable, in any action of any kind in any
court or before any tribunal, board, agency, or person, except
for any action deemed necessary by the Board.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section 27
of this Act, moneys collected shall be distributed according to
the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received by
the State as privilege taxes shall be paid into the
Metropolitan Exposition, Auditorium and Office Building Fund
in the State Treasury.
(b) In addition, 4.5% of the total of all monies received
by the State as privilege taxes shall be paid into the State
treasury into a special Fund to be known as the Metropolitan
Exposition, Auditorium and Office Building Fund.
(c) Fifty per cent of the total of all monies received by
the State as privilege taxes under the provisions of this Act
shall be paid into the Agricultural Premium Fund.
(d) Seven per cent of the total of all monies received by
the State as privilege taxes shall be paid into the Fair and
Exposition Fund in the State treasury; provided, however, that
when all bonds issued prior to July 1, 1984 by the Metropolitan

SB3642 - 970 - LRB101 20589 WGH 70218 b
Fair and Exposition Authority shall have been paid or payment
shall have been provided for upon a refunding of those bonds,
thereafter 1/12 of $1,665,662 of such monies shall be paid each
month into the Build Illinois Fund, and the remainder into the
Fair and Exposition Fund. All excess monies shall be allocated
to the Department of Agriculture for distribution to county
fairs for premiums and rehabilitation as set forth in the
Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid
into the Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the Illinois Race Track Improvement Fund as established in
Section 32.
(h) All other monies received by the Board under this Act
shall be paid into the Horse Racing Fund.
(i) The salaries of the Board members, secretary, stewards,
directors of mutuels, veterinarians, representatives,
accountants, clerks, stenographers, inspectors and other
employees of the Board, and all expenses of the Board incident
to the administration of this Act, including, but not limited
to, all expenses and salaries incident to the taking of saliva
and urine samples in accordance with the rules and regulations

SB3642 - 971 - LRB101 20589 WGH 70218 b
of the Board shall be paid out of the Agricultural Premium
Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois State
Fair and the DuQuoin State Fair, including the payment of
prize money or premiums;
(2) for the distribution to county fairs, vocational
agriculture section fairs, agricultural societies, and
agricultural extension clubs in accordance with the
Agricultural Fair Act, as amended;
(3) for payment of prize monies and premiums awarded
and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums, and
awards must be approved, and paid by the Illinois
Department of Agriculture;
(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural and
Home Economic Extension Councils in the several counties in
this State and making an appropriation therefor", approved
July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;

SB3642 - 972 - LRB101 20589 WGH 70218 b
(7) for training scholarships for study on equine
diseases to students at the University of Illinois College
of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance of
the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and control
of the Department of Agriculture;
(9) (blank);
(10) for the expenses of the Department of Commerce and
Economic Opportunity under Sections 605-620, 605-625, and
605-630 of the Department of Commerce and Economic
Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
605/605-630);
(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and
general rehabilitation of veterans with disabilities of
any war and their surviving spouses and orphans;
(13) for expenses of the Illinois Department of State
Police for duties performed under this Act;
(14) for the Department of Agriculture for soil surveys

SB3642 - 973 - LRB101 20589 WGH 70218 b
and soil and water conservation purposes;
(15) for the Department of Agriculture for grants to
the City of Chicago for conducting the Chicagofest;
(16) for the State Comptroller for grants and operating
expenses authorized by the Illinois Global Partnership
Act.
(k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor in
excess of the amount necessary for the purposes herein stated,
the Governor shall notify the Comptroller and the State
Treasurer of such fact, who, upon receipt of such notification,
shall transfer such excess monies from the Agricultural Premium
Fund to the General Revenue Fund.
(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)
(230 ILCS 5/34) (from Ch. 8, par. 37-34)
Sec. 34. (a) The Illinois Department of State Police shall
enforce the racing statutes of the State and provide
investigative services during all horse racing meetings
conducted in this State. Each licensee shall provide and
maintain his own security personnel.
(b) Each licensee shall submit a request for the
investigative services to the Illinois Department of State
Police. The Illinois Department of State Police shall determine
each licensee's pro rata share of the Department's expenses for

SB3642 - 974 - LRB101 20589 WGH 70218 b
investigative services rendered to race tracks on a fiscal year
basis, and bill each licensee, except the Illinois Department
of Agriculture or their contractor, for such expenses. Upon
receipt of such billing, the licensee shall pay the amount
billed into the Agricultural Premium Fund. It shall be the duty
of the General Assembly in subsequent years to review the
operation of the Illinois Department of State Police and make
consistent increases or, if the situation necessitates,
decreases in the number of personnel necessary in order to
fully assure that the Illinois Department of State Police is at
such a strength as to effectively carry out the purposes of
this Act.
(Source: P.A. 89-16, eff. 5-30-95.)
(230 ILCS 5/45) (from Ch. 8, par. 37-45)
Sec. 45. It shall be the duty of the Attorney General and
the various State's attorneys in this State in cooperation with
the Illinois Department of State Police to enforce this Act.
The Governor may, upon request of the Illinois Department of
State Police, order the law enforcing officers of the various
cities and counties to assign a sufficient number of deputies
to aid members of the Illinois Department of State Police in
preventing horse racing at any track within the respective
jurisdiction of such cities or counties an organization license
for which has been refused, suspended or revoked by the Board.
The Governor may similarly assign such deputies to aid the

SB3642 - 975 - LRB101 20589 WGH 70218 b
Illinois Department of State Police when, by his determination,
additional forces are needed to preserve the health, welfare or
safety of any person or animal within the grounds of any race
track in the State.
(Source: P.A. 84-25.)
Section 700. The Illinois Gambling Act is amended by
changing Sections 5, 6, 7.7, 9, 11, 13, and 22 as follows:
(230 ILCS 10/5) (from Ch. 120, par. 2405)
Sec. 5. Gaming Board.
(a) (1) There is hereby established the Illinois Gaming
Board, which shall have the powers and duties specified in this
Act, and all other powers necessary and proper to fully and
effectively execute this Act for the purpose of administering,
regulating, and enforcing the system of riverboat and casino
gambling established by this Act and gaming pursuant to an
organization gaming license issued under this Act. Its
jurisdiction shall extend under this Act to every person,
association, corporation, partnership and trust involved in
riverboat and casino gambling operations and gaming pursuant to
an organization gaming license issued under this Act in the
State of Illinois.
(2) The Board shall consist of 5 members to be appointed by
the Governor with the advice and consent of the Senate, one of
whom shall be designated by the Governor to be chairperson.

SB3642 - 976 - LRB101 20589 WGH 70218 b
Each member shall have a reasonable knowledge of the practice,
procedure and principles of gambling operations. Each member
shall either be a resident of Illinois or shall certify that he
or she will become a resident of Illinois before taking office.
On and after the effective date of this amendatory Act of
the 101st General Assembly, new appointees to the Board must
include the following:
(A) One member who has received, at a minimum, a
bachelor's degree from an accredited school and at least 10
years of verifiable experience in the fields of
investigation and law enforcement.
(B) One member who is a certified public accountant
with experience in auditing and with knowledge of complex
corporate structures and transactions.
(C) One member who has 5 years' experience as a
principal, senior officer, or director of a company or
business with either material responsibility for the daily
operations and management of the overall company or
business or material responsibility for the policy making
of the company or business.
(D) One member who is an attorney licensed to practice
law in Illinois for at least 5 years.
Notwithstanding any provision of this subsection (a), the
requirements of subparagraphs (A) through (D) of this paragraph
(2) shall not apply to any person reappointed pursuant to
paragraph (3).

SB3642 - 977 - LRB101 20589 WGH 70218 b
No more than 3 members of the Board may be from the same
political party. No Board member shall, within a period of one
year immediately preceding nomination, have been employed or
received compensation or fees for services from a person or
entity, or its parent or affiliate, that has engaged in
business with the Board, a licensee, or a licensee under the
Illinois Horse Racing Act of 1975. Board members must publicly
disclose all prior affiliations with gaming interests,
including any compensation, fees, bonuses, salaries, and other
reimbursement received from a person or entity, or its parent
or affiliate, that has engaged in business with the Board, a
licensee, or a licensee under the Illinois Horse Racing Act of
1975. This disclosure must be made within 30 days after
nomination but prior to confirmation by the Senate and must be
made available to the members of the Senate.
(3) The terms of office of the Board members shall be 3
years, except that the terms of office of the initial Board
members appointed pursuant to this Act will commence from the
effective date of this Act and run as follows: one for a term
ending July 1, 1991, 2 for a term ending July 1, 1992, and 2 for
a term ending July 1, 1993. Upon the expiration of the
foregoing terms, the successors of such members shall serve a
term for 3 years and until their successors are appointed and
qualified for like terms. Vacancies in the Board shall be
filled for the unexpired term in like manner as original
appointments. Each member of the Board shall be eligible for

SB3642 - 978 - LRB101 20589 WGH 70218 b
reappointment at the discretion of the Governor with the advice
and consent of the Senate.
(4) Each member of the Board shall receive $300 for each
day the Board meets and for each day the member conducts any
hearing pursuant to this Act. Each member of the Board shall
also be reimbursed for all actual and necessary expenses and
disbursements incurred in the execution of official duties.
(5) No person shall be appointed a member of the Board or
continue to be a member of the Board who is, or whose spouse,
child or parent is, a member of the board of directors of, or a
person financially interested in, any gambling operation
subject to the jurisdiction of this Board, or any race track,
race meeting, racing association or the operations thereof
subject to the jurisdiction of the Illinois Racing Board. No
Board member shall hold any other public office. No person
shall be a member of the Board who is not of good moral
character or who has been convicted of, or is under indictment
for, a felony under the laws of Illinois or any other state, or
the United States.
(5.5) No member of the Board shall engage in any political
activity. For the purposes of this Section, "political" means
any activity in support of or in connection with any campaign
for federal, State, or local elective office or any political
organization, but does not include activities (i) relating to
the support or opposition of any executive, legislative, or
administrative action (as those terms are defined in Section 2

SB3642 - 979 - LRB101 20589 WGH 70218 b
of the Lobbyist Registration Act), (ii) relating to collective
bargaining, or (iii) that are otherwise in furtherance of the
person's official State duties or governmental and public
service functions.
(6) Any member of the Board may be removed by the Governor
for neglect of duty, misfeasance, malfeasance, or nonfeasance
in office or for engaging in any political activity.
(7) Before entering upon the discharge of the duties of his
office, each member of the Board shall take an oath that he
will faithfully execute the duties of his office according to
the laws of the State and the rules and regulations adopted
therewith and shall give bond to the State of Illinois,
approved by the Governor, in the sum of $25,000. Every such
bond, when duly executed and approved, shall be recorded in the
office of the Secretary of State. Whenever the Governor
determines that the bond of any member of the Board has become
or is likely to become invalid or insufficient, he shall
require such member forthwith to renew his bond, which is to be
approved by the Governor. Any member of the Board who fails to
take oath and give bond within 30 days from the date of his
appointment, or who fails to renew his bond within 30 days
after it is demanded by the Governor, shall be guilty of
neglect of duty and may be removed by the Governor. The cost of
any bond given by any member of the Board under this Section
shall be taken to be a part of the necessary expenses of the
Board.

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(7.5) For the examination of all mechanical,
electromechanical, or electronic table games, slot machines,
slot accounting systems, sports wagering systems, and other
electronic gaming equipment, and the field inspection of such
systems, games, and machines, for compliance with this Act, the
Board shall utilize the services of independent outside testing
laboratories that have been accredited in accordance with
ISO/IEC 17025 by an accreditation body that is a signatory to
the International Laboratory Accreditation Cooperation Mutual
Recognition Agreement signifying they are qualified to perform
such examinations. Notwithstanding any law to the contrary, the
Board shall consider the licensing of independent outside
testing laboratory applicants in accordance with procedures
established by the Board by rule. The Board shall not withhold
its approval of an independent outside testing laboratory
license applicant that has been accredited as required under
this paragraph (7.5) and is licensed in gaming jurisdictions
comparable to Illinois. Upon the finalization of required
rules, the Board shall license independent testing
laboratories and accept the test reports of any licensed
testing laboratory of the system's, game's, or machine
manufacturer's choice, notwithstanding the existence of
contracts between the Board and any independent testing
laboratory.
(8) The Board shall employ such personnel as may be
necessary to carry out its functions and shall determine the

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salaries of all personnel, except those personnel whose
salaries are determined under the terms of a collective
bargaining agreement. No person shall be employed to serve the
Board who is, or whose spouse, parent or child is, an official
of, or has a financial interest in or financial relation with,
any operator engaged in gambling operations within this State
or any organization engaged in conducting horse racing within
this State. For the one year immediately preceding employment,
an employee shall not have been employed or received
compensation or fees for services from a person or entity, or
its parent or affiliate, that has engaged in business with the
Board, a licensee, or a licensee under the Illinois Horse
Racing Act of 1975. Any employee violating these prohibitions
shall be subject to termination of employment.
(9) An Administrator shall perform any and all duties that
the Board shall assign him. The salary of the Administrator
shall be determined by the Board and, in addition, he shall be
reimbursed for all actual and necessary expenses incurred by
him in discharge of his official duties. The Administrator
shall keep records of all proceedings of the Board and shall
preserve all records, books, documents and other papers
belonging to the Board or entrusted to its care. The
Administrator shall devote his full time to the duties of the
office and shall not hold any other office or employment.
(b) The Board shall have general responsibility for the
implementation of this Act. Its duties include, without

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limitation, the following:
(1) To decide promptly and in reasonable order all
license applications. Any party aggrieved by an action of
the Board denying, suspending, revoking, restricting or
refusing to renew a license may request a hearing before
the Board. A request for a hearing must be made to the
Board in writing within 5 days after service of notice of
the action of the Board. Notice of the action of the Board
shall be served either by personal delivery or by certified
mail, postage prepaid, to the aggrieved party. Notice
served by certified mail shall be deemed complete on the
business day following the date of such mailing. The Board
shall conduct any such hearings promptly and in reasonable
order;
(2) To conduct all hearings pertaining to civil
violations of this Act or rules and regulations promulgated
hereunder;
(3) To promulgate such rules and regulations as in its
judgment may be necessary to protect or enhance the
credibility and integrity of gambling operations
authorized by this Act and the regulatory process
hereunder;
(4) To provide for the establishment and collection of
all license and registration fees and taxes imposed by this
Act and the rules and regulations issued pursuant hereto.
All such fees and taxes shall be deposited into the State

SB3642 - 983 - LRB101 20589 WGH 70218 b
Gaming Fund;
(5) To provide for the levy and collection of penalties
and fines for the violation of provisions of this Act and
the rules and regulations promulgated hereunder. All such
fines and penalties shall be deposited into the Education
Assistance Fund, created by Public Act 86-0018, of the
State of Illinois;
(6) To be present through its inspectors and agents any
time gambling operations are conducted on any riverboat, in
any casino, or at any organization gaming facility for the
purpose of certifying the revenue thereof, receiving
complaints from the public, and conducting such other
investigations into the conduct of the gambling games and
the maintenance of the equipment as from time to time the
Board may deem necessary and proper;
(7) To review and rule upon any complaint by a licensee
regarding any investigative procedures of the State which
are unnecessarily disruptive of gambling operations. The
need to inspect and investigate shall be presumed at all
times. The disruption of a licensee's operations shall be
proved by clear and convincing evidence, and establish
that: (A) the procedures had no reasonable law enforcement
purposes, and (B) the procedures were so disruptive as to
unreasonably inhibit gambling operations;
(8) To hold at least one meeting each quarter of the
fiscal year. In addition, special meetings may be called by

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the Chairman or any 2 Board members upon 72 hours written
notice to each member. All Board meetings shall be subject
to the Open Meetings Act. Three members of the Board shall
constitute a quorum, and 3 votes shall be required for any
final determination by the Board. The Board shall keep a
complete and accurate record of all its meetings. A
majority of the members of the Board shall constitute a
quorum for the transaction of any business, for the
performance of any duty, or for the exercise of any power
which this Act requires the Board members to transact,
perform or exercise en banc, except that, upon order of the
Board, one of the Board members or an administrative law
judge designated by the Board may conduct any hearing
provided for under this Act or by Board rule and may
recommend findings and decisions to the Board. The Board
member or administrative law judge conducting such hearing
shall have all powers and rights granted to the Board in
this Act. The record made at the time of the hearing shall
be reviewed by the Board, or a majority thereof, and the
findings and decision of the majority of the Board shall
constitute the order of the Board in such case;
(9) To maintain records which are separate and distinct
from the records of any other State board or commission.
Such records shall be available for public inspection and
shall accurately reflect all Board proceedings;
(10) To file a written annual report with the Governor

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on or before July 1 each year and such additional reports
as the Governor may request. The annual report shall
include a statement of receipts and disbursements by the
Board, actions taken by the Board, and any additional
information and recommendations which the Board may deem
valuable or which the Governor may request;
(11) (Blank);
(12) (Blank);
(13) To assume responsibility for administration and
enforcement of the Video Gaming Act;
(13.1) To assume responsibility for the administration
and enforcement of operations at organization gaming
facilities pursuant to this Act and the Illinois Horse
Racing Act of 1975;
(13.2) To assume responsibility for the administration
and enforcement of the Sports Wagering Act; and
(14) To adopt, by rule, a code of conduct governing
Board members and employees that ensure, to the maximum
extent possible, that persons subject to this Code avoid
situations, relationships, or associations that may
represent or lead to a conflict of interest.
Internal controls and changes submitted by licensees must
be reviewed and either approved or denied with cause within 90
days after receipt of submission is deemed final by the
Illinois Gaming Board. In the event an internal control
submission or change does not meet the standards set by the

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Board, staff of the Board must provide technical assistance to
the licensee to rectify such deficiencies within 90 days after
the initial submission and the revised submission must be
reviewed and approved or denied with cause within 90 days after
the date the revised submission is deemed final by the Board.
For the purposes of this paragraph, "with cause" means that the
approval of the submission would jeopardize the integrity of
gaming. In the event the Board staff has not acted within the
timeframe, the submission shall be deemed approved.
(c) The Board shall have jurisdiction over and shall
supervise all gambling operations governed by this Act. The
Board shall have all powers necessary and proper to fully and
effectively execute the provisions of this Act, including, but
not limited to, the following:
(1) To investigate applicants and determine the
eligibility of applicants for licenses and to select among
competing applicants the applicants which best serve the
interests of the citizens of Illinois.
(2) To have jurisdiction and supervision over all
riverboat gambling operations authorized under this Act
and all persons in places where gambling operations are
conducted.
(3) To promulgate rules and regulations for the purpose
of administering the provisions of this Act and to
prescribe rules, regulations and conditions under which
all gambling operations subject to this Act shall be

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conducted. Such rules and regulations are to provide for
the prevention of practices detrimental to the public
interest and for the best interests of riverboat gambling,
including rules and regulations regarding the inspection
of organization gaming facilities, casinos, and
riverboats, and the review of any permits or licenses
necessary to operate a riverboat, casino, or organization
gaming facility under any laws or regulations applicable to
riverboats, casinos, or organization gaming facilities and
to impose penalties for violations thereof.
(4) To enter the office, riverboats, casinos,
organization gaming facilities, and other facilities, or
other places of business of a licensee, where evidence of
the compliance or noncompliance with the provisions of this
Act is likely to be found.
(5) To investigate alleged violations of this Act or
the rules of the Board and to take appropriate disciplinary
action against a licensee or a holder of an occupational
license for a violation, or institute appropriate legal
action for enforcement, or both.
(6) To adopt standards for the licensing of all persons
and entities under this Act, as well as for electronic or
mechanical gambling games, and to establish fees for such
licenses.
(7) To adopt appropriate standards for all
organization gaming facilities, riverboats, casinos, and

SB3642 - 988 - LRB101 20589 WGH 70218 b
other facilities authorized under this Act.
(8) To require that the records, including financial or
other statements of any licensee under this Act, shall be
kept in such manner as prescribed by the Board and that any
such licensee involved in the ownership or management of
gambling operations submit to the Board an annual balance
sheet and profit and loss statement, list of the
stockholders or other persons having a 1% or greater
beneficial interest in the gambling activities of each
licensee, and any other information the Board deems
necessary in order to effectively administer this Act and
all rules, regulations, orders and final decisions
promulgated under this Act.
(9) To conduct hearings, issue subpoenas for the
attendance of witnesses and subpoenas duces tecum for the
production of books, records and other pertinent documents
in accordance with the Illinois Administrative Procedure
Act, and to administer oaths and affirmations to the
witnesses, when, in the judgment of the Board, it is
necessary to administer or enforce this Act or the Board
rules.
(10) To prescribe a form to be used by any licensee
involved in the ownership or management of gambling
operations as an application for employment for their
employees.
(11) To revoke or suspend licenses, as the Board may

SB3642 - 989 - LRB101 20589 WGH 70218 b
see fit and in compliance with applicable laws of the State
regarding administrative procedures, and to review
applications for the renewal of licenses. The Board may
suspend an owners license or an organization gaming license
without notice or hearing upon a determination that the
safety or health of patrons or employees is jeopardized by
continuing a gambling operation conducted under that
license. The suspension may remain in effect until the
Board determines that the cause for suspension has been
abated. The Board may revoke an owners license or
organization gaming license upon a determination that the
licensee has not made satisfactory progress toward abating
the hazard.
(12) To eject or exclude or authorize the ejection or
exclusion of, any person from gambling facilities where
that person is in violation of this Act, rules and
regulations thereunder, or final orders of the Board, or
where such person's conduct or reputation is such that his
or her presence within the gambling facilities may, in the
opinion of the Board, call into question the honesty and
integrity of the gambling operations or interfere with the
orderly conduct thereof; provided that the propriety of
such ejection or exclusion is subject to subsequent hearing
by the Board.
(13) To require all licensees of gambling operations to
utilize a cashless wagering system whereby all players'

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money is converted to tokens, electronic cards, or chips
which shall be used only for wagering in the gambling
establishment.
(14) (Blank).
(15) To suspend, revoke or restrict licenses, to
require the removal of a licensee or an employee of a
licensee for a violation of this Act or a Board rule or for
engaging in a fraudulent practice, and to impose civil
penalties of up to $5,000 against individuals and up to
$10,000 or an amount equal to the daily gross receipts,
whichever is larger, against licensees for each violation
of any provision of the Act, any rules adopted by the
Board, any order of the Board or any other action which, in
the Board's discretion, is a detriment or impediment to
gambling operations.
(16) To hire employees to gather information, conduct
investigations and carry out any other tasks contemplated
under this Act.
(17) To establish minimum levels of insurance to be
maintained by licensees.
(18) To authorize a licensee to sell or serve alcoholic
liquors, wine or beer as defined in the Liquor Control Act
of 1934 on board a riverboat or in a casino and to have
exclusive authority to establish the hours for sale and
consumption of alcoholic liquor on board a riverboat or in
a casino, notwithstanding any provision of the Liquor

SB3642 - 991 - LRB101 20589 WGH 70218 b
Control Act of 1934 or any local ordinance, and regardless
of whether the riverboat makes excursions. The
establishment of the hours for sale and consumption of
alcoholic liquor on board a riverboat or in a casino is an
exclusive power and function of the State. A home rule unit
may not establish the hours for sale and consumption of
alcoholic liquor on board a riverboat or in a casino. This
subdivision (18) is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(19) After consultation with the U.S. Army Corps of
Engineers, to establish binding emergency orders upon the
concurrence of a majority of the members of the Board
regarding the navigability of water, relative to
excursions, in the event of extreme weather conditions,
acts of God or other extreme circumstances.
(20) To delegate the execution of any of its powers
under this Act for the purpose of administering and
enforcing this Act and the rules adopted by the Board.
(20.5) To approve any contract entered into on its
behalf.
(20.6) To appoint investigators to conduct
investigations, searches, seizures, arrests, and other
duties imposed under this Act, as deemed necessary by the
Board. These investigators have and may exercise all of the
rights and powers of peace officers, provided that these

SB3642 - 992 - LRB101 20589 WGH 70218 b
powers shall be limited to offenses or violations occurring
or committed in a casino, in an organization gaming
facility, or on a riverboat or dock, as defined in
subsections (d) and (f) of Section 4, or as otherwise
provided by this Act or any other law.
(20.7) To contract with the Illinois Department of
State Police for the use of trained and qualified State
police officers and with the Department of Revenue for the
use of trained and qualified Department of Revenue
investigators to conduct investigations, searches,
seizures, arrests, and other duties imposed under this Act
and to exercise all of the rights and powers of peace
officers, provided that the powers of Department of Revenue
investigators under this subdivision (20.7) shall be
limited to offenses or violations occurring or committed in
a casino, in an organization gaming facility, or on a
riverboat or dock, as defined in subsections (d) and (f) of
Section 4, or as otherwise provided by this Act or any
other law. In the event the Illinois Department of State
Police or the Department of Revenue is unable to fill
contracted police or investigative positions, the Board
may appoint investigators to fill those positions pursuant
to subdivision (20.6).
(21) To adopt rules concerning the conduct of gaming
pursuant to an organization gaming license issued under
this Act.

SB3642 - 993 - LRB101 20589 WGH 70218 b
(22) To have the same jurisdiction and supervision over
casinos and organization gaming facilities as the Board has
over riverboats, including, but not limited to, the power
to (i) investigate, review, and approve contracts as that
power is applied to riverboats, (ii) adopt rules for
administering the provisions of this Act, (iii) adopt
standards for the licensing of all persons involved with a
casino or organization gaming facility, (iv) investigate
alleged violations of this Act by any person involved with
a casino or organization gaming facility, and (v) require
that records, including financial or other statements of
any casino or organization gaming facility, shall be kept
in such manner as prescribed by the Board.
(23) To take any other action as may be reasonable or
appropriate to enforce this Act and the rules adopted by
the Board.
(d) The Board may seek and shall receive the cooperation of
the Illinois Department of State Police in conducting
background investigations of applicants and in fulfilling its
responsibilities under this Section. Costs incurred by the
Illinois Department of State Police as a result of such
cooperation shall be paid by the Board in conformance with the
requirements of Section 2605-400 of the Illinois Department of
State Police Law.
(e) The Board must authorize to each investigator and to
any other employee of the Board exercising the powers of a

SB3642 - 994 - LRB101 20589 WGH 70218 b
peace officer a distinct badge that, on its face, (i) clearly
states that the badge is authorized by the Board and (ii)
contains a unique identifying number. No other badge shall be
authorized by the Board.
(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
(230 ILCS 10/6) (from Ch. 120, par. 2406)
Sec. 6. Application for owners license.
(a) A qualified person may apply to the Board for an owners
license to conduct a gambling operation as provided in this
Act. The application shall be made on forms provided by the
Board and shall contain such information as the Board
prescribes, including but not limited to the identity of the
riverboat on which such gambling operation is to be conducted,
if applicable, and the exact location where such riverboat or
casino will be located, a certification that the riverboat will
be registered under this Act at all times during which gambling
operations are conducted on board, detailed information
regarding the ownership and management of the applicant, and
detailed personal information regarding the applicant. Any
application for an owners license to be re-issued on or after
June 1, 2003 shall also include the applicant's license bid in
a form prescribed by the Board. Information provided on the
application shall be used as a basis for a thorough background
investigation which the Board shall conduct with respect to
each applicant. An incomplete application shall be cause for

SB3642 - 995 - LRB101 20589 WGH 70218 b
denial of a license by the Board.
(a-5) In addition to any other information required under
this Section, each application for an owners license must
include the following information:
(1) The history and success of the applicant and each
person and entity disclosed under subsection (c) of this
Section in developing tourism facilities ancillary to
gaming, if applicable.
(2) The likelihood that granting a license to the
applicant will lead to the creation of quality, living wage
jobs and permanent, full-time jobs for residents of the
State and residents of the unit of local government that is
designated as the home dock of the proposed facility where
gambling is to be conducted by the applicant.
(3) The projected number of jobs that would be created
if the license is granted and the projected number of new
employees at the proposed facility where gambling is to be
conducted by the applicant.
(4) The record, if any, of the applicant and its
developer in meeting commitments to local agencies,
community-based organizations, and employees at other
locations where the applicant or its developer has
performed similar functions as they would perform if the
applicant were granted a license.
(5) Identification of adverse effects that might be
caused by the proposed facility where gambling is to be

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conducted by the applicant, including the costs of meeting
increased demand for public health care, child care, public
transportation, affordable housing, and social services,
and a plan to mitigate those adverse effects.
(6) The record, if any, of the applicant and its
developer regarding compliance with:
(A) federal, state, and local discrimination, wage
and hour, disability, and occupational and
environmental health and safety laws; and
(B) state and local labor relations and employment
laws.
(7) The applicant's record, if any, in dealing with its
employees and their representatives at other locations.
(8) A plan concerning the utilization of
minority-owned and women-owned businesses and concerning
the hiring of minorities and women.
(9) Evidence the applicant used its best efforts to
reach a goal of 25% ownership representation by minority
persons and 5% ownership representation by women.
(b) Applicants shall submit with their application all
documents, resolutions, and letters of support from the
governing body that represents the municipality or county
wherein the licensee will be located.
(c) Each applicant shall disclose the identity of every
person or entity having a greater than 1% direct or indirect
pecuniary interest in the gambling operation with respect to

SB3642 - 997 - LRB101 20589 WGH 70218 b
which the license is sought. If the disclosed entity is a
trust, the application shall disclose the names and addresses
of all beneficiaries; if a corporation, the names and addresses
of all stockholders and directors; if a partnership, the names
and addresses of all partners, both general and limited.
(d) An application shall be filed and considered in
accordance with the rules of the Board. Each application shall
be accompanied by a nonrefundable application fee of $250,000.
In addition, a nonrefundable fee of $50,000 shall be paid at
the time of filing to defray the costs associated with the
background investigation conducted by the Board. If the costs
of the investigation exceed $50,000, the applicant shall pay
the additional amount to the Board within 7 days after
requested by the Board. If the costs of the investigation are
less than $50,000, the applicant shall receive a refund of the
remaining amount. All information, records, interviews,
reports, statements, memoranda or other data supplied to or
used by the Board in the course of its review or investigation
of an application for a license or a renewal under this Act
shall be privileged, strictly confidential and shall be used
only for the purpose of evaluating an applicant for a license
or a renewal. Such information, records, interviews, reports,
statements, memoranda or other data shall not be admissible as
evidence, nor discoverable in any action of any kind in any
court or before any tribunal, board, agency or person, except
for any action deemed necessary by the Board. The application

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fee shall be deposited into the State Gaming Fund.
(e) The Board shall charge each applicant a fee set by the
Illinois Department of State Police to defray the costs
associated with the search and classification of fingerprints
obtained by the Board with respect to the applicant's
application. These fees shall be paid into the State Police
Services Fund. In order to expedite the application process,
the Board may establish rules allowing applicants to acquire
criminal background checks and financial integrity reviews as
part of the initial application process from a list of vendors
approved by the Board.
(f) The licensed owner shall be the person primarily
responsible for the boat or casino itself. Only one gambling
operation may be authorized by the Board on any riverboat or in
any casino. The applicant must identify the riverboat or
premises it intends to use and certify that the riverboat or
premises: (1) has the authorized capacity required in this Act;
(2) is accessible to persons with disabilities; and (3) is
fully registered and licensed in accordance with any applicable
laws.
(g) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/7.7)
Sec. 7.7. Organization gaming licenses.

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(a) The Illinois Gaming Board shall award one organization
gaming license to each person or entity having operating
control of a racetrack that applies under Section 56 of the
Illinois Horse Racing Act of 1975, subject to the application
and eligibility requirements of this Section. Within 60 days
after the effective date of this amendatory Act of the 101st
General Assembly, a person or entity having operating control
of a racetrack may submit an application for an organization
gaming license. The application shall be made on such forms as
provided by the Board and shall contain such information as the
Board prescribes, including, but not limited to, the identity
of any racetrack at which gaming will be conducted pursuant to
an organization gaming license, detailed information regarding
the ownership and management of the applicant, and detailed
personal information regarding the applicant. The application
shall specify the number of gaming positions the applicant
intends to use and the place where the organization gaming
facility will operate. A person who knowingly makes a false
statement on an application is guilty of a Class A misdemeanor.
Each applicant shall disclose the identity of every person
or entity having a direct or indirect pecuniary interest
greater than 1% in any racetrack with respect to which the
license is sought. If the disclosed entity is a corporation,
the applicant shall disclose the names and addresses of all
officers, stockholders, and directors. If the disclosed entity
is a limited liability company, the applicant shall disclose

SB3642 - 1000 - LRB101 20589 WGH 70218 b
the names and addresses of all members and managers. If the
disclosed entity is a partnership, the applicant shall disclose
the names and addresses of all partners, both general and
limited. If the disclosed entity is a trust, the applicant
shall disclose the names and addresses of all beneficiaries.
An application shall be filed and considered in accordance
with the rules of the Board. Each application for an
organization gaming license shall include a nonrefundable
application fee of $250,000. In addition, a nonrefundable fee
of $50,000 shall be paid at the time of filing to defray the
costs associated with background investigations conducted by
the Board. If the costs of the background investigation exceed
$50,000, the applicant shall pay the additional amount to the
Board within 7 days after a request by the Board. If the costs
of the investigation are less than $50,000, the applicant shall
receive a refund of the remaining amount. All information,
records, interviews, reports, statements, memoranda, or other
data supplied to or used by the Board in the course of this
review or investigation of an applicant for an organization
gaming license under this Act shall be privileged and strictly
confidential and shall be used only for the purpose of
evaluating an applicant for an organization gaming license or a
renewal. Such information, records, interviews, reports,
statements, memoranda, or other data shall not be admissible as
evidence nor discoverable in any action of any kind in any
court or before any tribunal, board, agency or person, except

SB3642 - 1001 - LRB101 20589 WGH 70218 b
for any action deemed necessary by the Board. The application
fee shall be deposited into the State Gaming Fund.
Any applicant or key person, including the applicant's
owners, officers, directors (if a corporation), managers and
members (if a limited liability company), and partners (if a
partnership), for an organization gaming license shall have his
or her fingerprints submitted to the Illinois Department of
State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Illinois Department of
State Police. These fingerprints shall be checked against the
Illinois Department of State Police and Federal Bureau of
Investigation criminal history record databases now and
hereafter filed, including, but not limited to, civil,
criminal, and latent fingerprint databases. The Illinois
Department of State Police shall charge applicants a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
Department of State Police shall furnish, pursuant to positive
identification, records of Illinois criminal history to the
Department.
(b) The Board shall determine within 120 days after
receiving an application for an organization gaming license
whether to grant an organization gaming license to the
applicant. If the Board does not make a determination within

SB3642 - 1002 - LRB101 20589 WGH 70218 b
that time period, then the Board shall give a written
explanation to the applicant as to why it has not reached a
determination and when it reasonably expects to make a
determination.
The organization gaming licensee shall purchase up to the
amount of gaming positions authorized under this Act within 120
days after receiving its organization gaming license. If an
organization gaming licensee is prepared to purchase the gaming
positions, but is temporarily prohibited from doing so by order
of a court of competent jurisdiction or the Board, then the
120-day period is tolled until a resolution is reached.
An organization gaming license shall authorize its holder
to conduct gaming under this Act at its racetracks on the same
days of the year and hours of the day that owners licenses are
allowed to operate under approval of the Board.
An organization gaming license and any renewal of an
organization gaming license shall authorize gaming pursuant to
this Section for a period of 4 years. The fee for the issuance
or renewal of an organization gaming license shall be $250,000.
All payments by licensees under this subsection (b) shall
be deposited into the Rebuild Illinois Projects Fund.
(c) To be eligible to conduct gaming under this Section, a
person or entity having operating control of a racetrack must
(i) obtain an organization gaming license, (ii) hold an
organization license under the Illinois Horse Racing Act of
1975, (iii) hold an inter-track wagering license, (iv) pay an

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initial fee of $30,000 per gaming position from organization
gaming licensees where gaming is conducted in Cook County and,
except as provided in subsection (c-5), $17,500 for
organization gaming licensees where gaming is conducted
outside of Cook County before beginning to conduct gaming plus
make the reconciliation payment required under subsection (k),
(v) conduct live racing in accordance with subsections (e-1),
(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
of 1975, (vi) meet the requirements of subsection (a) of
Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
organization licensees conducting standardbred race meetings,
keep backstretch barns and dormitories open and operational
year-round unless a lesser schedule is mutually agreed to by
the organization licensee and the horsemen association racing
at that organization licensee's race meeting, (viii) for
organization licensees conducting thoroughbred race meetings,
the organization licensee must maintain accident medical
expense liability insurance coverage of $1,000,000 for
jockeys, and (ix) meet all other requirements of this Act that
apply to owners licensees.
An organization gaming licensee may enter into a joint
venture with a licensed owner to own, manage, conduct, or
otherwise operate the organization gaming licensee's
organization gaming facilities, unless the organization gaming
licensee has a parent company or other affiliated company that
is, directly or indirectly, wholly owned by a parent company

SB3642 - 1004 - LRB101 20589 WGH 70218 b
that is also licensed to conduct organization gaming, casino
gaming, or their equivalent in another state.
All payments by licensees under this subsection (c) shall
be deposited into the Rebuild Illinois Projects Fund.
(c-5) A person or entity having operating control of a
racetrack located in Madison County shall only pay the initial
fees specified in subsection (c) for 540 of the gaming
positions authorized under the license.
(d) A person or entity is ineligible to receive an
organization gaming license if:
(1) the person or entity has been convicted of a felony
under the laws of this State, any other state, or the
United States, including a conviction under the Racketeer
Influenced and Corrupt Organizations Act;
(2) the person or entity has been convicted of any
violation of Article 28 of the Criminal Code of 2012, or
substantially similar laws of any other jurisdiction;
(3) the person or entity has submitted an application
for a license under this Act that contains false
information;
(4) the person is a member of the Board;
(5) a person defined in (1), (2), (3), or (4) of this
subsection (d) is an officer, director, or managerial
employee of the entity;
(6) the person or entity employs a person defined in
(1), (2), (3), or (4) of this subsection (d) who

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participates in the management or operation of gambling
operations authorized under this Act; or
(7) a license of the person or entity issued under this
Act or a license to own or operate gambling facilities in
any other jurisdiction has been revoked.
(e) The Board may approve gaming positions pursuant to an
organization gaming license statewide as provided in this
Section. The authority to operate gaming positions under this
Section shall be allocated as follows: up to 1,200 gaming
positions for any organization gaming licensee in Cook County
and up to 900 gaming positions for any organization gaming
licensee outside of Cook County.
(f) Each applicant for an organization gaming license shall
specify in its application for licensure the number of gaming
positions it will operate, up to the applicable limitation set
forth in subsection (e) of this Section. Any unreserved gaming
positions that are not specified shall be forfeited and
retained by the Board. For the purposes of this subsection (f),
an organization gaming licensee that did not conduct live
racing in 2010 and is located within 3 miles of the Mississippi
River may reserve up to 900 positions and shall not be
penalized under this Section for not operating those positions
until it meets the requirements of subsection (e) of this
Section, but such licensee shall not request unreserved gaming
positions under this subsection (f) until its 900 positions are
all operational.

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Thereafter, the Board shall publish the number of
unreserved gaming positions and shall accept requests for
additional positions from any organization gaming licensee
that initially reserved all of the positions that were offered.
The Board shall allocate expeditiously the unreserved gaming
positions to requesting organization gaming licensees in a
manner that maximizes revenue to the State. The Board may
allocate any such unused gaming positions pursuant to an open
and competitive bidding process, as provided under Section 7.5
of this Act. This process shall continue until all unreserved
gaming positions have been purchased. All positions obtained
pursuant to this process and all positions the organization
gaming licensee specified it would operate in its application
must be in operation within 18 months after they were obtained
or the organization gaming licensee forfeits the right to
operate those positions, but is not entitled to a refund of any
fees paid. The Board may, after holding a public hearing, grant
extensions so long as the organization gaming licensee is
working in good faith to make the positions operational. The
extension may be for a period of 6 months. If, after the period
of the extension, the organization gaming licensee has not made
the positions operational, then another public hearing must be
held by the Board before it may grant another extension.
Unreserved gaming positions retained from and allocated to
organization gaming licensees by the Board pursuant to this
subsection (f) shall not be allocated to owners licensees under

SB3642 - 1007 - LRB101 20589 WGH 70218 b
this Act.
For the purpose of this subsection (f), the unreserved
gaming positions for each organization gaming licensee shall be
the applicable limitation set forth in subsection (e) of this
Section, less the number of reserved gaming positions by such
organization gaming licensee, and the total unreserved gaming
positions shall be the aggregate of the unreserved gaming
positions for all organization gaming licensees.
(g) An organization gaming licensee is authorized to
conduct the following at a racetrack:
(1) slot machine gambling;
(2) video game of chance gambling;
(3) gambling with electronic gambling games as defined
in this Act or defined by the Illinois Gaming Board; and
(4) table games.
(h) Subject to the approval of the Illinois Gaming Board,
an organization gaming licensee may make modification or
additions to any existing buildings and structures to comply
with the requirements of this Act. The Illinois Gaming Board
shall make its decision after consulting with the Illinois
Racing Board. In no case, however, shall the Illinois Gaming
Board approve any modification or addition that alters the
grounds of the organization licensee such that the act of live
racing is an ancillary activity to gaming authorized under this
Section. Gaming authorized under this Section may take place in
existing structures where inter-track wagering is conducted at

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the racetrack or a facility within 300 yards of the racetrack
in accordance with the provisions of this Act and the Illinois
Horse Racing Act of 1975.
(i) An organization gaming licensee may conduct gaming at a
temporary facility pending the construction of a permanent
facility or the remodeling or relocation of an existing
facility to accommodate gaming participants for up to 24 months
after the temporary facility begins to conduct gaming
authorized under this Section. Upon request by an organization
gaming licensee and upon a showing of good cause by the
organization gaming licensee, the Board shall extend the period
during which the licensee may conduct gaming authorized under
this Section at a temporary facility by up to 12 months. The
Board shall make rules concerning the conduct of gaming
authorized under this Section from temporary facilities.
The gaming authorized under this Section may take place in
existing structures where inter-track wagering is conducted at
the racetrack or a facility within 300 yards of the racetrack
in accordance with the provisions of this Act and the Illinois
Horse Racing Act of 1975.
(i-5) Under no circumstances shall an organization gaming
licensee conduct gaming at any State or county fair.
(j) The Illinois Gaming Board must adopt emergency rules in
accordance with Section 5-45 of the Illinois Administrative
Procedure Act as necessary to ensure compliance with the
provisions of this amendatory Act of the 101st General Assembly

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concerning the conduct of gaming by an organization gaming
licensee. The adoption of emergency rules authorized by this
subsection (j) shall be deemed to be necessary for the public
interest, safety, and welfare.
(k) Each organization gaming licensee who obtains gaming
positions must make a reconciliation payment 3 years after the
date the organization gaming licensee begins operating the
positions in an amount equal to 75% of the difference between
its adjusted gross receipts from gaming authorized under this
Section and amounts paid to its purse accounts pursuant to item
(1) of subsection (b) of Section 56 of the Illinois Horse
Racing Act of 1975 for the 12-month period for which such
difference was the largest, minus an amount equal to the
initial per position fee paid by the organization gaming
licensee. If this calculation results in a negative amount,
then the organization gaming licensee is not entitled to any
reimbursement of fees previously paid. This reconciliation
payment may be made in installments over a period of no more
than 2 years, subject to Board approval. Any installment
payments shall include an annual market interest rate as
determined by the Board.
All payments by licensees under this subsection (k) shall
be deposited into the Rebuild Illinois Projects Fund.
(l) As soon as practical after a request is made by the
Illinois Gaming Board, to minimize duplicate submissions by the
applicant, the Illinois Racing Board must provide information

SB3642 - 1010 - LRB101 20589 WGH 70218 b
on an applicant for an organization gaming license to the
Illinois Gaming Board.
(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
(230 ILCS 10/9) (from Ch. 120, par. 2409)
Sec. 9. Occupational licenses.
(a) The Board may issue an occupational license to an
applicant upon the payment of a non-refundable fee set by the
Board, upon a determination by the Board that the applicant is
eligible for an occupational license and upon payment of an
annual license fee in an amount to be established. To be
eligible for an occupational license, an applicant must:
(1) be at least 21 years of age if the applicant will
perform any function involved in gaming by patrons. Any
applicant seeking an occupational license for a non-gaming
function shall be at least 18 years of age;
(2) not have been convicted of a felony offense, a
violation of Article 28 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar statute of any other
jurisdiction;
(2.5) not have been convicted of a crime, other than a
crime described in item (2) of this subsection (a),
involving dishonesty or moral turpitude, except that the
Board may, in its discretion, issue an occupational license
to a person who has been convicted of a crime described in
this item (2.5) more than 10 years prior to his or her

SB3642 - 1011 - LRB101 20589 WGH 70218 b
application and has not subsequently been convicted of any
other crime;
(3) have demonstrated a level of skill or knowledge
which the Board determines to be necessary in order to
operate gambling aboard a riverboat, in a casino, or at an
organization gaming facility; and
(4) have met standards for the holding of an
occupational license as adopted by rules of the Board. Such
rules shall provide that any person or entity seeking an
occupational license to manage gambling operations under
this Act shall be subject to background inquiries and
further requirements similar to those required of
applicants for an owners license. Furthermore, such rules
shall provide that each such entity shall be permitted to
manage gambling operations for only one licensed owner.
(b) Each application for an occupational license shall be
on forms prescribed by the Board and shall contain all
information required by the Board. The applicant shall set
forth in the application: whether he has been issued prior
gambling related licenses; whether he has been licensed in any
other state under any other name, and, if so, such name and his
age; and whether or not a permit or license issued to him in
any other state has been suspended, restricted or revoked, and,
if so, for what period of time.
(c) Each applicant shall submit with his application, on
forms provided by the Board, 2 sets of his fingerprints. The

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Board shall charge each applicant a fee set by the Illinois
Department of State Police to defray the costs associated with
the search and classification of fingerprints obtained by the
Board with respect to the applicant's application. These fees
shall be paid into the State Police Services Fund.
(d) The Board may in its discretion refuse an occupational
license to any person: (1) who is unqualified to perform the
duties required of such applicant; (2) who fails to disclose or
states falsely any information called for in the application;
(3) who has been found guilty of a violation of this Act or
whose prior gambling related license or application therefor
has been suspended, restricted, revoked or denied for just
cause in any other state; or (4) for any other just cause.
(e) The Board may suspend, revoke or restrict any
occupational licensee: (1) for violation of any provision of
this Act; (2) for violation of any of the rules and regulations
of the Board; (3) for any cause which, if known to the Board,
would have disqualified the applicant from receiving such
license; or (4) for default in the payment of any obligation or
debt due to the State of Illinois; or (5) for any other just
cause.
(f) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(g) Any license issued pursuant to this Section shall be
valid for a period of one year from the date of issuance.
(h) Nothing in this Act shall be interpreted to prohibit a

SB3642 - 1013 - LRB101 20589 WGH 70218 b
licensed owner or organization gaming licensee from entering
into an agreement with a public community college or a school
approved under the Private Business and Vocational Schools Act
of 2012 for the training of any occupational licensee. Any
training offered by such a school shall be in accordance with a
written agreement between the licensed owner or organization
gaming licensee and the school.
(i) Any training provided for occupational licensees may be
conducted either at the site of the gambling facility or at a
school with which a licensed owner or organization gaming
licensee has entered into an agreement pursuant to subsection
(h).
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/11) (from Ch. 120, par. 2411)
Sec. 11. Conduct of gambling. Gambling may be conducted by
licensed owners or licensed managers on behalf of the State
aboard riverboats. Gambling may be conducted by organization
gaming licensees at organization gaming facilities. Gambling
authorized under this Section is subject to the following
standards:
(1) A licensee may conduct riverboat gambling
authorized under this Act regardless of whether it conducts
excursion cruises. A licensee may permit the continuous
ingress and egress of patrons on a riverboat not used for
excursion cruises for the purpose of gambling. Excursion

SB3642 - 1014 - LRB101 20589 WGH 70218 b
cruises shall not exceed 4 hours for a round trip. However,
the Board may grant express approval for an extended cruise
on a case-by-case basis.
(1.5) An owners licensee may conduct gambling
operations authorized under this Act 24 hours a day.
(2) (Blank).
(3) Minimum and maximum wagers on games shall be set by
the licensee.
(4) Agents of the Board and the Illinois Department of
State Police may board and inspect any riverboat, enter and
inspect any portion of a casino, or enter and inspect any
portion of an organization gaming facility at any time for
the purpose of determining whether this Act is being
complied with. Every riverboat, if under way and being
hailed by a law enforcement officer or agent of the Board,
must stop immediately and lay to.
(5) Employees of the Board shall have the right to be
present on the riverboat or in the casino or on adjacent
facilities under the control of the licensee and at the
organization gaming facility under the control of the
organization gaming licensee.
(6) Gambling equipment and supplies customarily used
in conducting gambling must be purchased or leased only
from suppliers licensed for such purpose under this Act.
The Board may approve the transfer, sale, or lease of
gambling equipment and supplies by a licensed owner from or

SB3642 - 1015 - LRB101 20589 WGH 70218 b
to an affiliate of the licensed owner as long as the
gambling equipment and supplies were initially acquired
from a supplier licensed in Illinois.
(7) Persons licensed under this Act shall permit no
form of wagering on gambling games except as permitted by
this Act.
(8) Wagers may be received only from a person present
on a licensed riverboat, in a casino, or at an organization
gaming facility. No person present on a licensed riverboat,
in a casino, or at an organization gaming facility shall
place or attempt to place a wager on behalf of another
person who is not present on the riverboat, in a casino, or
at the organization gaming facility.
(9) Wagering, including gaming authorized under
Section 7.7, shall not be conducted with money or other
negotiable currency.
(10) A person under age 21 shall not be permitted on an
area of a riverboat or casino where gambling is being
conducted or at an organization gaming facility where
gambling is being conducted, except for a person at least
18 years of age who is an employee of the riverboat or
casino gambling operation or gaming operation. No employee
under age 21 shall perform any function involved in
gambling by the patrons. No person under age 21 shall be
permitted to make a wager under this Act, and any winnings
that are a result of a wager by a person under age 21,

SB3642 - 1016 - LRB101 20589 WGH 70218 b
whether or not paid by a licensee, shall be treated as
winnings for the privilege tax purposes, confiscated, and
forfeited to the State and deposited into the Education
Assistance Fund.
(11) Gambling excursion cruises are permitted only
when the waterway for which the riverboat is licensed is
navigable, as determined by the Board in consultation with
the U.S. Army Corps of Engineers. This paragraph (11) does
not limit the ability of a licensee to conduct gambling
authorized under this Act when gambling excursion cruises
are not permitted.
(12) All tickets, chips, or electronic cards used to
make wagers must be purchased (i) from a licensed owner or
manager, in the case of a riverboat, either aboard a
riverboat or at an onshore facility which has been approved
by the Board and which is located where the riverboat
docks, (ii) in the case of a casino, from a licensed owner
at the casino, or (iii) from an organization gaming
licensee at the organization gaming facility. The tickets,
chips, or electronic cards may be purchased by means of an
agreement under which the owner or manager extends credit
to the patron. Such tickets, chips, or electronic cards may
be used while aboard the riverboat, in the casino, or at
the organization gaming facility only for the purpose of
making wagers on gambling games.
(13) Notwithstanding any other Section of this Act, in

SB3642 - 1017 - LRB101 20589 WGH 70218 b
addition to the other licenses authorized under this Act,
the Board may issue special event licenses allowing persons
who are not otherwise licensed to conduct riverboat
gambling to conduct such gambling on a specified date or
series of dates. Riverboat gambling under such a license
may take place on a riverboat not normally used for
riverboat gambling. The Board shall establish standards,
fees and fines for, and limitations upon, such licenses,
which may differ from the standards, fees, fines and
limitations otherwise applicable under this Act. All such
fees shall be deposited into the State Gaming Fund. All
such fines shall be deposited into the Education Assistance
Fund, created by Public Act 86-0018, of the State of
Illinois.
(14) In addition to the above, gambling must be
conducted in accordance with all rules adopted by the
Board.
(Source: P.A. 101-31, eff. 6-28-19.)
(230 ILCS 10/13) (from Ch. 120, par. 2413)
Sec. 13. Wagering tax; rate; distribution.
(a) Until January 1, 1998, a tax is imposed on the adjusted
gross receipts received from gambling games authorized under
this Act at the rate of 20%.
(a-1) From January 1, 1998 until July 1, 2002, a privilege
tax is imposed on persons engaged in the business of conducting

SB3642 - 1018 - LRB101 20589 WGH 70218 b
riverboat gambling operations, based on the adjusted gross
receipts received by a licensed owner from gambling games
authorized under this Act at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
25% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
30% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
35% of annual adjusted gross receipts in excess of
$100,000,000.
(a-2) From July 1, 2002 until July 1, 2003, a privilege tax
is imposed on persons engaged in the business of conducting
riverboat gambling operations, other than licensed managers
conducting riverboat gambling operations on behalf of the
State, based on the adjusted gross receipts received by a
licensed owner from gambling games authorized under this Act at
the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;

SB3642 - 1019 - LRB101 20589 WGH 70218 b
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
(a-3) Beginning July 1, 2003, a privilege tax is imposed on
persons engaged in the business of conducting riverboat
gambling operations, other than licensed managers conducting
riverboat gambling operations on behalf of the State, based on
the adjusted gross receipts received by a licensed owner from
gambling games authorized under this Act at the following
rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
27.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $37,500,000;
32.5% of annual adjusted gross receipts in excess of
$37,500,000 but not exceeding $50,000,000;
37.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
45% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
50% of annual adjusted gross receipts in excess of

SB3642 - 1020 - LRB101 20589 WGH 70218 b
$100,000,000 but not exceeding $250,000,000;
70% of annual adjusted gross receipts in excess of
$250,000,000.
An amount equal to the amount of wagering taxes collected
under this subsection (a-3) that are in addition to the amount
of wagering taxes that would have been collected if the
wagering tax rates under subsection (a-2) were in effect shall
be paid into the Common School Fund.
The privilege tax imposed under this subsection (a-3) shall
no longer be imposed beginning on the earlier of (i) July 1,
2005; (ii) the first date after June 20, 2003 that riverboat
gambling operations are conducted pursuant to a dormant
license; or (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners
license that is in addition to the 10 owners licenses initially
authorized under this Act. For the purposes of this subsection
(a-3), the term "dormant license" means an owners license that
is authorized by this Act under which no riverboat gambling
operations are being conducted on June 20, 2003.
(a-4) Beginning on the first day on which the tax imposed
under subsection (a-3) is no longer imposed and ending upon the
imposition of the privilege tax under subsection (a-5) of this
Section, a privilege tax is imposed on persons engaged in the
business of conducting gambling operations, other than
licensed managers conducting riverboat gambling operations on
behalf of the State, based on the adjusted gross receipts

SB3642 - 1021 - LRB101 20589 WGH 70218 b
received by a licensed owner from gambling games authorized
under this Act at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
For the imposition of the privilege tax in this subsection
(a-4), amounts paid pursuant to item (1) of subsection (b) of
Section 56 of the Illinois Horse Racing Act of 1975 shall not
be included in the determination of adjusted gross receipts.
(a-5) Beginning on the first day that an owners licensee
under paragraph (1), (2), (3), (4), (5), or (6) of subsection
(e-5) of Section 7 conducts gambling operations, either in a
temporary facility or a permanent facility, a privilege tax is
imposed on persons engaged in the business of conducting
gambling operations, other than licensed managers conducting

SB3642 - 1022 - LRB101 20589 WGH 70218 b
riverboat gambling operations on behalf of the State, based on
the adjusted gross receipts received by such licensee from the
gambling games authorized under this Act. The privilege tax for
all gambling games other than table games, including, but not
limited to, slot machines, video game of chance gambling, and
electronic gambling games shall be at the following rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
22.5% of annual adjusted gross receipts in excess of
$25,000,000 but not exceeding $50,000,000;
27.5% of annual adjusted gross receipts in excess of
$50,000,000 but not exceeding $75,000,000;
32.5% of annual adjusted gross receipts in excess of
$75,000,000 but not exceeding $100,000,000;
37.5% of annual adjusted gross receipts in excess of
$100,000,000 but not exceeding $150,000,000;
45% of annual adjusted gross receipts in excess of
$150,000,000 but not exceeding $200,000,000;
50% of annual adjusted gross receipts in excess of
$200,000,000.
The privilege tax for table games shall be at the following
rates:
15% of annual adjusted gross receipts up to and
including $25,000,000;
20% of annual adjusted gross receipts in excess of
$25,000,000.

SB3642 - 1023 - LRB101 20589 WGH 70218 b
For the imposition of the privilege tax in this subsection
(a-5), amounts paid pursuant to item (1) of subsection (b) of
Section 56 of the Illinois Horse Racing Act of 1975 shall not
be included in the determination of adjusted gross receipts.
Notwithstanding the provisions of this subsection (a-5),
for the first 10 years that the privilege tax is imposed under
this subsection (a-5), the privilege tax shall be imposed on
the modified annual adjusted gross receipts of a riverboat or
casino conducting gambling operations in the City of East St.
Louis, unless:
(1) the riverboat or casino fails to employ at least
450 people;
(2) the riverboat or casino fails to maintain
operations in a manner consistent with this Act or is not a
viable riverboat or casino subject to the approval of the
Board; or
(3) the owners licensee is not an entity in which
employees participate in an employee stock ownership plan.
As used in this subsection (a-5), "modified annual adjusted
gross receipts" means:
(A) for calendar year 2020, the annual adjusted gross
receipts for the current year minus the difference between
an amount equal to the average annual adjusted gross
receipts from a riverboat or casino conducting gambling
operations in the City of East St. Louis for 2014, 2015,
2016, 2017, and 2018 and the annual adjusted gross receipts

SB3642 - 1024 - LRB101 20589 WGH 70218 b
for 2018;
(B) for calendar year 2021, the annual adjusted gross
receipts for the current year minus the difference between
an amount equal to the average annual adjusted gross
receipts from a riverboat or casino conducting gambling
operations in the City of East St. Louis for 2014, 2015,
2016, 2017, and 2018 and the annual adjusted gross receipts
for 2019; and
(C) for calendar years 2022 through 2029, the annual
adjusted gross receipts for the current year minus the
difference between an amount equal to the average annual
adjusted gross receipts from a riverboat or casino
conducting gambling operations in the City of East St.
Louis for 3 years preceding the current year and the annual
adjusted gross receipts for the immediately preceding
year.
(a-5.5) In addition to the privilege tax imposed under
subsection (a-5), a privilege tax is imposed on the owners
licensee under paragraph (1) of subsection (e-5) of Section 7
at the rate of one-third of the owners licensee's adjusted
gross receipts.
For the imposition of the privilege tax in this subsection
(a-5.5), amounts paid pursuant to item (1) of subsection (b) of
Section 56 of the Illinois Horse Racing Act of 1975 shall not
be included in the determination of adjusted gross receipts.
(a-6) From June 28, 2019 (the effective date of Public Act

SB3642 - 1025 - LRB101 20589 WGH 70218 b
101-31) this amendatory Act of the 101st General Assembly until
June 30, 2023, an owners licensee that conducted gambling
operations prior to January 1, 2011 shall receive a
dollar-for-dollar credit against the tax imposed under this
Section for any renovation or construction costs paid by the
owners licensee, but in no event shall the credit exceed
$2,000,000.
Additionally, from June 28, 2019 (the effective date of
Public Act 101-31) this amendatory Act of the 101st General
Assembly until December 31, 2022, an owners licensee that (i)
is located within 15 miles of the Missouri border, and (ii) has
at least 3 riverboats, casinos, or their equivalent within a
45-mile radius, may be authorized to relocate to a new location
with the approval of both the unit of local government
designated as the home dock and the Board, so long as the new
location is within the same unit of local government and no
more than 3 miles away from its original location. Such owners
licensee shall receive a credit against the tax imposed under
this Section equal to 8% of the total project costs, as
approved by the Board, for any renovation or construction costs
paid by the owners licensee for the construction of the new
facility, provided that the new facility is operational by July
1, 2022. In determining whether or not to approve a relocation,
the Board must consider the extent to which the relocation will
diminish the gaming revenues received by other Illinois gaming
facilities.

SB3642 - 1026 - LRB101 20589 WGH 70218 b
(a-7) Beginning in the initial adjustment year and through
the final adjustment year, if the total obligation imposed
pursuant to either subsection (a-5) or (a-6) will result in an
owners licensee receiving less after-tax adjusted gross
receipts than it received in calendar year 2018, then the total
amount of privilege taxes that the owners licensee is required
to pay for that calendar year shall be reduced to the extent
necessary so that the after-tax adjusted gross receipts in that
calendar year equals the after-tax adjusted gross receipts in
calendar year 2018, but the privilege tax reduction shall not
exceed the annual adjustment cap. If pursuant to this
subsection (a-7), the total obligation imposed pursuant to
either subsection (a-5) or (a-6) shall be reduced, then the
owners licensee shall not receive a refund from the State at
the end of the subject calendar year but instead shall be able
to apply that amount as a credit against any payments it owes
to the State in the following calendar year to satisfy its
total obligation under either subsection (a-5) or (a-6). The
credit for the final adjustment year shall occur in the
calendar year following the final adjustment year.
If an owners licensee that conducted gambling operations
prior to January 1, 2019 expands its riverboat or casino,
including, but not limited to, with respect to its gaming
floor, additional non-gaming amenities such as restaurants,
bars, and hotels and other additional facilities, and incurs
construction and other costs related to such expansion from

SB3642 - 1027 - LRB101 20589 WGH 70218 b
June 28, 2019 (the effective date of Public Act 101-31) this
amendatory Act of the 101st General Assembly until June 28,
2024 (the 5th anniversary of the effective date of Public Act
101-31) this amendatory Act of the 101st General Assembly, then
for each $15,000,000 spent for any such construction or other
costs related to expansion paid by the owners licensee, the
final adjustment year shall be extended by one year and the
annual adjustment cap shall increase by 0.2% of adjusted gross
receipts during each calendar year until and including the
final adjustment year. No further modifications to the final
adjustment year or annual adjustment cap shall be made after
$75,000,000 is incurred in construction or other costs related
to expansion so that the final adjustment year shall not extend
beyond the 9th calendar year after the initial adjustment year,
not including the initial adjustment year, and the annual
adjustment cap shall not exceed 4% of adjusted gross receipts
in a particular calendar year. Construction and other costs
related to expansion shall include all project related costs,
including, but not limited to, all hard and soft costs,
financing costs, on or off-site ground, road or utility work,
cost of gaming equipment and all other personal property,
initial fees assessed for each incremental gaming position, and
the cost of incremental land acquired for such expansion. Soft
costs shall include, but not be limited to, legal fees,
architect, engineering and design costs, other consultant
costs, insurance cost, permitting costs, and pre-opening costs

SB3642 - 1028 - LRB101 20589 WGH 70218 b
related to the expansion, including, but not limited to, any of
the following: marketing, real estate taxes, personnel,
training, travel and out-of-pocket expenses, supply,
inventory, and other costs, and any other project related soft
costs.
To be eligible for the tax credits in subsection (a-6), all
construction contracts shall include a requirement that the
contractor enter into a project labor agreement with the
building and construction trades council with geographic
jurisdiction of the location of the proposed gaming facility.
Notwithstanding any other provision of this subsection
(a-7), this subsection (a-7) does not apply to an owners
licensee unless such owners licensee spends at least
$15,000,000 on construction and other costs related to its
expansion, excluding the initial fees assessed for each
incremental gaming position.
This subsection (a-7) does not apply to owners licensees
authorized pursuant to subsection (e-5) of Section 7 of this
Act.
For purposes of this subsection (a-7):
"Building and construction trades council" means any
organization representing multiple construction entities that
are monitoring or attentive to compliance with public or
workers' safety laws, wage and hour requirements, or other
statutory requirements or that are making or maintaining
collective bargaining agreements.

SB3642 - 1029 - LRB101 20589 WGH 70218 b
"Initial adjustment year" means the year commencing on
January 1 of the calendar year immediately following the
earlier of the following:
(1) the commencement of gambling operations, either in
a temporary or permanent facility, with respect to the
owners license authorized under paragraph (1) of
subsection (e-5) of Section 7 of this Act; or
(2) June 28, 2021 (24 months after the effective date
of Public Act 101-31); this amendatory Act of the 101st
General Assembly,
provided the initial adjustment year shall not commence earlier
than June 28, 2020 (12 months after the effective date of
Public Act 101-31) this amendatory Act of the 101st General
Assembly.
"Final adjustment year" means the 2nd calendar year after
the initial adjustment year, not including the initial
adjustment year, and as may be extended further as described in
this subsection (a-7).
"Annual adjustment cap" means 3% of adjusted gross receipts
in a particular calendar year, and as may be increased further
as otherwise described in this subsection (a-7).
(a-8) Riverboat gambling operations conducted by a
licensed manager on behalf of the State are not subject to the
tax imposed under this Section.
(a-9) Beginning on January 1, 2020, the calculation of
gross receipts or adjusted gross receipts, for the purposes of

SB3642 - 1030 - LRB101 20589 WGH 70218 b
this Section, for a riverboat, a casino, or an organization
gaming facility shall not include the dollar amount of
non-cashable vouchers, coupons, and electronic promotions
redeemed by wagerers upon the riverboat, in the casino, or in
the organization gaming facility up to and including an amount
not to exceed 20% of a riverboat's, a casino's, or an
organization gaming facility's adjusted gross receipts.
The Illinois Gaming Board shall submit to the General
Assembly a comprehensive report no later than March 31, 2023
detailing, at a minimum, the effect of removing non-cashable
vouchers, coupons, and electronic promotions from this
calculation on net gaming revenues to the State in calendar
years 2020 through 2022, the increase or reduction in wagerers
as a result of removing non-cashable vouchers, coupons, and
electronic promotions from this calculation, the effect of the
tax rates in subsection (a-5) on net gaming revenues to this
State, and proposed modifications to the calculation.
(a-10) The taxes imposed by this Section shall be paid by
the licensed owner or the organization gaming licensee to the
Board not later than 5:00 o'clock p.m. of the day after the day
when the wagers were made.
(a-15) If the privilege tax imposed under subsection (a-3)
is no longer imposed pursuant to item (i) of the last paragraph
of subsection (a-3), then by June 15 of each year, each owners
licensee, other than an owners licensee that admitted 1,000,000
persons or fewer in calendar year 2004, must, in addition to

SB3642 - 1031 - LRB101 20589 WGH 70218 b
the payment of all amounts otherwise due under this Section,
pay to the Board a reconciliation payment in the amount, if
any, by which the licensed owner's base amount exceeds the
amount of net privilege tax paid by the licensed owner to the
Board in the then current State fiscal year. A licensed owner's
net privilege tax obligation due for the balance of the State
fiscal year shall be reduced up to the total of the amount paid
by the licensed owner in its June 15 reconciliation payment.
The obligation imposed by this subsection (a-15) is binding on
any person, firm, corporation, or other entity that acquires an
ownership interest in any such owners license. The obligation
imposed under this subsection (a-15) terminates on the earliest
of: (i) July 1, 2007, (ii) the first day after the effective
date of this amendatory Act of the 94th General Assembly that
riverboat gambling operations are conducted pursuant to a
dormant license, (iii) the first day that riverboat gambling
operations are conducted under the authority of an owners
license that is in addition to the 10 owners licenses initially
authorized under this Act, or (iv) the first day that a
licensee under the Illinois Horse Racing Act of 1975 conducts
gaming operations with slot machines or other electronic gaming
devices. The Board must reduce the obligation imposed under
this subsection (a-15) by an amount the Board deems reasonable
for any of the following reasons: (A) an act or acts of God,
(B) an act of bioterrorism or terrorism or a bioterrorism or
terrorism threat that was investigated by a law enforcement

SB3642 - 1032 - LRB101 20589 WGH 70218 b
agency, or (C) a condition beyond the control of the owners
licensee that does not result from any act or omission by the
owners licensee or any of its agents and that poses a hazardous
threat to the health and safety of patrons. If an owners
licensee pays an amount in excess of its liability under this
Section, the Board shall apply the overpayment to future
payments required under this Section.
For purposes of this subsection (a-15):
"Act of God" means an incident caused by the operation of
an extraordinary force that cannot be foreseen, that cannot be
avoided by the exercise of due care, and for which no person
can be held liable.
"Base amount" means the following:
For a riverboat in Alton, $31,000,000.
For a riverboat in East Peoria, $43,000,000.
For the Empress riverboat in Joliet, $86,000,000.
For a riverboat in Metropolis, $45,000,000.
For the Harrah's riverboat in Joliet, $114,000,000.
For a riverboat in Aurora, $86,000,000.
For a riverboat in East St. Louis, $48,500,000.
For a riverboat in Elgin, $198,000,000.
"Dormant license" has the meaning ascribed to it in
subsection (a-3).
"Net privilege tax" means all privilege taxes paid by a
licensed owner to the Board under this Section, less all
payments made from the State Gaming Fund pursuant to subsection

SB3642 - 1033 - LRB101 20589 WGH 70218 b
(b) of this Section.
The changes made to this subsection (a-15) by Public Act
94-839 are intended to restate and clarify the intent of Public
Act 94-673 with respect to the amount of the payments required
to be made under this subsection by an owners licensee to the
Board.
(b) From the tax revenue from riverboat or casino gambling
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of adjusted gross receipts generated by a
riverboat or a casino, other than a riverboat or casino
designated in paragraph (1), (3), or (4) of subsection (e-5) of
Section 7, shall be paid monthly, subject to appropriation by
the General Assembly, to the unit of local government in which
the casino is located or that is designated as the home dock of
the riverboat. Notwithstanding anything to the contrary,
beginning on the first day that an owners licensee under
paragraph (1), (2), (3), (4), (5), or (6) of subsection (e-5)
of Section 7 conducts gambling operations, either in a
temporary facility or a permanent facility, and for 2 years
thereafter, a unit of local government designated as the home
dock of a riverboat whose license was issued before January 1,
2019, other than a riverboat conducting gambling operations in
the City of East St. Louis, shall not receive less under this
subsection (b) than the amount the unit of local government
received under this subsection (b) in calendar year 2018.
Notwithstanding anything to the contrary and because the City

SB3642 - 1034 - LRB101 20589 WGH 70218 b
of East St. Louis is a financially distressed city, beginning
on the first day that an owners licensee under paragraph (1),
(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
conducts gambling operations, either in a temporary facility or
a permanent facility, and for 10 years thereafter, a unit of
local government designated as the home dock of a riverboat
conducting gambling operations in the City of East St. Louis
shall not receive less under this subsection (b) than the
amount the unit of local government received under this
subsection (b) in calendar year 2018.
From the tax revenue deposited in the State Gaming Fund
pursuant to riverboat or casino gambling operations conducted
by a licensed manager on behalf of the State, an amount equal
to 5% of adjusted gross receipts generated pursuant to those
riverboat or casino gambling operations shall be paid monthly,
subject to appropriation by the General Assembly, to the unit
of local government that is designated as the home dock of the
riverboat upon which those riverboat gambling operations are
conducted or in which the casino is located.
From the tax revenue from riverboat or casino gambling
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of the adjusted gross receipts generated by
a riverboat designated in paragraph (3) of subsection (e-5) of
Section 7 shall be divided and remitted monthly, subject to
appropriation, as follows: 70% to Waukegan, 10% to Park City,
15% to North Chicago, and 5% to Lake County.

SB3642 - 1035 - LRB101 20589 WGH 70218 b
From the tax revenue from riverboat or casino gambling
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of the adjusted gross receipts generated by
a riverboat designated in paragraph (4) of subsection (e-5) of
Section 7 shall be remitted monthly, subject to appropriation,
as follows: 70% to the City of Rockford, 5% to the City of
Loves Park, 5% to the Village of Machesney, and 20% to
Winnebago County.
From the tax revenue from riverboat or casino gambling
deposited in the State Gaming Fund under this Section, an
amount equal to 5% of the adjusted gross receipts generated by
a riverboat designated in paragraph (5) of subsection (e-5) of
Section 7 shall be remitted monthly, subject to appropriation,
as follows: 2% to the unit of local government in which the
riverboat or casino is located, and 3% shall be distributed:
(A) in accordance with a regional capital development plan
entered into by the following communities: Village of Beecher,
City of Blue Island, Village of Burnham, City of Calumet City,
Village of Calumet Park, City of Chicago Heights, City of
Country Club Hills, Village of Crestwood, Village of Crete,
Village of Dixmoor, Village of Dolton, Village of East Hazel
Crest, Village of Flossmoor, Village of Ford Heights, Village
of Glenwood, City of Harvey, Village of Hazel Crest, Village of
Homewood, Village of Lansing, Village of Lynwood, City of
Markham, Village of Matteson, Village of Midlothian, Village of
Monee, City of Oak Forest, Village of Olympia Fields, Village

SB3642 - 1036 - LRB101 20589 WGH 70218 b
of Orland Hills, Village of Orland Park, City of Palos Heights,
Village of Park Forest, Village of Phoenix, Village of Posen,
Village of Richton Park, Village of Riverdale, Village of
Robbins, Village of Sauk Village, Village of South Chicago
Heights, Village of South Holland, Village of Steger, Village
of Thornton, Village of Tinley Park, Village of University Park
and Village of Worth; or (B) if no regional capital development
plan exists, equally among the communities listed in item (A)
to be used for capital expenditures or public pension payments,
or both.
Units of local government may refund any portion of the
payment that they receive pursuant to this subsection (b) to
the riverboat or casino.
(b-4) Beginning on the first day the licensee under
paragraph (5) of subsection (e-5) of Section 7 conducts
gambling operations, either in a temporary facility or a
permanent facility, and ending on July 31, 2042, from the tax
revenue deposited in the State Gaming Fund under this Section,
$5,000,000 shall be paid annually, subject to appropriation, to
the host municipality of that owners licensee of a license
issued or re-issued pursuant to Section 7.1 of this Act before
January 1, 2012. Payments received by the host municipality
pursuant to this subsection (b-4) may not be shared with any
other unit of local government.
(b-5) Beginning on June 28, 2019 (the effective date of
Public Act 101-31) this amendatory Act of the 101st General

SB3642 - 1037 - LRB101 20589 WGH 70218 b
Assembly, from the tax revenue deposited in the State Gaming
Fund under this Section, an amount equal to 3% of adjusted
gross receipts generated by each organization gaming facility
located outside Madison County shall be paid monthly, subject
to appropriation by the General Assembly, to a municipality
other than the Village of Stickney in which each organization
gaming facility is located or, if the organization gaming
facility is not located within a municipality, to the county in
which the organization gaming facility is located, except as
otherwise provided in this Section. From the tax revenue
deposited in the State Gaming Fund under this Section, an
amount equal to 3% of adjusted gross receipts generated by an
organization gaming facility located in the Village of Stickney
shall be paid monthly, subject to appropriation by the General
Assembly, as follows: 25% to the Village of Stickney, 5% to the
City of Berwyn, 50% to the Town of Cicero, and 20% to the
Stickney Public Health District.
From the tax revenue deposited in the State Gaming Fund
under this Section, an amount equal to 5% of adjusted gross
receipts generated by an organization gaming facility located
in the City of Collinsville shall be paid monthly, subject to
appropriation by the General Assembly, as follows: 30% to the
City of Alton, 30% to the City of East St. Louis, and 40% to the
City of Collinsville.
Municipalities and counties may refund any portion of the
payment that they receive pursuant to this subsection (b-5) to

SB3642 - 1038 - LRB101 20589 WGH 70218 b
the organization gaming facility.
(b-6) Beginning on June 28, 2019 (the effective date of
Public Act 101-31) this amendatory Act of the 101st General
Assembly, from the tax revenue deposited in the State Gaming
Fund under this Section, an amount equal to 2% of adjusted
gross receipts generated by an organization gaming facility
located outside Madison County shall be paid monthly, subject
to appropriation by the General Assembly, to the county in
which the organization gaming facility is located for the
purposes of its criminal justice system or health care system.
Counties may refund any portion of the payment that they
receive pursuant to this subsection (b-6) to the organization
gaming facility.
(b-7) From the tax revenue from the organization gaming
licensee located in one of the following townships of Cook
County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
Worth, an amount equal to 5% of the adjusted gross receipts
generated by that organization gaming licensee shall be
remitted monthly, subject to appropriation, as follows: 2% to
the unit of local government in which the organization gaming
licensee is located, and 3% shall be distributed: (A) in
accordance with a regional capital development plan entered
into by the following communities: Village of Beecher, City of
Blue Island, Village of Burnham, City of Calumet City, Village
of Calumet Park, City of Chicago Heights, City of Country Club
Hills, Village of Crestwood, Village of Crete, Village of

SB3642 - 1039 - LRB101 20589 WGH 70218 b
Dixmoor, Village of Dolton, Village of East Hazel Crest,
Village of Flossmoor, Village of Ford Heights, Village of
Glenwood, City of Harvey, Village of Hazel Crest, Village of
Homewood, Village of Lansing, Village of Lynwood, City of
Markham, Village of Matteson, Village of Midlothian, Village of
Monee, City of Oak Forest, Village of Olympia Fields, Village
of Orland Hills, Village of Orland Park, City of Palos Heights,
Village of Park Forest, Village of Phoenix, Village of Posen,
Village of Richton Park, Village of Riverdale, Village of
Robbins, Village of Sauk Village, Village of South Chicago
Heights, Village of South Holland, Village of Steger, Village
of Thornton, Village of Tinley Park, Village of University
Park, and Village of Worth; or (B) if no regional capital
development plan exists, equally among the communities listed
in item (A) to be used for capital expenditures or public
pension payments, or both.
(b-8) In lieu of the payments under subsection (b) of this
Section, the tax revenue from the privilege tax imposed by
subsection (a-5.5) shall be paid monthly, subject to
appropriation by the General Assembly, to the City of Chicago
and shall be expended or obligated by the City of Chicago for
pension payments in accordance with Public Act 99-506.
(c) Appropriations, as approved by the General Assembly,
may be made from the State Gaming Fund to the Board (i) for the
administration and enforcement of this Act and the Video Gaming
Act, (ii) for distribution to the Illinois Department of State

SB3642 - 1040 - LRB101 20589 WGH 70218 b
Police and to the Department of Revenue for the enforcement of
this Act, and the Video Gaming Act, and (iii) to the Department
of Human Services for the administration of programs to treat
problem gambling, including problem gambling from sports
wagering. The Board's annual appropriations request must
separately state its funding needs for the regulation of gaming
authorized under Section 7.7, riverboat gaming, casino gaming,
video gaming, and sports wagering.
(c-2) An amount equal to 2% of the adjusted gross receipts
generated by an organization gaming facility located within a
home rule county with a population of over 3,000,000
inhabitants shall be paid, subject to appropriation from the
General Assembly, from the State Gaming Fund to the home rule
county in which the organization gaming licensee is located for
the purpose of enhancing the county's criminal justice system.
(c-3) Appropriations, as approved by the General Assembly,
may be made from the tax revenue deposited into the State
Gaming Fund from organization gaming licensees pursuant to this
Section for the administration and enforcement of this Act.
(c-4) After payments required under subsections (b),
(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
the tax revenue from organization gaming licensees deposited
into the State Gaming Fund under this Section, all remaining
amounts from organization gaming licensees shall be
transferred into the Capital Projects Fund.
(c-5) (Blank).

SB3642 - 1041 - LRB101 20589 WGH 70218 b
(c-10) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance Fund
an amount equal to the amount paid into the Horse Racing Equity
Fund pursuant to subsection (c-5) in the prior calendar year.
(c-15) After the payments required under subsections (b),
(c), and (c-5) have been made, an amount equal to 2% of the
adjusted gross receipts of (1) an owners licensee that
relocates pursuant to Section 11.2, (2) an owners licensee
conducting riverboat gambling operations pursuant to an owners
license that is initially issued after June 25, 1999, or (3)
the first riverboat gambling operations conducted by a licensed
manager on behalf of the State under Section 7.3, whichever
comes first, shall be paid, subject to appropriation from the
General Assembly, from the State Gaming Fund to each home rule
county with a population of over 3,000,000 inhabitants for the
purpose of enhancing the county's criminal justice system.
(c-20) Each year the General Assembly shall appropriate
from the General Revenue Fund to the Education Assistance Fund
an amount equal to the amount paid to each home rule county
with a population of over 3,000,000 inhabitants pursuant to
subsection (c-15) in the prior calendar year.
(c-21) After the payments required under subsections (b),
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
been made, an amount equal to 2% of the adjusted gross receipts
generated by the owners licensee under paragraph (1) of
subsection (e-5) of Section 7 shall be paid, subject to

SB3642 - 1042 - LRB101 20589 WGH 70218 b
appropriation from the General Assembly, from the State Gaming
Fund to the home rule county in which the owners licensee is
located for the purpose of enhancing the county's criminal
justice system.
(c-22) After the payments required under subsections (b),
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
(c-21) have been made, an amount equal to 2% of the adjusted
gross receipts generated by the owners licensee under paragraph
(5) of subsection (e-5) of Section 7 shall be paid, subject to
appropriation from the General Assembly, from the State Gaming
Fund to the home rule county in which the owners licensee is
located for the purpose of enhancing the county's criminal
justice system.
(c-25) From July 1, 2013 and each July 1 thereafter through
July 1, 2019, $1,600,000 shall be transferred from the State
Gaming Fund to the Chicago State University Education
Improvement Fund.
On July 1, 2020 and each July 1 thereafter, $3,000,000
shall be transferred from the State Gaming Fund to the Chicago
State University Education Improvement Fund.
(c-30) On July 1, 2013 or as soon as possible thereafter,
$92,000,000 shall be transferred from the State Gaming Fund to
the School Infrastructure Fund and $23,000,000 shall be
transferred from the State Gaming Fund to the Horse Racing
Equity Fund.
(c-35) Beginning on July 1, 2013, in addition to any amount

SB3642 - 1043 - LRB101 20589 WGH 70218 b
transferred under subsection (c-30) of this Section,
$5,530,000 shall be transferred monthly from the State Gaming
Fund to the School Infrastructure Fund.
(d) From time to time, the Board shall transfer the
remainder of the funds generated by this Act into the Education
Assistance Fund, created by Public Act 86-0018, of the State of
Illinois.
(e) Nothing in this Act shall prohibit the unit of local
government designated as the home dock of the riverboat from
entering into agreements with other units of local government
in this State or in other states to share its portion of the
tax revenue.
(f) To the extent practicable, the Board shall administer
and collect the wagering taxes imposed by this Section in a
manner consistent with the provisions of Sections 4, 5, 5a, 5b,
5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of the
Retailers' Occupation Tax Act and Section 3-7 of the Uniform
Penalty and Interest Act.
(Source: P.A. 101-31, Article 25, Section 25-910, eff. 6-28-19;
101-31, Article 35, Section 35-55, eff. 6-28-19; revised
8-23-19.)
(230 ILCS 10/22) (from Ch. 120, par. 2422)
Sec. 22. Criminal history record information. Whenever the
Board is authorized or required by law to consider some aspect
of criminal history record information for the purpose of

SB3642 - 1044 - LRB101 20589 WGH 70218 b
carrying out its statutory powers and responsibilities, the
Board shall, in the form and manner required by the Illinois
Department of State Police and the Federal Bureau of
Investigation, cause to be conducted a criminal history record
investigation to obtain any information currently or
thereafter contained in the files of the Illinois Department of
State Police or the Federal Bureau of Investigation, including,
but not limited to, civil, criminal, and latent fingerprint
databases. Each applicant for occupational licensing under
Section 9 or key person as defined by the Board in
administrative rules shall submit his or her fingerprints to
the Illinois Department of State Police in the form and manner
prescribed by the Illinois Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois Department of State
Police and Federal Bureau of Investigation criminal history
records databases, including, but not limited to, civil,
criminal, and latent fingerprint databases. The Illinois
Department of State Police shall charge a fee for conducting
the criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois Department of State
Police shall provide, on the Board's request, information
concerning any criminal charges, and their disposition,
currently or thereafter filed against any applicant, key
person, or holder of any license or for determinations of

SB3642 - 1045 - LRB101 20589 WGH 70218 b
suitability. Information obtained as a result of an
investigation under this Section shall be used in determining
eligibility for any license. Upon request and payment of fees
in conformance with the requirements of Section 2605-400 of the
Illinois Department of State Police Law (20 ILCS
2605/2605-400), the Illinois Department of State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(Source: P.A. 101-597, eff. 12-6-19.)
Section 705. The Illinois Pull Tabs and Jar Games Act is
amended by changing Sections 2.1 and 5 as follows:
(230 ILCS 20/2.1)
Sec. 2.1. Ineligibility for a license. The following are
ineligible for any license under this Act:
(1) Any person convicted of any felony within the last
5 years where such conviction will impair the person's
ability to engage in the position for which a license is
sought.
(2) Any person convicted of a violation of Article 28
of the Criminal Code of 1961 or the Criminal Code of 2012
who has not been sufficiently rehabilitated following the
conviction.
(3) Any person who has had a bingo, pull tabs and jar

SB3642 - 1046 - LRB101 20589 WGH 70218 b
games, or charitable games license revoked by the
Department.
(4) Any person who is or has been a professional
gambler.
(5) Any person found gambling in a manner not
authorized by the Illinois Pull Tabs and Jar Games Act, the
Bingo License and Tax Act, or the Charitable Games Act,
participating in such gambling, or knowingly permitting
such gambling on premises where pull tabs and jar games are
authorized to be conducted.
(6) Any firm or corporation in which a person defined
in (1), (2), (3), (4), or (5) has any proprietary,
equitable, or credit interest or in which such person is
active or employed.
(7) Any organization in which a person defined in (1),
(2), (3), (4), or (5) is an officer, director, or employee,
whether compensated or not.
(8) Any organization in which a person defined in (1),
(2), (3), (4), or (5) is to participate in the management
or operation of pull tabs and jar games.
The Illinois Department of State Police shall provide the
criminal background of any supplier as requested by the
Department of Revenue.
(Source: P.A. 100-286, eff. 1-1-18.)
(230 ILCS 20/5) (from Ch. 120, par. 1055)

SB3642 - 1047 - LRB101 20589 WGH 70218 b
Sec. 5. Payments; returns. There shall be paid to the
Department of Revenue 5% of the gross proceeds of any pull tabs
and jar games conducted under this Act. Such payments shall be
made 4 times per year, between the first and the 20th day of
April, July, October and January. Accompanying each payment
shall be a return, on forms prescribed by the Department of
Revenue. Failure to submit either the payment or the return
within the specified time shall result in suspension or
revocation of the license. Tax returns filed pursuant to this
Act shall not be confidential and shall be available for public
inspection. All payments made to the Department of Revenue
under this Act shall be deposited as follows:
(a) 50% shall be deposited in the Common School Fund;
and
(b) 50% shall be deposited in the Illinois Gaming Law
Enforcement Fund. Of the monies deposited in the Illinois
Gaming Law Enforcement Fund under this Section, the General
Assembly shall appropriate two-thirds to the Department of
Revenue, Illinois Department of State Police and the Office
of the Attorney General for State law enforcement purposes,
and one-third shall be appropriated to the Department of
Revenue for the purpose of distribution in the form of
grants to counties or municipalities for law enforcement
purposes. The amounts of grants to counties or
municipalities shall bear the same ratio as the number of
licenses issued in counties or municipalities bears to the

SB3642 - 1048 - LRB101 20589 WGH 70218 b
total number of licenses issued in the State. In computing
the number of licenses issued in a county, licenses issued
for locations within a municipality's boundaries shall be
excluded.
The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
5g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the
Retailers' Occupation Tax Act, and Section 3-7 of the Uniform
Penalty and Interest Act, which are not inconsistent with this
Act shall apply, as far as practicable, to the subject matter
of this Act to the same extent as if such provisions were
included in this Act. For the purposes of this Act, references
in such incorporated Sections of the Retailers' Occupation Tax
Act to retailers, sellers or persons engaged in the business of
selling tangible personal property means persons engaged in
conducting pull tabs and jar games and references in such
incorporated Sections of the Retailers' Occupation Tax Act to
sales of tangible personal property mean the conducting of pull
tabs and jar games and the making of charges for participating
in such drawings.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, as shown on an original
return, the taxpayer may credit such excess payment against
liability subsequently to be remitted to the Department under
this Act, in accordance with reasonable rules adopted by the
Department.
(Source: P.A. 100-1171, eff. 1-4-19.)

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Section 710. The Bingo License and Tax Act is amended by
changing Section 1.2 as follows:
(230 ILCS 25/1.2)
Sec. 1.2. Ineligibility for licensure. The following are
ineligible for any license under this Act:
(1) Any person convicted of any felony within the last
5 years where such conviction will impair the person's
ability to engage in the position for which a license is
sought.
(2) Any person convicted of a violation of Article 28
of the Criminal Code of 1961 or the Criminal Code of 2012
who has not been sufficiently rehabilitated following the
conviction.
(3) Any person who has had a bingo, pull tabs and jar
games, or charitable games license revoked by the
Department.
(4) Any person who is or has been a professional
gambler.
(5) Any person found gambling in a manner not
authorized by the Illinois Pull Tabs and Jar Games Act,
Bingo License and Tax Act, or the Charitable Games Act,
participating in such gambling, or knowingly permitting
such gambling on premises where a bingo event is authorized
to be conducted or has been conducted.

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(6) Any organization in which a person defined in (1),
(2), (3), (4), or (5) has a proprietary, equitable, or
credit interest, or in which such person is active or
employed.
(7) Any organization in which a person defined in (1),
(2), (3), (4), or (5) is an officer, director, or employee,
whether compensated or not.
(8) Any organization in which a person defined in (1),
(2), (3), (4), or (5) is to participate in the management
or operation of a bingo game.
The Illinois Department of State Police shall provide the
criminal background of any person requested by the Department
of Revenue.
(Source: P.A. 100-286, eff. 1-1-18.)
Section 715. The Charitable Games Act is amended by
changing Sections 7 and 14 as follows:
(230 ILCS 30/7) (from Ch. 120, par. 1127)
Sec. 7. Ineligible persons. The following are ineligible
for any license under this Act:
(a) any person convicted of any felony within the last
5 years where such conviction will impair the person's
ability to engage in the position for which a license is
sought;
(b) any person convicted of a violation of Article 28

SB3642 - 1051 - LRB101 20589 WGH 70218 b
of the Criminal Code of 1961 or the Criminal Code of 2012
who has not been sufficiently rehabilitated following the
conviction;
(c) any person who has had a bingo, pull tabs and jar
games, or charitable games license revoked by the
Department;
(d) any person who is or has been a professional
gambler;
(d-1) any person found gambling in a manner not
authorized by this Act, the Illinois Pull Tabs and Jar
Games Act, or the Bingo License and Tax Act participating
in such gambling, or knowingly permitting such gambling on
premises where an authorized charitable games event is
authorized to be conducted or has been conducted;
(e) any organization in which a person defined in (a),
(b), (c), (d), or (d-1) has a proprietary, equitable, or
credit interest, or in which the person is active or
employed;
(f) any organization in which a person defined in (a),
(b), (c), (d), or (d-1) is an officer, director, or
employee, whether compensated or not;
(g) any organization in which a person defined in (a),
(b), (c), (d), or (d-1) is to participate in the management
or operation of charitable games.
The Illinois Department of State Police shall provide the
criminal background of any person requested by the Department

SB3642 - 1052 - LRB101 20589 WGH 70218 b
of Revenue.
(Source: P.A. 100-286, eff. 1-1-18.)
(230 ILCS 30/14) (from Ch. 120, par. 1134)
Sec. 14. (a) There is hereby created the Illinois Gaming
Law Enforcement Fund, a special fund in the State Treasury.
(b) The General Assembly shall appropriate two-thirds of
the monies in such fund to the Department of Revenue, Illinois
Department of State Police and the Office of the Attorney
General for State law enforcement purposes. The remaining
one-third of the monies in such fund shall be appropriated to
the Department of Revenue for the purpose of distribution in
the form of grants to counties or municipalities for law
enforcement purposes.
The amount of a grant to counties or municipalities shall
bear the same ratio to the total amount of grants made as the
number of licenses issued in counties or municipalities bears
to the total number of licenses issued in the State. In
computing the number of licenses issued in a county, licenses
issued for locations within a municipality's boundaries shall
be excluded.
(c) (Blank).
(Source: P.A. 90-372, eff. 7-1-98.)
Section 720. The Video Gaming Act is amended by changing
Section 45 as follows:

SB3642 - 1053 - LRB101 20589 WGH 70218 b
(230 ILCS 40/45)
Sec. 45. Issuance of license.
(a) The burden is upon each applicant to demonstrate his
suitability for licensure. Each video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal
establishment, and licensed veterans establishment shall be
licensed by the Board. The Board may issue or deny a license
under this Act to any person pursuant to the same criteria set
forth in Section 9 of the Illinois Gambling Act.
(a-5) The Board shall not grant a license to a person who
has facilitated, enabled, or participated in the use of
coin-operated devices for gambling purposes or who is under the
significant influence or control of such a person. For the
purposes of this Act, "facilitated, enabled, or participated in
the use of coin-operated amusement devices for gambling
purposes" means that the person has been convicted of any
violation of Article 28 of the Criminal Code of 1961 or the
Criminal Code of 2012. If there is pending legal action against
a person for any such violation, then the Board shall delay the
licensure of that person until the legal action is resolved.
(b) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop

SB3642 - 1054 - LRB101 20589 WGH 70218 b
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment shall submit to a background investigation
conducted by the Board with the assistance of the Illinois
State Police or other law enforcement. To the extent that the
corporate structure of the applicant allows, the background
investigation shall include any or all of the following as the
Board deems appropriate or as provided by rule for each
category of licensure: (i) each beneficiary of a trust, (ii)
each partner of a partnership, (iii) each member of a limited
liability company, (iv) each director and officer of a publicly
or non-publicly held corporation, (v) each stockholder of a
non-publicly held corporation, (vi) each stockholder of 5% or
more of a publicly held corporation, or (vii) each stockholder
of 5% or more in a parent or subsidiary corporation.
(c) Each person seeking and possessing a license as a video
gaming terminal manufacturer, distributor, supplier, operator,
handler, licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed veterans
establishment shall disclose the identity of every person,
association, trust, corporation, or limited liability company
having a greater than 1% direct or indirect pecuniary interest
in the video gaming terminal operation for which the license is
sought. If the disclosed entity is a trust, the application
shall disclose the names and addresses of the beneficiaries; if

SB3642 - 1055 - LRB101 20589 WGH 70218 b
a corporation, the names and addresses of all stockholders and
directors; if a limited liability company, the names and
addresses of all members; or if a partnership, the names and
addresses of all partners, both general and limited.
(d) No person may be licensed as a video gaming terminal
manufacturer, distributor, supplier, operator, handler,
licensed establishment, licensed truck stop establishment,
licensed large truck stop establishment, licensed fraternal
establishment, or licensed veterans establishment if that
person has been found by the Board to:
(1) have a background, including a criminal record,
reputation, habits, social or business associations, or
prior activities that pose a threat to the public interests
of the State or to the security and integrity of video
gaming;
(2) create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, and activities in
the conduct of video gaming; or
(3) present questionable business practices and
financial arrangements incidental to the conduct of video
gaming activities.
(e) Any applicant for any license under this Act has the
burden of proving his or her qualifications to the satisfaction
of the Board. The Board may adopt rules to establish additional
qualifications and requirements to preserve the integrity and
security of video gaming in this State.

SB3642 - 1056 - LRB101 20589 WGH 70218 b
(f) A non-refundable application fee shall be paid at the
time an application for a license is filed with the Board in
the following amounts:
(1) Manufacturer..........................$5,000
(2) Distributor...........................$5,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,500
(5) Technician..............................$100
(6) Terminal Handler........................$100
(7) Licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed
veterans establishment...............................$100
(g) The Board shall establish an annual fee for each
license not to exceed the following:
(1) Manufacturer.........................$10,000
(2) Distributor..........................$10,000
(3) Terminal operator.....................$5,000
(4) Supplier..............................$2,000
(5) Technician..............................$100
(6) Licensed establishment, licensed truck stop
establishment, licensed large truck stop establishment,
licensed fraternal establishment, or licensed
veterans establishment..........................$100
(7) Video gaming terminal...................$100
(8) Terminal Handler............................$100

SB3642 - 1057 - LRB101 20589 WGH 70218 b
(h) A terminal operator and a licensed establishment,
licensed truck stop establishment, licensed large truck stop
establishment, licensed fraternal establishment, or licensed
veterans establishment shall equally split the fees specified
in item (7) of subsection (g).
(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
Section 725. The Sports Wagering Act is amended by changing
Section 25-20 as follows:
(230 ILCS 45/25-20)
Sec. 25-20. Licenses required.
(a) No person may engage in any activity in connection with
sports wagering in this State unless all necessary licenses
have been obtained in accordance with this Act and the rules of
the Board and the Department. The following licenses shall be
issued under this Act:
(1) master sports wagering license;
(2) occupational license;
(3) supplier license;
(4) management services provider license;
(5) tier 2 official league data provider license; and
(6) central system provider license.
No person or entity may engage in a sports wagering
operation or activity without first obtaining the appropriate
license.

SB3642 - 1058 - LRB101 20589 WGH 70218 b
(b) An applicant for a license issued under this Act shall
submit an application to the Board in the form the Board
requires. The applicant shall submit fingerprints for a
national criminal records check by the Illinois Department of
State Police and the Federal Bureau of Investigation. The
fingerprints shall be furnished by the applicant's owners,
officers, and directors (if a corporation), managers and
members (if a limited liability company), and partners (if a
partnership). The fingerprints shall be accompanied by a signed
authorization for the release of information by the Federal
Bureau of Investigation. The Board may require additional
background checks on licensees when they apply for license
renewal, and an applicant convicted of a disqualifying offense
shall not be licensed.
(c) Each master sports wagering licensee shall display the
license conspicuously in the licensee's place of business or
have the license available for inspection by an agent of the
Board or a law enforcement agency.
(d) Each holder of an occupational license shall carry the
license and have some indicia of licensure prominently
displayed on his or her person when present in a gaming
facility licensed under this Act at all times, in accordance
with the rules of the Board.
(e) Each person licensed under this Act shall give the
Board written notice within 30 days after a material change to
information provided in the licensee's application for a

SB3642 - 1059 - LRB101 20589 WGH 70218 b
license or renewal.
(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
Section 730. The Liquor Control Act of 1934 is amended by
changing Sections 4-7 and 10-1 as follows:
(235 ILCS 5/4-7) (from Ch. 43, par. 114a)
Sec. 4-7. The local liquor control commissioner shall have
the right to require fingerprints of any applicant for a local
license or for a renewal thereof other than an applicant who is
an air carrier operating under a certificate or a foreign air
permit issued pursuant to the Federal Aviation Act of 1958.
Each applicant shall submit his or her fingerprints to the
Illinois Department of State Police in the form and manner
prescribed by the Illinois Department of State Police. These
fingerprints shall be checked against the fingerprint records
now and hereafter filed in the Illinois Department of State
Police and Federal Bureau of Investigation criminal history
records databases. The Illinois Department of State Police
shall charge a fee for conducting the criminal history records
check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Illinois Department of State Police shall furnish pursuant
to positive identification, records of conviction to the local
liquor control commissioner. For purposes of obtaining
fingerprints under this Section, the local liquor commissioner

SB3642 - 1060 - LRB101 20589 WGH 70218 b
shall collect a fee and forward the fee to the appropriate
policing body who shall submit the fingerprints and the fee to
the Illinois Department of State Police.
(Source: P.A. 93-418, eff. 1-1-04.)
(235 ILCS 5/10-1) (from Ch. 43, par. 183)
Sec. 10-1. Violations; penalties. Whereas a substantial
threat to the sound and careful control, regulation, and
taxation of the manufacture, sale, and distribution of
alcoholic liquors exists by virtue of individuals who
manufacture, import, distribute, or sell alcoholic liquors
within the State without having first obtained a valid license
to do so, and whereas such threat is especially serious along
the borders of this State, and whereas such threat requires
immediate correction by this Act, by active investigation and
prosecution by the State Commission, law enforcement
officials, and prosecutors, and by prompt and strict
enforcement through the courts of this State to punish
violators and to deter such conduct in the future:
(a) Any person who manufactures, imports for distribution
or use, transports from outside this State into this State, or
distributes or sells 108 liters (28.53 gallons) or more of
wine, 45 liters (11.88 gallons) or more of distilled spirits,
or 118 liters (31.17 gallons) or more of beer at any place
within the State without having first obtained a valid license
to do so under the provisions of this Act shall be guilty of a

SB3642 - 1061 - LRB101 20589 WGH 70218 b
Class 4 felony for each offense. However, any person who was
duly licensed under this Act and whose license expired within
30 days prior to a violation shall be guilty of a business
offense and fined not more than $1,000 for the first such
offense and shall be guilty of a Class 4 felony for each
subsequent offense.
Any person who manufactures, imports for distribution,
transports from outside this State into this State for sale or
resale in this State, or distributes or sells less than 108
liters (28.53 gallons) of wine, less than 45 liters (11.88
gallons) of distilled spirits, or less than 118 liters (31.17
gallons) of beer at any place within the State without having
first obtained a valid license to do so under the provisions of
this Act shall be guilty of a business offense and fined not
more than $1,000 for the first such offense and shall be guilty
of a Class 4 felony for each subsequent offense. This
subsection does not apply to a motor carrier or freight
forwarder, as defined in Section 13102 of Title 49 of the
United States Code, an air carrier, as defined in Section 40102
of Title 49 of the United States Code, or a rail carrier, as
defined in Section 10102 of Title 49 of the United States Code.
Any person who: (1) has been issued an initial cease and
desist notice from the State Commission; and (2) for
compensation, does any of the following: (i) ships alcoholic
liquor into this State without a license authorized by Section
5-1 issued by the State Commission or in violation of that

SB3642 - 1062 - LRB101 20589 WGH 70218 b
license; or (ii) manufactures, imports for distribution,
transports from outside this State into this State for sale or
resale in this State, or distributes or sells alcoholic liquors
at any place without having first obtained a valid license to
do so is guilty of a Class 4 felony for each offense.
(b) (1) Any retailer, caterer retailer, brew pub, special
event retailer, special use permit holder, homebrewer special
event permit holder, or craft distiller tasting permit holder
who knowingly causes alcoholic liquors to be imported directly
into the State of Illinois from outside of the State for the
purpose of furnishing, giving, or selling to another, except
when having received the product from a duly licensed
distributor or importing distributor, shall have his license
suspended for 30 days for the first offense and for the second
offense, shall have his license revoked by the Commission.
(2) In the event the State Commission receives a certified
copy of a final order from a foreign jurisdiction that an
Illinois retail licensee has been found to have violated that
foreign jurisdiction's laws, rules, or regulations concerning
the importation of alcoholic liquor into that foreign
jurisdiction, the violation may be grounds for the State
Commission to revoke, suspend, or refuse to issue or renew a
license, to impose a fine, or to take any additional action
provided by this Act with respect to the Illinois retail
license or licensee. Any such action on the part of the State
Commission shall be in accordance with this Act and

SB3642 - 1063 - LRB101 20589 WGH 70218 b
implementing rules.
For the purposes of paragraph (2): (i) "foreign
jurisdiction" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of
Puerto Rico, and (ii) "final order" means an order or judgment
of a court or administrative body that determines the rights of
the parties respecting the subject matter of the proceeding,
that remains in full force and effect, and from which no appeal
can be taken.
(c) Any person who shall make any false statement or
otherwise violates any of the provisions of this Act in
obtaining any license hereunder, or who having obtained a
license hereunder shall violate any of the provisions of this
Act with respect to the manufacture, possession, distribution
or sale of alcoholic liquor, or with respect to the maintenance
of the licensed premises, or shall violate any other provision
of this Act, shall for a first offense be guilty of a petty
offense and fined not more than $500, and for a second or
subsequent offense shall be guilty of a Class B misdemeanor.
(c-5) Any owner of an establishment that serves alcohol on
its premises, if more than 50% of the establishment's gross
receipts within the prior 3 months is from the sale of alcohol,
who knowingly fails to prohibit concealed firearms on its
premises or who knowingly makes a false statement or record to
avoid the prohibition of concealed firearms on its premises
under the Firearm Concealed Carry Act shall be guilty of a

SB3642 - 1064 - LRB101 20589 WGH 70218 b
business offense with a fine up to $5,000.
(d) Each day any person engages in business as a
manufacturer, foreign importer, importing distributor,
distributor or retailer in violation of the provisions of this
Act shall constitute a separate offense.
(e) Any person, under the age of 21 years who, for the
purpose of buying, accepting or receiving alcoholic liquor from
a licensee, represents that he is 21 years of age or over shall
be guilty of a Class A misdemeanor.
(f) In addition to the penalties herein provided, any
person licensed as a wine-maker in either class who
manufactures more wine than authorized by his license shall be
guilty of a business offense and shall be fined $1 for each
gallon so manufactured.
(g) A person shall be exempt from prosecution for a
violation of this Act if he is a peace officer in the
enforcement of the criminal laws and such activity is approved
in writing by one of the following:
(1) In all counties, the respective State's Attorney;
(2) The Director of the Illinois State Police under
Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,
2605-100, 2605-105, 2605-110, 2605-115, 2605-120,
2605-130, 2605-140, 2605-190, 2605-200, 2605-205,
2605-210, 2605-215, 2605-250, 2605-275, 2605-300,
2605-305, 2605-315, 2605-325, 2605-335, 2605-340,
2605-350, 2605-355, 2605-360, 2605-365, 2605-375,

SB3642 - 1065 - LRB101 20589 WGH 70218 b
2605-390, 2605-400, 2605-405, 2605-420, 2605-430,
2605-435, 2605-500, 2605-525, or 2605-550 of the Illinois
Department of State Police Law (20 ILCS 2605/2605-10,
2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
2605/2605-110, 2605/2605-115, 2605/2605-120,
2605/2605-130, 2605/2605-140, 2605/2605-190,
2605/2605-200, 2605/2605-205, 2605/2605-210,
2605/2605-215, 2605/2605-250, 2605/2605-275,
2605/2605-300, 2605/2605-305, 2605/2605-315,
2605/2605-325, 2605/2605-335, 2605/2605-340,
2605/2605-350, 2605/2605-355, 2605/2605-360,
2605/2605-365, 2605/2605-375, 2605/2605-390,
2605/2605-400, 2605/2605-405, 2605/2605-420,
2605/2605-430, 2605/2605-435, 2605/2605-500,
2605/2605-525, or 2605/2605-550); or
(3) In cities over 1,000,000, the Superintendent of
Police.
(Source: P.A. 101-37, eff. 7-3-19.)
Section 735. The Illinois Public Aid Code is amended by
changing Sections 8A-7, 9A-11.5, 10-3.4, and 12-4.25 as
follows:
(305 ILCS 5/8A-7) (from Ch. 23, par. 8A-7)
Sec. 8A-7. Civil Remedies. (a) A person who receives
financial aid by means of a false statement, willful

SB3642 - 1066 - LRB101 20589 WGH 70218 b
misrepresentation or by his failure to notify the county
department or local governmental unit, as the case may be, of a
change in his status as required by Sections 11-18 and 11-19,
for the purpose of preventing the denial, cancellation or
suspension of his grant, or a variation in the amount thereof,
or by other fraudulent device, or a person who knowingly aids
or abets any person in obtaining financial aid for which he is
not eligible, shall be answerable to the county department or
the local governmental unit, as the case may be, for refunding
the entire amount of aid received. If the refund is not made,
it shall be recoverable in a civil action from the person who
received the aid, or from anyone who willfully aided such
person to obtain the aid. If an act which would be unlawful
under Section 8A-2 is proven, the court may as a penalty assess
an additional sum of money, not to exceed the entire amount of
aid provided, against the recipient or against any person who
willfully aided the recipient. If assessed, the penalty shall
be included in any judgment entered for the aid received, and
paid to the county department or the local governmental unit,
as the case may be. Upon entry of the judgment a lien shall
attach to all property and assets of such person until the
judgment is satisfied.
(b) Any person, firm, corporation, association, agency,
institution or other legal entity, other than an individual
recipient, that willfully, by means of a false statement or
representation, or by concealment of any material fact or by

SB3642 - 1067 - LRB101 20589 WGH 70218 b
other fraudulent scheme or device on behalf of himself or
others, obtains or attempts to obtain benefits or payments
under this Code to which he or it is not entitled, or in a
greater amount than that to which he or it is entitled, shall
be liable for repayment of any excess benefits or payments
received and, in addition to any other penalties provided by
law, civil penalties consisting of (1) the interest on the
amount of excess benefits or payments at the maximum legal rate
in effect on the date the payment was made to such person,
firm, corporation, association, agency, institution or other
legal entity for the period from the date upon which payment
was made to the date upon which repayment is made to the State,
(2) an amount not to exceed 3 times the amount of such excess
benefits or payments, and (3) the sum of $2,000 for each
excessive claim for benefits or payments. Upon entry of a
judgment for repayment of any excess benefits or payments, or
for any civil penalties assessed by the court, a lien shall
attach to all property and assets of such person, firm,
corporation, association, agency, institution or other legal
entity until the judgment is satisfied.
(c) Civil recoveries provided for in this Section may be
recoverable in court proceedings initiated by the Attorney
General or, in actions involving a local governmental unit, by
the State's Attorney.
(d) Any person who commits the offense of vendor fraud or
recipient fraud as defined in Section 8A-2 and Section 8A-3 of

SB3642 - 1068 - LRB101 20589 WGH 70218 b
this Article shall forfeit, according to the provisions of this
subsection, any monies, profits or proceeds, and any interest
or property which the sentencing court determines he has
acquired or maintained, directly or indirectly, in whole or in
part as a result of such offense. Such person shall also
forfeit any interest in, securities of, claim against, or
contractual right of any kind which affords him a source of
influence over, any enterprise which he has established,
operated, controlled, conducted, or participated in
conducting, where his relationship to or connection with any
such thing or activity directly or indirectly, in whole or in
part, is traceable to any thing or benefit which he has
obtained or acquired through vendor fraud or recipient fraud.
Proceedings instituted pursuant to this subsection shall
be subject to and conducted in accordance with the following
procedures:
(1) The sentencing court shall, upon petition by the
Attorney General or State's Attorney at any time following
sentencing, conduct a hearing to determine whether any property
or property interest is subject to forfeiture under this
subsection. At the forfeiture hearing the People shall have the
burden of establishing, by a preponderance of the evidence,
that the property or property interests are subject to such
forfeiture.
(2) In any action brought by the People of the State of
Illinois under this Section, in which any restraining order,

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injunction or prohibition or any other action in connection
with any property or interest subject to forfeiture under this
subsection is sought, the circuit court presiding over the
trial of the person charged with recipient fraud or vendor
fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
first determine whether there is probable cause to believe that
the person so charged has committed the offense of recipient
fraud or vendor fraud and whether the property or interest is
subject to forfeiture under this subsection. To make such a
determination, prior to entering any such order, the court
shall conduct a hearing without a jury, at which the People
shall establish that there is (i) probable cause that the
person so charged has committed the offense of recipient fraud
or vendor fraud and (ii) probable cause that any property or
interest may be subject to forfeiture pursuant to this
subsection. Such hearing may be conducted simultaneously with a
preliminary hearing, if the prosecution is commenced by
information or complaint, or by motion of the People at any
stage in the proceedings. The court may accept a finding of
probable cause at a preliminary hearing following the filing of
an information charging the offense of recipient fraud or
vendor fraud as defined in Sections 8A-2 or 8A-3 or the return
of an indictment by a grand jury charging the offense of
recipient fraud or vendor fraud as defined in Sections 8A-2 or
8A-3 of this Article as sufficient evidence of probable cause
as provided in item (i) above. Upon such a finding, the circuit

SB3642 - 1070 - LRB101 20589 WGH 70218 b
court shall enter such restraining order, injunction or
prohibition, or shall take such other action in connection with
any such property or other interest subject to forfeiture under
this Act as is necessary to insure that such property is not
removed from the jurisdiction of the court, concealed,
destroyed or otherwise disposed of by the owner of that
property or interest prior to a forfeiture hearing under this
subsection. The Attorney General or State's Attorney shall file
a certified copy of such restraining order, injunction or other
prohibition with the recorder of deeds or registrar of titles
of each county where any such property of the defendant may be
located. No such injunction, restraining order or other
prohibition shall affect the rights of any bonafide purchaser,
mortgagee, judgement creditor or other lien holder arising
prior to the date of such filing. The court may, at any time,
upon verified petition by the defendant, conduct a hearing to
determine whether all or portions of any such property or
interest which the court previously determined to be subject to
forfeiture or subject to any restraining order, injunction, or
prohibition or other action, should be released. The court may
in its discretion release such property to the defendant for
good cause shown.
(3) Upon conviction of a person under this Article, the
court shall authorize the Director of the Illinois Department
of State Police to seize all property or other interest
declared forfeited under this subsection upon such terms and

SB3642 - 1071 - LRB101 20589 WGH 70218 b
conditions as the court shall deem proper.
(4) The Director of the Illinois Department of State Police
is authorized to sell all property forfeited and seized
pursuant to this subsection, unless such property is required
by law to be destroyed or is harmful to the public. After the
deduction of all requisite expenses of administration and sale,
the court shall order the Director to distribute to the
Illinois Department an amount from the proceeds of the
forfeited property, or monies forfeited or seized, which will
satisfy any unsatisfied court order of restitution entered
pursuant to a conviction under this Article. If the proceeds
are less than the amount necessary to satisfy the order of
restitution, the Director shall distribute to the Illinois
Department the entire amount of the remaining proceeds. The
Director shall distribute any remaining proceeds of such sale,
along with any monies forfeited or seized, in accordance with
the following schedules:
(a) 25% shall be distributed to the unit of local
government whose officers or employees conducted the
investigation into recipient fraud or vendor fraud and caused
the arrest or arrests and prosecution leading to the
forfeiture. Amounts distributed to units of local government
shall be used solely for enforcement matters relating to
detection, investigation or prosecution of recipient fraud or
vendor fraud as defined in Section 8A-2 or 8A-3 of this
Article. Where the investigation, arrest or arrests leading to

SB3642 - 1072 - LRB101 20589 WGH 70218 b
the prosecution and forfeiture is undertaken solely by the
Illinois Department of State Police, the portion provided
hereunder shall be paid into the Medicaid Fraud and Abuse
Prevention Fund, which is hereby created in the State treasury.
Monies from this fund shall be used by the Illinois Department
of State Police for the furtherance of enforcement matters
relating to detection, investigation or prosecution of
recipient fraud or vendor fraud. Monies directed to this fund
shall be used in addition to, and not as a substitute for,
funds annually appropriated to the Illinois Department of State
Police for medicaid fraud enforcement.
(b) 25% shall be distributed to the county in which the
prosecution and petition for forfeiture resulting in the
forfeiture was instituted, and deposited in a special fund in
the county treasury and appropriated to the State's Attorney
for use solely in enforcement matters relating to detection,
investigation or prosecution of recipient fraud or vendor
fraud; however, if the Attorney General brought the prosecution
resulting in the forfeiture, the portion provided hereunder
shall be paid into the Medicaid Fraud and Abuse Prevention
Fund, to be used by the Medicaid Fraud Control Unit of the
Illinois Department of State Police for enforcement matters
relating to detection, investigation or prosecution of
recipient fraud or vendor fraud. Where the Attorney General and
a State's Attorney have jointly participated in any portion of
the proceedings, 12.5% shall be distributed to the county in

SB3642 - 1073 - LRB101 20589 WGH 70218 b
which the prosecution resulting in the forfeiture was
instituted, and used as specified herein, and 12.5% shall be
paid into the Medicaid Fraud and Abuse Prevention Fund, and
used as specified herein.
(c) 50% shall be transmitted to the State Treasurer for
deposit in the General Revenue Fund.
(Source: P.A. 85-707.)
(305 ILCS 5/9A-11.5)
Sec. 9A-11.5. Investigate child care providers.
(a) Any child care provider receiving funds from the child
care assistance program under this Code who is not required to
be licensed under the Child Care Act of 1969 shall, as a
condition of eligibility to participate in the child care
assistance program under this Code, authorize in writing on a
form prescribed by the Department of Children and Family
Services, periodic investigations of the Central Register, as
defined in the Abused and Neglected Child Reporting Act, to
ascertain if the child care provider has been determined to be
a perpetrator in an indicated report of child abuse or neglect.
The Department of Children and Family Services shall conduct an
investigation of the Central Register at the request of the
Department.
(b) Any child care provider, other than a relative of the
child, receiving funds from the child care assistance program
under this Code who is not required to be licensed under the

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Child Care Act of 1969 shall, as a condition of eligibility to
participate in the child care assistance program under this
Code, authorize in writing a State and Federal Bureau of
Investigation fingerprint-based criminal history record check
to determine if the child care provider has ever been convicted
of a crime with respect to which the conviction has not been
overturned and the criminal records have not been sealed or
expunged. Upon this authorization, the Department shall
request and receive information and assistance from any federal
or State governmental agency as part of the authorized criminal
history record check. The Illinois Department of State Police
shall provide information concerning any conviction that has
not been overturned and with respect to which the criminal
records have not been sealed or expunged, whether the
conviction occurred before or on or after the effective date of
this amendatory Act of the 96th General Assembly, of a child
care provider upon the request of the Department when the
request is made in the form and manner required by the Illinois
Department of State Police. The Illinois Department of State
Police shall charge a fee not to exceed the cost of processing
the criminal history record check. The fee is to be deposited
into the State Police Services Fund. Any information concerning
convictions that have not been overturned and with respect to
which the criminal records have not been sealed or expunged
obtained by the Department is confidential and may not be
transmitted (i) outside the Department except as required in

SB3642 - 1075 - LRB101 20589 WGH 70218 b
this Section or (ii) to anyone within the Department except as
needed for the purposes of determining participation in the
child care assistance program. A copy of the criminal history
record check obtained from the Illinois Department of State
Police shall be provided to the unlicensed child care provider.
(c) The Department shall by rule set standards for
determining when to disqualify an unlicensed child care
provider for payment because (i) there is an indicated finding
against the provider based on the results of the Central
Register search or (ii) there is a disqualifying criminal
charge pending against the provider or the provider has a
disqualifying criminal conviction that has not been overturned
and with respect to which the criminal records have not been
expunged or sealed based on the results of the
fingerprint-based Illinois Department of State Police and
Federal Bureau of Investigation criminal history record check.
In determining whether to disqualify an unlicensed child care
provider for payment under this subsection, the Department
shall consider the nature and gravity of any offense or
offenses; the time that has passed since the offense or
offenses or the completion of the criminal sentence or both;
and the relationship of the offense or offenses to the
responsibilities of the child care provider.
(Source: P.A. 96-632, eff. 8-24-09.)
(305 ILCS 5/10-3.4)

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Sec. 10-3.4. Obtaining location information.
(a) The Illinois Department shall enter into agreements
with the Illinois Department of State Police and the Secretary
of State to obtain location information on persons for the
purpose of establishing paternity, and establishing,
modifying, and enforcing child support obligations.
(b) Upon request, the Illinois Department shall provide
information obtained pursuant to this Section to federal
agencies and other states' agencies conducting child support
enforcement activities under Title IV, Part D of the Social
Security Act.
(Source: P.A. 90-18, eff. 7-1-97.)
(305 ILCS 5/12-4.25) (from Ch. 23, par. 12-4.25)
Sec. 12-4.25. Medical assistance program; vendor
participation.
(A) The Illinois Department may deny, suspend, or terminate
the eligibility of any person, firm, corporation, association,
agency, institution or other legal entity to participate as a
vendor of goods or services to recipients under the medical
assistance program under Article V, or may exclude any such
person or entity from participation as such a vendor, and may
deny, suspend, or recover payments, if after reasonable notice
and opportunity for a hearing the Illinois Department finds:
(a) Such vendor is not complying with the Department's
policy or rules and regulations, or with the terms and

SB3642 - 1077 - LRB101 20589 WGH 70218 b
conditions prescribed by the Illinois Department in its
vendor agreement, which document shall be developed by the
Department as a result of negotiations with each vendor
category, including physicians, hospitals, long term care
facilities, pharmacists, optometrists, podiatric
physicians, and dentists setting forth the terms and
conditions applicable to the participation of each vendor
group in the program; or
(b) Such vendor has failed to keep or make available
for inspection, audit or copying, after receiving a written
request from the Illinois Department, such records
regarding payments claimed for providing services. This
section does not require vendors to make available patient
records of patients for whom services are not reimbursed
under this Code; or
(c) Such vendor has failed to furnish any information
requested by the Department regarding payments for
providing goods or services; or
(d) Such vendor has knowingly made, or caused to be
made, any false statement or representation of a material
fact in connection with the administration of the medical
assistance program; or
(e) Such vendor has furnished goods or services to a
recipient which are (1) in excess of need, (2) harmful, or
(3) of grossly inferior quality, all of such determinations
to be based upon competent medical judgment and

SB3642 - 1078 - LRB101 20589 WGH 70218 b
evaluations; or
(f) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor; an owner of a sole proprietorship which is a
vendor; or a partner in a partnership which is a vendor,
either:
(1) was previously terminated, suspended, or
excluded from participation in the Illinois medical
assistance program, or was terminated, suspended, or
excluded from participation in another state or
federal medical assistance or health care program; or
(2) was a person with management responsibility
for a vendor previously terminated, suspended, or
excluded from participation in the Illinois medical
assistance program, or terminated, suspended, or
excluded from participation in another state or
federal medical assistance or health care program
during the time of conduct which was the basis for that
vendor's termination, suspension, or exclusion; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate or
limited liability company vendor previously
terminated, suspended, or excluded from participation

SB3642 - 1079 - LRB101 20589 WGH 70218 b
in the Illinois medical assistance program, or
terminated, suspended, or excluded from participation
in a state or federal medical assistance or health care
program during the time of conduct which was the basis
for that vendor's termination, suspension, or
exclusion; or
(4) was an owner of a sole proprietorship or
partner of a partnership previously terminated,
suspended, or excluded from participation in the
Illinois medical assistance program, or terminated,
suspended, or excluded from participation in a state or
federal medical assistance or health care program
during the time of conduct which was the basis for that
vendor's termination, suspension, or exclusion; or
(f-1) Such vendor has a delinquent debt owed to the
Illinois Department; or
(g) The vendor; a person with management
responsibility for a vendor; an officer or person owning,
either directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a corporate or
limited liability company vendor; an owner of a sole
proprietorship which is a vendor; or a partner in a
partnership which is a vendor, either:
(1) has engaged in practices prohibited by
applicable federal or State law or regulation; or
(2) was a person with management responsibility

SB3642 - 1080 - LRB101 20589 WGH 70218 b
for a vendor at the time that such vendor engaged in
practices prohibited by applicable federal or State
law or regulation; or
(3) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor at
the time such vendor engaged in practices prohibited by
applicable federal or State law or regulation; or
(4) was an owner of a sole proprietorship or
partner of a partnership which was a vendor at the time
such vendor engaged in practices prohibited by
applicable federal or State law or regulation; or
(h) The direct or indirect ownership of the vendor
(including the ownership of a vendor that is a sole
proprietorship, a partner's interest in a vendor that is a
partnership, or ownership of 5% or more of the shares of
stock or other evidences of ownership in a corporate
vendor) has been transferred by an individual who is
terminated, suspended, or excluded or barred from
participating as a vendor to the individual's spouse,
child, brother, sister, parent, grandparent, grandchild,
uncle, aunt, niece, nephew, cousin, or relative by
marriage.
(A-5) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to

SB3642 - 1081 - LRB101 20589 WGH 70218 b
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor, if, after reasonable notice and opportunity for a
hearing, the Illinois Department finds that the vendor; a
person with management responsibility for a vendor; an officer
or person owning, either directly or indirectly, 5% or more of
the shares of stock or other evidences of ownership in a
corporate vendor; an owner of a sole proprietorship that is a
vendor; or a partner in a partnership that is a vendor has been
convicted of an offense based on fraud or willful
misrepresentation related to any of the following:
(1) The medical assistance program under Article V of
this Code.
(2) A medical assistance or health care program in
another state.
(3) The Medicare program under Title XVIII of the
Social Security Act.
(4) The provision of health care services.
(5) A violation of this Code, as provided in Article
VIIIA, or another state or federal medical assistance
program or health care program.
(A-10) The Illinois Department may deny, suspend, or
terminate the eligibility of any person, firm, corporation,
association, agency, institution, or other legal entity to
participate as a vendor of goods or services to recipients

SB3642 - 1082 - LRB101 20589 WGH 70218 b
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor, if, after reasonable notice and opportunity for a
hearing, the Illinois Department finds that (i) the vendor,
(ii) a person with management responsibility for a vendor,
(iii) an officer or person owning, either directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in a corporate vendor, (iv) an owner of
a sole proprietorship that is a vendor, or (v) a partner in a
partnership that is a vendor has been convicted of an offense
related to any of the following:
(1) Murder.
(2) A Class X felony under the Criminal Code of 1961 or
the Criminal Code of 2012.
(3) Sexual misconduct that may subject recipients to an
undue risk of harm.
(4) A criminal offense that may subject recipients to
an undue risk of harm.
(5) A crime of fraud or dishonesty.
(6) A crime involving a controlled substance.
(7) A misdemeanor relating to fraud, theft,
embezzlement, breach of fiduciary responsibility, or other
financial misconduct related to a health care program.
(A-15) The Illinois Department may deny the eligibility of
any person, firm, corporation, association, agency,
institution, or other legal entity to participate as a vendor

SB3642 - 1083 - LRB101 20589 WGH 70218 b
of goods or services to recipients under the medical assistance
program under Article V if, after reasonable notice and
opportunity for a hearing, the Illinois Department finds:
(1) The applicant or any person with management
responsibility for the applicant; an officer or member of
the board of directors of an applicant; an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor
applicant; an owner of a sole proprietorship applicant; a
partner in a partnership applicant; or a technical or other
advisor to an applicant has a debt owed to the Illinois
Department, and no payment arrangements acceptable to the
Illinois Department have been made by the applicant.
(2) The applicant or any person with management
responsibility for the applicant; an officer or member of
the board of directors of an applicant; an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor
applicant; an owner of a sole proprietorship applicant; a
partner in a partnership vendor applicant; or a technical
or other advisor to an applicant was (i) a person with
management responsibility, (ii) an officer or member of the
board of directors of an applicant, (iii) an entity owning
(directly or indirectly) 5% or more of the shares of stock
or other evidences of ownership in a corporate vendor, (iv)
an owner of a sole proprietorship, (v) a partner in a

SB3642 - 1084 - LRB101 20589 WGH 70218 b
partnership vendor, (vi) a technical or other advisor to a
vendor, during a period of time where the conduct of that
vendor resulted in a debt owed to the Illinois Department,
and no payment arrangements acceptable to the Illinois
Department have been made by that vendor.
(3) There is a credible allegation of the use,
transfer, or lease of assets of any kind to an applicant
from a current or prior vendor who has a debt owed to the
Illinois Department, no payment arrangements acceptable to
the Illinois Department have been made by that vendor or
the vendor's alternate payee, and the applicant knows or
should have known of such debt.
(4) There is a credible allegation of a transfer of
management responsibilities, or direct or indirect
ownership, to an applicant from a current or prior vendor
who has a debt owed to the Illinois Department, and no
payment arrangements acceptable to the Illinois Department
have been made by that vendor or the vendor's alternate
payee, and the applicant knows or should have known of such
debt.
(5) There is a credible allegation of the use,
transfer, or lease of assets of any kind to an applicant
who is a spouse, child, brother, sister, parent,
grandparent, grandchild, uncle, aunt, niece, relative by
marriage, nephew, cousin, or relative of a current or prior
vendor who has a debt owed to the Illinois Department and

SB3642 - 1085 - LRB101 20589 WGH 70218 b
no payment arrangements acceptable to the Illinois
Department have been made.
(6) There is a credible allegation that the applicant's
previous affiliations with a provider of medical services
that has an uncollected debt, a provider that has been or
is subject to a payment suspension under a federal health
care program, or a provider that has been previously
excluded from participation in the medical assistance
program, poses a risk of fraud, waste, or abuse to the
Illinois Department.
As used in this subsection, "credible allegation" is
defined to include an allegation from any source, including,
but not limited to, fraud hotline complaints, claims data
mining, patterns identified through provider audits, civil
actions filed under the Illinois False Claims Act, and law
enforcement investigations. An allegation is considered to be
credible when it has indicia of reliability.
(B) The Illinois Department shall deny, suspend or
terminate the eligibility of any person, firm, corporation,
association, agency, institution or other legal entity to
participate as a vendor of goods or services to recipients
under the medical assistance program under Article V, or may
exclude any such person or entity from participation as such a
vendor:
(1) immediately, if such vendor is not properly
licensed, certified, or authorized;

SB3642 - 1086 - LRB101 20589 WGH 70218 b
(2) within 30 days of the date when such vendor's
professional license, certification or other authorization
has been refused renewal, restricted, revoked, suspended,
or otherwise terminated; or
(3) if such vendor has been convicted of a violation of
this Code, as provided in Article VIIIA.
(C) Upon termination, suspension, or exclusion of a vendor
of goods or services from participation in the medical
assistance program authorized by this Article, a person with
management responsibility for such vendor during the time of
any conduct which served as the basis for that vendor's
termination, suspension, or exclusion is barred from
participation in the medical assistance program.
Upon termination, suspension, or exclusion of a corporate
vendor, the officers and persons owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in the vendor during the time of any
conduct which served as the basis for that vendor's
termination, suspension, or exclusion are barred from
participation in the medical assistance program. A person who
owns, directly or indirectly, 5% or more of the shares of stock
or other evidences of ownership in a terminated, suspended, or
excluded vendor may not transfer his or her ownership interest
in that vendor to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.

SB3642 - 1087 - LRB101 20589 WGH 70218 b
Upon termination, suspension, or exclusion of a sole
proprietorship or partnership, the owner or partners during the
time of any conduct which served as the basis for that vendor's
termination, suspension, or exclusion are barred from
participation in the medical assistance program. The owner of a
terminated, suspended, or excluded vendor that is a sole
proprietorship, and a partner in a terminated, suspended, or
excluded vendor that is a partnership, may not transfer his or
her ownership or partnership interest in that vendor to his or
her spouse, child, brother, sister, parent, grandparent,
grandchild, uncle, aunt, niece, nephew, cousin, or relative by
marriage.
A person who owns, directly or indirectly, 5% or more of
the shares of stock or other evidences of ownership in a
corporate or limited liability company vendor who owes a debt
to the Department, if that vendor has not made payment
arrangements acceptable to the Department, shall not transfer
his or her ownership interest in that vendor, or vendor assets
of any kind, to his or her spouse, child, brother, sister,
parent, grandparent, grandchild, uncle, aunt, niece, nephew,
cousin, or relative by marriage.
Rules adopted by the Illinois Department to implement these
provisions shall specifically include a definition of the term
"management responsibility" as used in this Section. Such
definition shall include, but not be limited to, typical job
titles, and duties and descriptions which will be considered as

SB3642 - 1088 - LRB101 20589 WGH 70218 b
within the definition of individuals with management
responsibility for a provider.
A vendor or a prior vendor who has been terminated,
excluded, or suspended from the medical assistance program, or
from another state or federal medical assistance or health care
program, and any individual currently or previously barred from
the medical assistance program, or from another state or
federal medical assistance or health care program, as a result
of being an officer or a person owning, directly or indirectly,
5% or more of the shares of stock or other evidences of
ownership in a corporate or limited liability company vendor
during the time of any conduct which served as the basis for
that vendor's termination, suspension, or exclusion, may be
required to post a surety bond as part of a condition of
enrollment or participation in the medical assistance program.
The Illinois Department shall establish, by rule, the criteria
and requirements for determining when a surety bond must be
posted and the value of the bond.
A vendor or a prior vendor who has a debt owed to the
Illinois Department and any individual currently or previously
barred from the medical assistance program, or from another
state or federal medical assistance or health care program, as
a result of being an officer or a person owning, directly or
indirectly, 5% or more of the shares of stock or other
evidences of ownership in that corporate or limited liability
company vendor during the time of any conduct which served as

SB3642 - 1089 - LRB101 20589 WGH 70218 b
the basis for the debt, may be required to post a surety bond
as part of a condition of enrollment or participation in the
medical assistance program. The Illinois Department shall
establish, by rule, the criteria and requirements for
determining when a surety bond must be posted and the value of
the bond.
(D) If a vendor has been suspended from the medical
assistance program under Article V of the Code, the Director
may require that such vendor correct any deficiencies which
served as the basis for the suspension. The Director shall
specify in the suspension order a specific period of time,
which shall not exceed one year from the date of the order,
during which a suspended vendor shall not be eligible to
participate. At the conclusion of the period of suspension the
Director shall reinstate such vendor, unless he finds that such
vendor has not corrected deficiencies upon which the suspension
was based.
If a vendor has been terminated, suspended, or excluded
from the medical assistance program under Article V, such
vendor shall be barred from participation for at least one
year, except that if a vendor has been terminated, suspended,
or excluded based on a conviction of a violation of Article
VIIIA or a conviction of a felony based on fraud or a willful
misrepresentation related to (i) the medical assistance
program under Article V, (ii) a federal or another state's
medical assistance or health care program, or (iii) the

SB3642 - 1090 - LRB101 20589 WGH 70218 b
provision of health care services, then the vendor shall be
barred from participation for 5 years or for the length of the
vendor's sentence for that conviction, whichever is longer. At
the end of one year a vendor who has been terminated,
suspended, or excluded may apply for reinstatement to the
program. Upon proper application to be reinstated such vendor
may be deemed eligible by the Director providing that such
vendor meets the requirements for eligibility under this Code.
If such vendor is deemed not eligible for reinstatement, he
shall be barred from again applying for reinstatement for one
year from the date his application for reinstatement is denied.
A vendor whose termination, suspension, or exclusion from
participation in the Illinois medical assistance program under
Article V was based solely on an action by a governmental
entity other than the Illinois Department may, upon
reinstatement by that governmental entity or upon reversal of
the termination, suspension, or exclusion, apply for
rescission of the termination, suspension, or exclusion from
participation in the Illinois medical assistance program. Upon
proper application for rescission, the vendor may be deemed
eligible by the Director if the vendor meets the requirements
for eligibility under this Code.
If a vendor has been terminated, suspended, or excluded and
reinstated to the medical assistance program under Article V
and the vendor is terminated, suspended, or excluded a second
or subsequent time from the medical assistance program, the

SB3642 - 1091 - LRB101 20589 WGH 70218 b
vendor shall be barred from participation for at least 2 years,
except that if a vendor has been terminated, suspended, or
excluded a second time based on a conviction of a violation of
Article VIIIA or a conviction of a felony based on fraud or a
willful misrepresentation related to (i) the medical
assistance program under Article V, (ii) a federal or another
state's medical assistance or health care program, or (iii) the
provision of health care services, then the vendor shall be
barred from participation for life. At the end of 2 years, a
vendor who has been terminated, suspended, or excluded may
apply for reinstatement to the program. Upon application to be
reinstated, the vendor may be deemed eligible if the vendor
meets the requirements for eligibility under this Code. If the
vendor is deemed not eligible for reinstatement, the vendor
shall be barred from again applying for reinstatement for 2
years from the date the vendor's application for reinstatement
is denied.
(E) The Illinois Department may recover money improperly or
erroneously paid, or overpayments, either by setoff, crediting
against future billings or by requiring direct repayment to the
Illinois Department. The Illinois Department may suspend or
deny payment, in whole or in part, if such payment would be
improper or erroneous or would otherwise result in overpayment.
(1) Payments may be suspended, denied, or recovered
from a vendor or alternate payee: (i) for services rendered
in violation of the Illinois Department's provider

SB3642 - 1092 - LRB101 20589 WGH 70218 b
notices, statutes, rules, and regulations; (ii) for
services rendered in violation of the terms and conditions
prescribed by the Illinois Department in its vendor
agreement; (iii) for any vendor who fails to grant the
Office of Inspector General timely access to full and
complete records, including, but not limited to, records
relating to recipients under the medical assistance
program for the most recent 6 years, in accordance with
Section 140.28 of Title 89 of the Illinois Administrative
Code, and other information for the purpose of audits,
investigations, or other program integrity functions,
after reasonable written request by the Inspector General;
this subsection (E) does not require vendors to make
available the medical records of patients for whom services
are not reimbursed under this Code or to provide access to
medical records more than 6 years old; (iv) when the vendor
has knowingly made, or caused to be made, any false
statement or representation of a material fact in
connection with the administration of the medical
assistance program; or (v) when the vendor previously
rendered services while terminated, suspended, or excluded
from participation in the medical assistance program or
while terminated or excluded from participation in another
state or federal medical assistance or health care program.
(2) Notwithstanding any other provision of law, if a
vendor has the same taxpayer identification number

SB3642 - 1093 - LRB101 20589 WGH 70218 b
(assigned under Section 6109 of the Internal Revenue Code
of 1986) as is assigned to a vendor with past-due financial
obligations to the Illinois Department, the Illinois
Department may make any necessary adjustments to payments
to that vendor in order to satisfy any past-due
obligations, regardless of whether the vendor is assigned a
different billing number under the medical assistance
program.
(E-5) Civil monetary penalties.
(1) As used in this subsection (E-5):
(a) "Knowingly" means that a person, with respect
to information: (i) has actual knowledge of the
information; (ii) acts in deliberate ignorance of the
truth or falsity of the information; or (iii) acts in
reckless disregard of the truth or falsity of the
information. No proof of specific intent to defraud is
required.
(b) "Overpayment" means any funds that a person
receives or retains from the medical assistance
program to which the person, after applicable
reconciliation, is not entitled under this Code.
(c) "Remuneration" means the offer or transfer of
items or services for free or for other than fair
market value by a person; however, remuneration does
not include items or services of a nominal value of no
more than $10 per item or service, or $50 in the

SB3642 - 1094 - LRB101 20589 WGH 70218 b
aggregate on an annual basis, or any other offer or
transfer of items or services as determined by the
Department.
(d) "Should know" means that a person, with respect
to information: (i) acts in deliberate ignorance of the
truth or falsity of the information; or (ii) acts in
reckless disregard of the truth or falsity of the
information. No proof of specific intent to defraud is
required.
(2) Any person (including a vendor, provider,
organization, agency, or other entity, or an alternate
payee thereof, but excluding a recipient) who:
(a) knowingly presents or causes to be presented to
an officer, employee, or agent of the State, a claim
that the Department determines:
(i) is for a medical or other item or service
that the person knows or should know was not
provided as claimed, including any person who
engages in a pattern or practice of presenting or
causing to be presented a claim for an item or
service that is based on a code that the person
knows or should know will result in a greater
payment to the person than the code the person
knows or should know is applicable to the item or
service actually provided;
(ii) is for a medical or other item or service

SB3642 - 1095 - LRB101 20589 WGH 70218 b
and the person knows or should know that the claim
is false or fraudulent;
(iii) is presented for a vendor physician's
service, or an item or service incident to a vendor
physician's service, by a person who knows or
should know that the individual who furnished, or
supervised the furnishing of, the service:
(AA) was not licensed as a physician;
(BB) was licensed as a physician but such
license had been obtained through a
misrepresentation of material fact (including
cheating on an examination required for
licensing); or
(CC) represented to the patient at the
time the service was furnished that the
physician was certified in a medical specialty
by a medical specialty board, when the
individual was not so certified;
(iv) is for a medical or other item or service
furnished during a period in which the person was
excluded from the medical assistance program or a
federal or state health care program under which
the claim was made pursuant to applicable law; or
(v) is for a pattern of medical or other items
or services that a person knows or should know are
not medically necessary;

SB3642 - 1096 - LRB101 20589 WGH 70218 b
(b) knowingly presents or causes to be presented to
any person a request for payment which is in violation
of the conditions for receipt of vendor payments under
the medical assistance program under Section 11-13 of
this Code;
(c) knowingly gives or causes to be given to any
person, with respect to medical assistance program
coverage of inpatient hospital services, information
that he or she knows or should know is false or
misleading, and that could reasonably be expected to
influence the decision when to discharge such person or
other individual from the hospital;
(d) in the case of a person who is not an
organization, agency, or other entity, is excluded
from participating in the medical assistance program
or a federal or state health care program and who, at
the time of a violation of this subsection (E-5):
(i) retains a direct or indirect ownership or
control interest in an entity that is
participating in the medical assistance program or
a federal or state health care program, and who
knows or should know of the action constituting the
basis for the exclusion; or
(ii) is an officer or managing employee of such
an entity;
(e) offers or transfers remuneration to any

SB3642 - 1097 - LRB101 20589 WGH 70218 b
individual eligible for benefits under the medical
assistance program that such person knows or should
know is likely to influence such individual to order or
receive from a particular vendor, provider,
practitioner, or supplier any item or service for which
payment may be made, in whole or in part, under the
medical assistance program;
(f) arranges or contracts (by employment or
otherwise) with an individual or entity that the person
knows or should know is excluded from participation in
the medical assistance program or a federal or state
health care program, for the provision of items or
services for which payment may be made under such a
program;
(g) commits an act described in subsection (b) or
(c) of Section 8A-3;
(h) knowingly makes, uses, or causes to be made or
used, a false record or statement material to a false
or fraudulent claim for payment for items and services
furnished under the medical assistance program;
(i) fails to grant timely access, upon reasonable
request (as defined by the Department by rule), to the
Inspector General, for the purpose of audits,
investigations, evaluations, or other statutory
functions of the Inspector General of the Department;
(j) orders or prescribes a medical or other item or

SB3642 - 1098 - LRB101 20589 WGH 70218 b
service during a period in which the person was
excluded from the medical assistance program or a
federal or state health care program, in the case where
the person knows or should know that a claim for such
medical or other item or service will be made under
such a program;
(k) knowingly makes or causes to be made any false
statement, omission, or misrepresentation of a
material fact in any application, bid, or contract to
participate or enroll as a vendor or provider of
services or a supplier under the medical assistance
program;
(l) knows of an overpayment and does not report and
return the overpayment to the Department in accordance
with paragraph (6);
shall be subject, in addition to any other penalties that
may be prescribed by law, to a civil money penalty of not
more than $10,000 for each item or service (or, in cases
under subparagraph (c), $15,000 for each individual with
respect to whom false or misleading information was given;
in cases under subparagraph (d), $10,000 for each day the
prohibited relationship occurs; in cases under
subparagraph (g), $50,000 for each such act; in cases under
subparagraph (h), $50,000 for each false record or
statement; in cases under subparagraph (i), $15,000 for
each day of the failure described in such subparagraph; or

SB3642 - 1099 - LRB101 20589 WGH 70218 b
in cases under subparagraph (k), $50,000 for each false
statement, omission, or misrepresentation of a material
fact). In addition, such a person shall be subject to an
assessment of not more than 3 times the amount claimed for
each such item or service in lieu of damages sustained by
the State because of such claim (or, in cases under
subparagraph (g), damages of not more than 3 times the
total amount of remuneration offered, paid, solicited, or
received, without regard to whether a portion of such
remuneration was offered, paid, solicited, or received for
a lawful purpose; or in cases under subparagraph (k), an
assessment of not more than 3 times the total amount
claimed for each item or service for which payment was made
based upon the application, bid, or contract containing the
false statement, omission, or misrepresentation of a
material fact).
(3) In addition, the Director or his or her designee
may make a determination in the same proceeding to exclude,
terminate, suspend, or bar the person from participation in
the medical assistance program.
(4) The Illinois Department may seek the civil monetary
penalties and exclusion, termination, suspension, or
barment identified in this subsection (E-5). Prior to the
imposition of any penalties or sanctions, the affected
person shall be afforded an opportunity for a hearing after
reasonable notice. The Department shall establish hearing

SB3642 - 1100 - LRB101 20589 WGH 70218 b
procedures by rule.
(5) Any final order, decision, or other determination
made, issued, or executed by the Director under the
provisions of this subsection (E-5), whereby a person is
aggrieved, shall be subject to review in accordance with
the provisions of the Administrative Review Law, and the
rules adopted pursuant thereto, which shall apply to and
govern all proceedings for the judicial review of final
administrative decisions of the Director.
(6)(a) If a person has received an overpayment, the
person shall:
(i) report and return the overpayment to the
Department at the correct address; and
(ii) notify the Department in writing of the reason
for the overpayment.
(b) An overpayment must be reported and returned under
subparagraph (a) by the later of:
(i) the date which is 60 days after the date on
which the overpayment was identified; or
(ii) the date any corresponding cost report is due,
if applicable.
(E-10) A vendor who disputes an overpayment identified as
part of a Department audit shall utilize the Department's
self-referral disclosure protocol as set forth under this Code
to identify, investigate, and return to the Department any
undisputed audit overpayment amount. Unless the disputed

SB3642 - 1101 - LRB101 20589 WGH 70218 b
overpayment amount is subject to a fraud payment suspension, or
involves a termination sanction, the Department shall defer the
recovery of the disputed overpayment amount up to one year
after the date of the Department's final audit determination,
or earlier, or as required by State or federal law. If the
administrative hearing extends beyond one year, and such delay
was not caused by the request of the vendor, then the
Department shall not recover the disputed overpayment amount
until the date of the final administrative decision. If a final
administrative decision establishes that the disputed
overpayment amount is owed to the Department, then the amount
shall be immediately due to the Department. The Department
shall be entitled to recover interest from the vendor on the
overpayment amount from the date of the overpayment through the
date the vendor returns the overpayment to the Department at a
rate not to exceed the Wall Street Journal Prime Rate, as
published from time to time, but not to exceed 5%. Any interest
billed by the Department shall be due immediately upon receipt
of the Department's billing statement.
(F) The Illinois Department may withhold payments to any
vendor or alternate payee prior to or during the pendency of
any audit or proceeding under this Section, and through the
pendency of any administrative appeal or administrative review
by any court proceeding. The Illinois Department shall state by
rule with as much specificity as practicable the conditions
under which payments will not be withheld under this Section.

SB3642 - 1102 - LRB101 20589 WGH 70218 b
Payments may be denied for bills submitted with service dates
occurring during the pendency of a proceeding, after a final
decision has been rendered, or after the conclusion of any
administrative appeal, where the final administrative decision
is to terminate, exclude, or suspend eligibility to participate
in the medical assistance program. The Illinois Department
shall state by rule with as much specificity as practicable the
conditions under which payments will not be denied for such
bills. The Illinois Department shall state by rule a process
and criteria by which a vendor or alternate payee may request
full or partial release of payments withheld under this
subsection. The Department must complete a proceeding under
this Section in a timely manner.
Notwithstanding recovery allowed under subsection (E) or
this subsection (F), the Illinois Department may withhold
payments to any vendor or alternate payee who is not properly
licensed, certified, or in compliance with State or federal
agency regulations. Payments may be denied for bills submitted
with service dates occurring during the period of time that a
vendor is not properly licensed, certified, or in compliance
with State or federal regulations. Facilities licensed under
the Nursing Home Care Act shall have payments denied or
withheld pursuant to subsection (I) of this Section.
(F-5) The Illinois Department may temporarily withhold
payments to a vendor or alternate payee if any of the following
individuals have been indicted or otherwise charged under a law

SB3642 - 1103 - LRB101 20589 WGH 70218 b
of the United States or this or any other state with an offense
that is based on alleged fraud or willful misrepresentation on
the part of the individual related to (i) the medical
assistance program under Article V of this Code, (ii) a federal
or another state's medical assistance or health care program,
or (iii) the provision of health care services:
(1) If the vendor or alternate payee is a corporation:
an officer of the corporation or an individual who owns,
either directly or indirectly, 5% or more of the shares of
stock or other evidence of ownership of the corporation.
(2) If the vendor is a sole proprietorship: the owner
of the sole proprietorship.
(3) If the vendor or alternate payee is a partnership:
a partner in the partnership.
(4) If the vendor or alternate payee is any other
business entity authorized by law to transact business in
this State: an officer of the entity or an individual who
owns, either directly or indirectly, 5% or more of the
evidences of ownership of the entity.
If the Illinois Department withholds payments to a vendor
or alternate payee under this subsection, the Department shall
not release those payments to the vendor or alternate payee
while any criminal proceeding related to the indictment or
charge is pending unless the Department determines that there
is good cause to release the payments before completion of the
proceeding. If the indictment or charge results in the

SB3642 - 1104 - LRB101 20589 WGH 70218 b
individual's conviction, the Illinois Department shall retain
all withheld payments, which shall be considered forfeited to
the Department. If the indictment or charge does not result in
the individual's conviction, the Illinois Department shall
release to the vendor or alternate payee all withheld payments.
(F-10) If the Illinois Department establishes that the
vendor or alternate payee owes a debt to the Illinois
Department, and the vendor or alternate payee subsequently
fails to pay or make satisfactory payment arrangements with the
Illinois Department for the debt owed, the Illinois Department
may seek all remedies available under the law of this State to
recover the debt, including, but not limited to, wage
garnishment or the filing of claims or liens against the vendor
or alternate payee.
(F-15) Enforcement of judgment.
(1) Any fine, recovery amount, other sanction, or costs
imposed, or part of any fine, recovery amount, other
sanction, or cost imposed, remaining unpaid after the
exhaustion of or the failure to exhaust judicial review
procedures under the Illinois Administrative Review Law is
a debt due and owing the State and may be collected using
all remedies available under the law.
(2) After expiration of the period in which judicial
review under the Illinois Administrative Review Law may be
sought for a final administrative decision, unless stayed
by a court of competent jurisdiction, the findings,

SB3642 - 1105 - LRB101 20589 WGH 70218 b
decision, and order of the Director may be enforced in the
same manner as a judgment entered by a court of competent
jurisdiction.
(3) In any case in which any person or entity has
failed to comply with a judgment ordering or imposing any
fine or other sanction, any expenses incurred by the
Illinois Department to enforce the judgment, including,
but not limited to, attorney's fees, court costs, and costs
related to property demolition or foreclosure, after they
are fixed by a court of competent jurisdiction or the
Director, shall be a debt due and owing the State and may
be collected in accordance with applicable law. Prior to
any expenses being fixed by a final administrative decision
pursuant to this subsection (F-15), the Illinois
Department shall provide notice to the individual or entity
that states that the individual or entity shall appear at a
hearing before the administrative hearing officer to
determine whether the individual or entity has failed to
comply with the judgment. The notice shall set the date for
such a hearing, which shall not be less than 7 days from
the date that notice is served. If notice is served by
mail, the 7-day period shall begin to run on the date that
the notice was deposited in the mail.
(4) Upon being recorded in the manner required by
Article XII of the Code of Civil Procedure or by the
Uniform Commercial Code, a lien shall be imposed on the

SB3642 - 1106 - LRB101 20589 WGH 70218 b
real estate or personal estate, or both, of the individual
or entity in the amount of any debt due and owing the State
under this Section. The lien may be enforced in the same
manner as a judgment of a court of competent jurisdiction.
A lien shall attach to all property and assets of such
person, firm, corporation, association, agency,
institution, or other legal entity until the judgment is
satisfied.
(5) The Director may set aside any judgment entered by
default and set a new hearing date upon a petition filed at
any time (i) if the petitioner's failure to appear at the
hearing was for good cause, or (ii) if the petitioner
established that the Department did not provide proper
service of process. If any judgment is set aside pursuant
to this paragraph (5), the hearing officer shall have
authority to enter an order extinguishing any lien which
has been recorded for any debt due and owing the Illinois
Department as a result of the vacated default judgment.
(G) The provisions of the Administrative Review Law, as now
or hereafter amended, and the rules adopted pursuant thereto,
shall apply to and govern all proceedings for the judicial
review of final administrative decisions of the Illinois
Department under this Section. The term "administrative
decision" is defined as in Section 3-101 of the Code of Civil
Procedure.
(G-5) Vendors who pose a risk of fraud, waste, abuse, or

SB3642 - 1107 - LRB101 20589 WGH 70218 b
harm.
(1) Notwithstanding any other provision in this
Section, the Department may terminate, suspend, or exclude
vendors who pose a risk of fraud, waste, abuse, or harm
from participation in the medical assistance program prior
to an evidentiary hearing but after reasonable notice and
opportunity to respond as established by the Department by
rule.
(2) Vendors who pose a risk of fraud, waste, abuse, or
harm shall submit to a fingerprint-based criminal
background check on current and future information
available in the State system and current information
available through the Federal Bureau of Investigation's
system by submitting all necessary fees and information in
the form and manner prescribed by the Illinois Department
of State Police. The following individuals shall be subject
to the check:
(A) In the case of a vendor that is a corporation,
every shareholder who owns, directly or indirectly, 5%
or more of the outstanding shares of the corporation.
(B) In the case of a vendor that is a partnership,
every partner.
(C) In the case of a vendor that is a sole
proprietorship, the sole proprietor.
(D) Each officer or manager of the vendor.
Each such vendor shall be responsible for payment of

SB3642 - 1108 - LRB101 20589 WGH 70218 b
the cost of the criminal background check.
(3) Vendors who pose a risk of fraud, waste, abuse, or
harm may be required to post a surety bond. The Department
shall establish, by rule, the criteria and requirements for
determining when a surety bond must be posted and the value
of the bond.
(4) The Department, or its agents, may refuse to accept
requests for authorization from specific vendors who pose a
risk of fraud, waste, abuse, or harm, including
prior-approval and post-approval requests, if:
(A) the Department has initiated a notice of
termination, suspension, or exclusion of the vendor
from participation in the medical assistance program;
or
(B) the Department has issued notification of its
withholding of payments pursuant to subsection (F-5)
of this Section; or
(C) the Department has issued a notification of its
withholding of payments due to reliable evidence of
fraud or willful misrepresentation pending
investigation.
(5) As used in this subsection, the following terms are
defined as follows:
(A) "Fraud" means an intentional deception or
misrepresentation made by a person with the knowledge
that the deception could result in some unauthorized

SB3642 - 1109 - LRB101 20589 WGH 70218 b
benefit to himself or herself or some other person. It
includes any act that constitutes fraud under
applicable federal or State law.
(B) "Abuse" means provider practices that are
inconsistent with sound fiscal, business, or medical
practices and that result in an unnecessary cost to the
medical assistance program or in reimbursement for
services that are not medically necessary or that fail
to meet professionally recognized standards for health
care. It also includes recipient practices that result
in unnecessary cost to the medical assistance program.
Abuse does not include diagnostic or therapeutic
measures conducted primarily as a safeguard against
possible vendor liability.
(C) "Waste" means the unintentional misuse of
medical assistance resources, resulting in unnecessary
cost to the medical assistance program. Waste does not
include diagnostic or therapeutic measures conducted
primarily as a safeguard against possible vendor
liability.
(D) "Harm" means physical, mental, or monetary
damage to recipients or to the medical assistance
program.
(G-6) The Illinois Department, upon making a determination
based upon information in the possession of the Illinois
Department that continuation of participation in the medical

SB3642 - 1110 - LRB101 20589 WGH 70218 b
assistance program by a vendor would constitute an immediate
danger to the public, may immediately suspend such vendor's
participation in the medical assistance program without a
hearing. In instances in which the Illinois Department
immediately suspends the medical assistance program
participation of a vendor under this Section, a hearing upon
the vendor's participation must be convened by the Illinois
Department within 15 days after such suspension and completed
without appreciable delay. Such hearing shall be held to
determine whether to recommend to the Director that the
vendor's medical assistance program participation be denied,
terminated, suspended, placed on provisional status, or
reinstated. In the hearing, any evidence relevant to the vendor
constituting an immediate danger to the public may be
introduced against such vendor; provided, however, that the
vendor, or his or her counsel, shall have the opportunity to
discredit, impeach, and submit evidence rebutting such
evidence.
(H) Nothing contained in this Code shall in any way limit
or otherwise impair the authority or power of any State agency
responsible for licensing of vendors.
(I) Based on a finding of noncompliance on the part of a
nursing home with any requirement for certification under Title
XVIII or XIX of the Social Security Act (42 U.S.C. Sec. 1395 et
seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois Department
may impose one or more of the following remedies after notice

SB3642 - 1111 - LRB101 20589 WGH 70218 b
to the facility:
(1) Termination of the provider agreement.
(2) Temporary management.
(3) Denial of payment for new admissions.
(4) Civil money penalties.
(5) Closure of the facility in emergency situations or
transfer of residents, or both.
(6) State monitoring.
(7) Denial of all payments when the U.S. Department of
Health and Human Services has imposed this sanction.
The Illinois Department shall by rule establish criteria
governing continued payments to a nursing facility subsequent
to termination of the facility's provider agreement if, in the
sole discretion of the Illinois Department, circumstances
affecting the health, safety, and welfare of the facility's
residents require those continued payments. The Illinois
Department may condition those continued payments on the
appointment of temporary management, sale of the facility to
new owners or operators, or other arrangements that the
Illinois Department determines best serve the needs of the
facility's residents.
Except in the case of a facility that has a right to a
hearing on the finding of noncompliance before an agency of the
federal government, a facility may request a hearing before a
State agency on any finding of noncompliance within 60 days
after the notice of the intent to impose a remedy. Except in

SB3642 - 1112 - LRB101 20589 WGH 70218 b
the case of civil money penalties, a request for a hearing
shall not delay imposition of the penalty. The choice of
remedies is not appealable at a hearing. The level of
noncompliance may be challenged only in the case of a civil
money penalty. The Illinois Department shall provide by rule
for the State agency that will conduct the evidentiary
hearings.
The Illinois Department may collect interest on unpaid
civil money penalties.
The Illinois Department may adopt all rules necessary to
implement this subsection (I).
(J) The Illinois Department, by rule, may permit individual
practitioners to designate that Department payments that may be
due the practitioner be made to an alternate payee or alternate
payees.
(a) Such alternate payee or alternate payees shall be
required to register as an alternate payee in the Medical
Assistance Program with the Illinois Department.
(b) If a practitioner designates an alternate payee,
the alternate payee and practitioner shall be jointly and
severally liable to the Department for payments made to the
alternate payee. Pursuant to subsection (E) of this
Section, any Department action to suspend or deny payment
or recover money or overpayments from an alternate payee
shall be subject to an administrative hearing.
(c) Registration as an alternate payee or alternate

SB3642 - 1113 - LRB101 20589 WGH 70218 b
payees in the Illinois Medical Assistance Program shall be
conditional. At any time, the Illinois Department may deny
or cancel any alternate payee's registration in the
Illinois Medical Assistance Program without cause. Any
such denial or cancellation is not subject to an
administrative hearing.
(d) The Illinois Department may seek a revocation of
any alternate payee, and all owners, officers, and
individuals with management responsibility for such
alternate payee shall be permanently prohibited from
participating as an owner, an officer, or an individual
with management responsibility with an alternate payee in
the Illinois Medical Assistance Program, if after
reasonable notice and opportunity for a hearing the
Illinois Department finds that:
(1) the alternate payee is not complying with the
Department's policy or rules and regulations, or with
the terms and conditions prescribed by the Illinois
Department in its alternate payee registration
agreement; or
(2) the alternate payee has failed to keep or make
available for inspection, audit, or copying, after
receiving a written request from the Illinois
Department, such records regarding payments claimed as
an alternate payee; or
(3) the alternate payee has failed to furnish any

SB3642 - 1114 - LRB101 20589 WGH 70218 b
information requested by the Illinois Department
regarding payments claimed as an alternate payee; or
(4) the alternate payee has knowingly made, or
caused to be made, any false statement or
representation of a material fact in connection with
the administration of the Illinois Medical Assistance
Program; or
(5) the alternate payee, a person with management
responsibility for an alternate payee, an officer or
person owning, either directly or indirectly, 5% or
more of the shares of stock or other evidences of
ownership in a corporate alternate payee, or a partner
in a partnership which is an alternate payee:
(a) was previously terminated, suspended, or
excluded from participation as a vendor in the
Illinois Medical Assistance Program, or was
previously revoked as an alternate payee in the
Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code; or
(b) was a person with management
responsibility for a vendor previously terminated,
suspended, or excluded from participation as a

SB3642 - 1115 - LRB101 20589 WGH 70218 b
vendor in the Illinois Medical Assistance Program,
or was previously revoked as an alternate payee in
the Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion or alternate
payee's revocation; or
(c) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a
corporate vendor previously terminated, suspended,
or excluded from participation as a vendor in the
Illinois Medical Assistance Program, or was
previously revoked as an alternate payee in the
Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion; or

SB3642 - 1116 - LRB101 20589 WGH 70218 b
(d) was an owner of a sole proprietorship or
partner in a partnership previously terminated,
suspended, or excluded from participation as a
vendor in the Illinois Medical Assistance Program,
or was previously revoked as an alternate payee in
the Illinois Medical Assistance Program, or was
terminated, suspended, or excluded from
participation as a vendor in a medical assistance
program in another state that is of the same kind
as the program of medical assistance provided
under Article V of this Code, during the time of
conduct which was the basis for that vendor's
termination, suspension, or exclusion or alternate
payee's revocation; or
(6) the alternate payee, a person with management
responsibility for an alternate payee, an officer or
person owning, either directly or indirectly, 5% or
more of the shares of stock or other evidences of
ownership in a corporate alternate payee, or a partner
in a partnership which is an alternate payee:
(a) has engaged in conduct prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(b) was a person with management
responsibility for a vendor or alternate payee at

SB3642 - 1117 - LRB101 20589 WGH 70218 b
the time that the vendor or alternate payee engaged
in practices prohibited by applicable federal or
State law or regulation relating to the Illinois
Medical Assistance Program; or
(c) was an officer, or person owning, either
directly or indirectly, 5% or more of the shares of
stock or other evidences of ownership in a vendor
or alternate payee at the time such vendor or
alternate payee engaged in practices prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(d) was an owner of a sole proprietorship or
partner in a partnership which was a vendor or
alternate payee at the time such vendor or
alternate payee engaged in practices prohibited by
applicable federal or State law or regulation
relating to the Illinois Medical Assistance
Program; or
(7) the direct or indirect ownership of the vendor
or alternate payee (including the ownership of a vendor
or alternate payee that is a partner's interest in a
vendor or alternate payee, or ownership of 5% or more
of the shares of stock or other evidences of ownership
in a corporate vendor or alternate payee) has been
transferred by an individual who is terminated,

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suspended, or excluded or barred from participating as
a vendor or is prohibited or revoked as an alternate
payee to the individual's spouse, child, brother,
sister, parent, grandparent, grandchild, uncle, aunt,
niece, nephew, cousin, or relative by marriage.
(K) The Illinois Department of Healthcare and Family
Services may withhold payments, in whole or in part, to a
provider or alternate payee where there is credible evidence,
received from State or federal law enforcement or federal
oversight agencies or from the results of a preliminary
Department audit, that the circumstances giving rise to the
need for a withholding of payments may involve fraud or willful
misrepresentation under the Illinois Medical Assistance
program. The Department shall by rule define what constitutes
"credible" evidence for purposes of this subsection. The
Department may withhold payments without first notifying the
provider or alternate payee of its intention to withhold such
payments. A provider or alternate payee may request a
reconsideration of payment withholding, and the Department
must grant such a request. The Department shall state by rule a
process and criteria by which a provider or alternate payee may
request full or partial release of payments withheld under this
subsection. This request may be made at any time after the
Department first withholds such payments.
(a) The Illinois Department must send notice of its
withholding of program payments within 5 days of taking

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such action. The notice must set forth the general
allegations as to the nature of the withholding action, but
need not disclose any specific information concerning its
ongoing investigation. The notice must do all of the
following:
(1) State that payments are being withheld in
accordance with this subsection.
(2) State that the withholding is for a temporary
period, as stated in paragraph (b) of this subsection,
and cite the circumstances under which withholding
will be terminated.
(3) Specify, when appropriate, which type or types
of Medicaid claims withholding is effective.
(4) Inform the provider or alternate payee of the
right to submit written evidence for reconsideration
of the withholding by the Illinois Department.
(5) Inform the provider or alternate payee that a
written request may be made to the Illinois Department
for full or partial release of withheld payments and
that such requests may be made at any time after the
Department first withholds such payments.
(b) All withholding-of-payment actions under this
subsection shall be temporary and shall not continue after
any of the following:
(1) The Illinois Department or the prosecuting
authorities determine that there is insufficient

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evidence of fraud or willful misrepresentation by the
provider or alternate payee.
(2) Legal proceedings related to the provider's or
alternate payee's alleged fraud, willful
misrepresentation, violations of this Act, or
violations of the Illinois Department's administrative
rules are completed.
(3) The withholding of payments for a period of 3
years.
(c) The Illinois Department may adopt all rules
necessary to implement this subsection (K).
(K-5) The Illinois Department may withhold payments, in
whole or in part, to a provider or alternate payee upon
initiation of an audit, quality of care review, investigation
when there is a credible allegation of fraud, or the provider
or alternate payee demonstrating a clear failure to cooperate
with the Illinois Department such that the circumstances give
rise to the need for a withholding of payments. As used in this
subsection, "credible allegation" is defined to include an
allegation from any source, including, but not limited to,
fraud hotline complaints, claims data mining, patterns
identified through provider audits, civil actions filed under
the Illinois False Claims Act, and law enforcement
investigations. An allegation is considered to be credible when
it has indicia of reliability. The Illinois Department may
withhold payments without first notifying the provider or

SB3642 - 1121 - LRB101 20589 WGH 70218 b
alternate payee of its intention to withhold such payments. A
provider or alternate payee may request a hearing or a
reconsideration of payment withholding, and the Illinois
Department must grant such a request. The Illinois Department
shall state by rule a process and criteria by which a provider
or alternate payee may request a hearing or a reconsideration
for the full or partial release of payments withheld under this
subsection. This request may be made at any time after the
Illinois Department first withholds such payments.
(a) The Illinois Department must send notice of its
withholding of program payments within 5 days of taking
such action. The notice must set forth the general
allegations as to the nature of the withholding action but
need not disclose any specific information concerning its
ongoing investigation. The notice must do all of the
following:
(1) State that payments are being withheld in
accordance with this subsection.
(2) State that the withholding is for a temporary
period, as stated in paragraph (b) of this subsection,
and cite the circumstances under which withholding
will be terminated.
(3) Specify, when appropriate, which type or types
of claims are withheld.
(4) Inform the provider or alternate payee of the
right to request a hearing or a reconsideration of the

SB3642 - 1122 - LRB101 20589 WGH 70218 b
withholding by the Illinois Department, including the
ability to submit written evidence.
(5) Inform the provider or alternate payee that a
written request may be made to the Illinois Department
for a hearing or a reconsideration for the full or
partial release of withheld payments and that such
requests may be made at any time after the Illinois
Department first withholds such payments.
(b) All withholding of payment actions under this
subsection shall be temporary and shall not continue after
any of the following:
(1) The Illinois Department determines that there
is insufficient evidence of fraud, or the provider or
alternate payee demonstrates clear cooperation with
the Illinois Department, as determined by the Illinois
Department, such that the circumstances do not give
rise to the need for withholding of payments; or
(2) The withholding of payments has lasted for a
period in excess of 3 years.
(c) The Illinois Department may adopt all rules
necessary to implement this subsection (K-5).
(L) The Illinois Department shall establish a protocol to
enable health care providers to disclose an actual or potential
violation of this Section pursuant to a self-referral
disclosure protocol, referred to in this subsection as "the
protocol". The protocol shall include direction for health care

SB3642 - 1123 - LRB101 20589 WGH 70218 b
providers on a specific person, official, or office to whom
such disclosures shall be made. The Illinois Department shall
post information on the protocol on the Illinois Department's
public website. The Illinois Department may adopt rules
necessary to implement this subsection (L). In addition to
other factors that the Illinois Department finds appropriate,
the Illinois Department may consider a health care provider's
timely use or failure to use the protocol in considering the
provider's failure to comply with this Code.
(M) Notwithstanding any other provision of this Code, the
Illinois Department, at its discretion, may exempt an entity
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, or the MC/DD Act from the provisions of subsections
(A-15), (B), and (C) of this Section if the licensed entity is
in receivership.
(Source: P.A. 98-214, eff. 8-9-13; 98-550, eff. 8-27-13;
98-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
Section 740. The Housing Authorities Act is amended by
changing Section 25 as follows:
(310 ILCS 10/25) (from Ch. 67 1/2, par. 25)
Sec. 25. Rentals and tenant selection. In the operation or
management of housing projects an Authority shall at all times
observe the following duties with respect to rentals and tenant
selection:

SB3642 - 1124 - LRB101 20589 WGH 70218 b
(a) It shall not accept any person as a tenant in any
dwelling in a housing project if the persons who would occupy
the dwelling have an aggregate annual income which equals or
exceeds the amount which the Authority determines (which
determination shall be conclusive) to be necessary in order to
enable such persons to secure safe, sanitary and uncongested
dwelling accommodations within the area of operation of the
Authority and to provide an adequate standard of living for
themselves.
(b) It may rent or lease the dwelling accommodations
therein only at rentals within the financial reach of persons
who lack the amount of income which it determines (pursuant to
(a) of this Section) to be necessary in order to obtain safe,
sanitary and uncongested dwelling accommodations within the
area of operation of the Authority and to provide an adequate
standard of living.
(c) It may rent or lease to a tenant a dwelling consisting
of the number of rooms (but no greater number) which it deems
necessary to provide safe and sanitary accommodations to the
proposed occupants thereof, without overcrowding.
(d) It shall not change the residency preference of any
prospective tenant once the application has been accepted by
the authority.
(e) It may refuse to certify or recertify applicants,
current tenants, or other household members if, after due
notice and an impartial hearing, that person or any of the

SB3642 - 1125 - LRB101 20589 WGH 70218 b
proposed occupants of the dwelling has, prior to or during a
term of tenancy or occupancy in any housing project operated by
an Authority, been convicted of a criminal offense relating to
the sale or distribution of controlled substances under the
laws of this State, the United States or any other state. If an
Authority desires a criminal history records check of all 50
states or a 50-state confirmation of a conviction record, the
Authority shall submit the fingerprints of the relevant
applicant, tenant, or other household member to the Illinois
Department of State Police in a manner prescribed by the
Illinois Department of State Police. These fingerprints shall
be checked against the fingerprint records now and hereafter
filed in the Illinois Department of State Police and Federal
Bureau of Investigation criminal history records databases.
The Illinois Department of State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois
Department of State Police shall furnish pursuant to positive
identification, records of conviction to the Authority.
(f) It may, if a tenant has created or maintained a threat
constituting a serious and clear danger to the health or safety
of other tenants or Authority employees, after 3 days' written
notice of termination and without a hearing, file suit against
any such tenant for recovery of possession of the premises. The
tenant shall be given the opportunity to contest the

SB3642 - 1126 - LRB101 20589 WGH 70218 b
termination in the court proceedings. A serious and clear
danger to the health or safety of other tenants or Authority
employees shall include, but not be limited to, any of the
following activities of the tenant or of any other person on
the premises with the consent of the tenant:
(1) Physical assault or the threat of physical assault.
(2) Illegal use of a firearm or other weapon or the
threat to use in an illegal manner a firearm or other
weapon.
(3) Possession of a controlled substance by the tenant
or any other person on the premises with the consent of the
tenant if the tenant knew or should have known of the
possession by the other person of a controlled substance,
unless the controlled substance was obtained directly from
or pursuant to a valid prescription.
(4) Streetgang membership as defined in the Illinois
Streetgang Terrorism Omnibus Prevention Act.
The management of low-rent public housing projects
financed and developed under the U.S. Housing Act of 1937 shall
be in accordance with that Act.
Nothing contained in this Section or any other Section of
this Act shall be construed as limiting the power of an
Authority to vest in a bondholder or trustee the right, in the
event of a default by the Authority, to take possession and
operate a housing project or cause the appointment of a
receiver thereof, free from all restrictions imposed by this

SB3642 - 1127 - LRB101 20589 WGH 70218 b
Section or any other Section of this Act.
(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
Section 745. The Adult Protective Services Act is amended
by changing Section 3.5 as follows:
(320 ILCS 20/3.5)
Sec. 3.5. Other responsibilities. The Department shall
also be responsible for the following activities, contingent
upon adequate funding; implementation shall be expanded to
adults with disabilities upon the effective date of this
amendatory Act of the 98th General Assembly, except those
responsibilities under subsection (a), which shall be
undertaken as soon as practicable:
(a) promotion of a wide range of endeavors for the
purpose of preventing abuse, neglect, financial
exploitation, and self-neglect, including, but not limited
to, promotion of public and professional education to
increase awareness of abuse, neglect, financial
exploitation, and self-neglect; to increase reports; to
establish access to and use of the Registry established
under Section 7.5; and to improve response by various
legal, financial, social, and health systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Administrative Office of the Illinois Courts, the

SB3642 - 1128 - LRB101 20589 WGH 70218 b
Office of the Attorney General, the Illinois State Police,
the Illinois Law Enforcement Training Standards Board, the
State Triad, the Illinois Criminal Justice Information
Authority, the Departments of Public Health, Healthcare
and Family Services, and Human Services, the Illinois
Guardianship and Advocacy Commission, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, and other entities which may impact awareness
of, and response to, abuse, neglect, financial
exploitation, and self-neglect;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and adult protective services
agencies;
(e) promotion of prevention activities;
(f) establishing and coordinating an aggressive
training program on the unique nature of adult abuse cases
with other agencies, councils, and like entities, to
include but not be limited to the Office of the Attorney
General, the Illinois State Police, the Illinois Law
Enforcement Training Standards Board, the State Triad, the
Illinois Criminal Justice Information Authority, the State
Departments of Public Health, Healthcare and Family
Services, and Human Services, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, the agency designated by the Governor under

SB3642 - 1129 - LRB101 20589 WGH 70218 b
Section 1 of the Protection and Advocacy for Persons with
Developmental Disabilities Act, and other entities that
may impact awareness of and response to abuse, neglect,
financial exploitation, and self-neglect;
(g) solicitation of financial institutions for the
purpose of making information available to the general
public warning of financial exploitation of adults and
related financial fraud or abuse, including such
information and warnings available through signage or
other written materials provided by the Department on the
premises of such financial institutions, provided that the
manner of displaying or distributing such information is
subject to the sole discretion of each financial
institution;
(g-1) developing by joint rulemaking with the
Department of Financial and Professional Regulation
minimum training standards which shall be used by financial
institutions for their current and new employees with
direct customer contact; the Department of Financial and
Professional Regulation shall retain sole visitation and
enforcement authority under this subsection (g-1); the
Department of Financial and Professional Regulation shall
provide bi-annual reports to the Department setting forth
aggregate statistics on the training programs required
under this subsection (g-1); and
(h) coordinating efforts with utility and electric

SB3642 - 1130 - LRB101 20589 WGH 70218 b
companies to send notices in utility bills to explain to
persons 60 years of age or older their rights regarding
telemarketing and home repair fraud.
(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
99-143, eff. 7-27-15.)
Section 755. The Abused and Neglected Child Reporting Act
is amended by changing Sections 7.3, 7.4, and 11.1 as follows:
(325 ILCS 5/7.3) (from Ch. 23, par. 2057.3)
Sec. 7.3. (a) The Department shall be the sole agency
responsible for receiving and investigating reports of child
abuse or neglect made under this Act, including reports of
adult resident abuse or neglect as defined in this Act, except
where investigations by other agencies may be required with
respect to reports alleging the abuse or neglect of a child by
a person who is not the child's parent, a member of the child's
immediate family, a person responsible for the child's welfare,
an individual residing in the same home as the child, or a
paramour of the child's parent, the death of a child, serious
injury to a child or sexual abuse to a child made pursuant to
Sections 4.1 or 7 of this Act, and except that the Department
may delegate the performance of the investigation to the
Illinois Department of State Police, a law enforcement agency
and to those private social service agencies which have been
designated for this purpose by the Department prior to July 1,

SB3642 - 1131 - LRB101 20589 WGH 70218 b
1980.
(b) Notwithstanding any other provision of this Act, the
Department shall adopt rules expressly allowing law
enforcement personnel to investigate reports of suspected
child abuse or neglect concurrently with the Department,
without regard to whether the Department determines a report to
be "indicated" or "unfounded" or deems a report to be
"undetermined".
(c) By June 1, 2016, the Department shall adopt rules that
address and set forth criteria and standards relevant to
investigations of reports of abuse or neglect committed by any
agency, as defined in Section 3 of this Act, or person working
for an agency responsible for the welfare of a child or adult
resident.
(Source: P.A. 101-583, eff. 1-1-20.)
(325 ILCS 5/7.4) (from Ch. 23, par. 2057.4)
Sec. 7.4. (a) The Department shall be capable of receiving
reports of suspected child abuse or neglect 24 hours a day, 7
days a week. Whenever the Department receives a report alleging
that a child is a truant as defined in Section 26-2a of the
School Code, as now or hereafter amended, the Department shall
notify the superintendent of the school district in which the
child resides and the appropriate superintendent of the
educational service region. The notification to the
appropriate officials by the Department shall not be considered

SB3642 - 1132 - LRB101 20589 WGH 70218 b
an allegation of abuse or neglect under this Act.
(a-5) The Department of Children and Family Services may
implement a "differential response program" in accordance with
criteria, standards, and procedures prescribed by rule. The
program may provide that, upon receiving a report, the
Department shall determine whether to conduct a family
assessment or an investigation as appropriate to prevent or
provide a remedy for child abuse or neglect.
For purposes of this subsection (a-5), "family assessment"
means a comprehensive assessment of child safety, risk of
subsequent child maltreatment, and family strengths and needs
that is applied to a child maltreatment report that does not
allege substantial child endangerment. "Family assessment"
does not include a determination as to whether child
maltreatment occurred but does determine the need for services
to address the safety of family members and the risk of
subsequent maltreatment.
For purposes of this subsection (a-5), "investigation"
means fact-gathering related to the current safety of a child
and the risk of subsequent abuse or neglect that determines
whether a report of suspected child abuse or neglect should be
indicated or unfounded and whether child protective services
are needed.
Under the "differential response program" implemented
under this subsection (a-5), the Department:
(1) Shall conduct an investigation on reports

SB3642 - 1133 - LRB101 20589 WGH 70218 b
involving substantial child abuse or neglect.
(2) Shall begin an immediate investigation if, at any
time when it is using a family assessment response, it
determines that there is reason to believe that substantial
child abuse or neglect or a serious threat to the child's
safety exists.
(3) May conduct a family assessment for reports that do
not allege substantial child endangerment. In determining
that a family assessment is appropriate, the Department may
consider issues, including, but not limited to, child
safety, parental cooperation, and the need for an immediate
response.
(4) Shall promulgate criteria, standards, and
procedures that shall be applied in making this
determination, taking into consideration the Child
Endangerment Risk Assessment Protocol of the Department.
(5) May conduct a family assessment on a report that
was initially screened and assigned for an investigation.
In determining that a complete investigation is not
required, the Department must document the reason for
terminating the investigation and notify the local law
enforcement agency or the Illinois Department of State Police
if the local law enforcement agency or Illinois Department of
State Police is conducting a joint investigation.
Once it is determined that a "family assessment" will be
implemented, the case shall not be reported to the central

SB3642 - 1134 - LRB101 20589 WGH 70218 b
register of abuse and neglect reports.
During a family assessment, the Department shall collect
any available and relevant information to determine child
safety, risk of subsequent abuse or neglect, and family
strengths.
Information collected includes, but is not limited to, when
relevant: information with regard to the person reporting the
alleged abuse or neglect, including the nature of the
reporter's relationship to the child and to the alleged
offender, and the basis of the reporter's knowledge for the
report; the child allegedly being abused or neglected; the
alleged offender; the child's caretaker; and other collateral
sources having relevant information related to the alleged
abuse or neglect. Information relevant to the assessment must
be asked for, and may include:
(A) The child's sex and age, prior reports of abuse or
neglect, information relating to developmental
functioning, credibility of the child's statement, and
whether the information provided under this paragraph (A)
is consistent with other information collected during the
course of the assessment or investigation.
(B) The alleged offender's age, a record check for
prior reports of abuse or neglect, and criminal charges and
convictions. The alleged offender may submit supporting
documentation relevant to the assessment.
(C) Collateral source information regarding the

SB3642 - 1135 - LRB101 20589 WGH 70218 b
alleged abuse or neglect and care of the child. Collateral
information includes, when relevant: (i) a medical
examination of the child; (ii) prior medical records
relating to the alleged maltreatment or care of the child
maintained by any facility, clinic, or health care
professional, and an interview with the treating
professionals; and (iii) interviews with the child's
caretakers, including the child's parent, guardian, foster
parent, child care provider, teachers, counselors, family
members, relatives, and other persons who may have
knowledge regarding the alleged maltreatment and the care
of the child.
(D) Information on the existence of domestic abuse and
violence in the home of the child, and substance abuse.
Nothing in this subsection (a-5) precludes the Department
from collecting other relevant information necessary to
conduct the assessment or investigation. Nothing in this
subsection (a-5) shall be construed to allow the name or
identity of a reporter to be disclosed in violation of the
protections afforded under Section 7.19 of this Act.
After conducting the family assessment, the Department
shall determine whether services are needed to address the
safety of the child and other family members and the risk of
subsequent abuse or neglect.
Upon completion of the family assessment, if the Department
concludes that no services shall be offered, then the case

SB3642 - 1136 - LRB101 20589 WGH 70218 b
shall be closed. If the Department concludes that services
shall be offered, the Department shall develop a family
preservation plan and offer or refer services to the family.
At any time during a family assessment, if the Department
believes there is any reason to stop the assessment and conduct
an investigation based on the information discovered, the
Department shall do so.
The procedures available to the Department in conducting
investigations under this Act shall be followed as appropriate
during a family assessment.
If the Department implements a differential response
program authorized under this subsection (a-5), the Department
shall arrange for an independent evaluation of the program for
at least the first 3 years of implementation to determine
whether it is meeting the goals in accordance with Section 2 of
this Act.
The Department may adopt administrative rules necessary
for the execution of this Section, in accordance with Section 4
of the Children and Family Services Act.
The Department shall submit a report to the General
Assembly by January 15, 2018 on the implementation progress and
recommendations for additional needed legislative changes.
(b)(1) The following procedures shall be followed in the
investigation of all reports of suspected abuse or neglect of a
child, except as provided in subsection (c) of this Section.
(2) If, during a family assessment authorized by subsection

SB3642 - 1137 - LRB101 20589 WGH 70218 b
(a-5) or an investigation, it appears that the immediate safety
or well-being of a child is endangered, that the family may
flee or the child disappear, or that the facts otherwise so
warrant, the Child Protective Service Unit shall commence an
investigation immediately, regardless of the time of day or
night. All other investigations shall be commenced within 24
hours of receipt of the report. Upon receipt of a report, the
Child Protective Service Unit shall conduct a family assessment
authorized by subsection (a-5) or begin an initial
investigation and make an initial determination whether the
report is a good faith indication of alleged child abuse or
neglect.
(3) Based on an initial investigation, if the Unit
determines the report is a good faith indication of alleged
child abuse or neglect, then a formal investigation shall
commence and, pursuant to Section 7.12 of this Act, may or may
not result in an indicated report. The formal investigation
shall include: direct contact with the subject or subjects of
the report as soon as possible after the report is received; an
evaluation of the environment of the child named in the report
and any other children in the same environment; a determination
of the risk to such children if they continue to remain in the
existing environments, as well as a determination of the
nature, extent and cause of any condition enumerated in such
report; the name, age and condition of other children in the
environment; and an evaluation as to whether there would be an

SB3642 - 1138 - LRB101 20589 WGH 70218 b
immediate and urgent necessity to remove the child from the
environment if appropriate family preservation services were
provided. After seeing to the safety of the child or children,
the Department shall forthwith notify the subjects of the
report in writing, of the existence of the report and their
rights existing under this Act in regard to amendment or
expungement. To fulfill the requirements of this Section, the
Child Protective Service Unit shall have the capability of
providing or arranging for comprehensive emergency services to
children and families at all times of the day or night.
(4) If (i) at the conclusion of the Unit's initial
investigation of a report, the Unit determines the report to be
a good faith indication of alleged child abuse or neglect that
warrants a formal investigation by the Unit, the Department,
any law enforcement agency or any other responsible agency and
(ii) the person who is alleged to have caused the abuse or
neglect is employed or otherwise engaged in an activity
resulting in frequent contact with children and the alleged
abuse or neglect are in the course of such employment or
activity, then the Department shall, except in investigations
where the Director determines that such notification would be
detrimental to the Department's investigation, inform the
appropriate supervisor or administrator of that employment or
activity that the Unit has commenced a formal investigation
pursuant to this Act, which may or may not result in an
indicated report. The Department shall also notify the person

SB3642 - 1139 - LRB101 20589 WGH 70218 b
being investigated, unless the Director determines that such
notification would be detrimental to the Department's
investigation.
(c) In an investigation of a report of suspected abuse or
neglect of a child by a school employee at a school or on
school grounds, the Department shall make reasonable efforts to
follow the following procedures:
(1) Investigations involving teachers shall not, to
the extent possible, be conducted when the teacher is
scheduled to conduct classes. Investigations involving
other school employees shall be conducted so as to minimize
disruption of the school day. The school employee accused
of child abuse or neglect may have his superior, his
association or union representative and his attorney
present at any interview or meeting at which the teacher or
administrator is present. The accused school employee
shall be informed by a representative of the Department, at
any interview or meeting, of the accused school employee's
due process rights and of the steps in the investigation
process. These due process rights shall also include the
right of the school employee to present countervailing
evidence regarding the accusations. In an investigation in
which the alleged perpetrator of abuse or neglect is a
school employee, including, but not limited to, a school
teacher or administrator, and the recommendation is to
determine the report to be indicated, in addition to other

SB3642 - 1140 - LRB101 20589 WGH 70218 b
procedures as set forth and defined in Department rules and
procedures, the employee's due process rights shall also
include: (i) the right to a copy of the investigation
summary; (ii) the right to review the specific allegations
which gave rise to the investigation; and (iii) the right
to an administrator's teleconference which shall be
convened to provide the school employee with the
opportunity to present documentary evidence or other
information that supports his or her position and to
provide information before a final finding is entered.
(2) If a report of neglect or abuse of a child by a
teacher or administrator does not involve allegations of
sexual abuse or extreme physical abuse, the Child
Protective Service Unit shall make reasonable efforts to
conduct the initial investigation in coordination with the
employee's supervisor.
If the Unit determines that the report is a good faith
indication of potential child abuse or neglect, it shall
then commence a formal investigation under paragraph (3) of
subsection (b) of this Section.
(3) If a report of neglect or abuse of a child by a
teacher or administrator involves an allegation of sexual
abuse or extreme physical abuse, the Child Protective Unit
shall commence an investigation under paragraph (2) of
subsection (b) of this Section.
(c-5) In any instance in which a report is made or caused

SB3642 - 1141 - LRB101 20589 WGH 70218 b
to made by a school district employee involving the conduct of
a person employed by the school district, at the time the
report was made, as required under Section 4 of this Act, the
Child Protective Service Unit shall send a copy of its final
finding report to the general superintendent of that school
district.
(c-10) The Department may recommend that a school district
remove a school employee who is the subject of an investigation
from his or her employment position pending the outcome of the
investigation; however, all employment decisions regarding
school personnel shall be the sole responsibility of the school
district or employer. The Department may not require a school
district to remove a school employee from his or her employment
position or limit the school employee's duties pending the
outcome of an investigation.
(d) If the Department has contact with an employer, or with
a religious institution or religious official having
supervisory or hierarchical authority over a member of the
clergy accused of the abuse of a child, in the course of its
investigation, the Department shall notify the employer or the
religious institution or religious official, in writing, when a
report is unfounded so that any record of the investigation can
be expunged from the employee's or member of the clergy's
personnel or other records. The Department shall also notify
the employee or the member of the clergy, in writing, that
notification has been sent to the employer or to the

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appropriate religious institution or religious official
informing the employer or religious institution or religious
official that the Department's investigation has resulted in an
unfounded report.
(d-1) Whenever a report alleges that a child was abused or
neglected while receiving care in a hospital, including a
freestanding psychiatric hospital licensed by the Department
of Public Health, the Department shall send a copy of its final
finding to the Director of Public Health and the Director of
Healthcare and Family Services.
(e) Upon request by the Department, the Illinois Department
of State Police and law enforcement agencies are authorized to
provide criminal history record information as defined in the
Illinois Uniform Conviction Information Act and information
maintained in the adjudicatory and dispositional record system
as defined in Section 2605-355 of the Illinois Department of
State Police Law (20 ILCS 2605/2605-355) to properly designated
employees of the Department of Children and Family Services if
the Department determines the information is necessary to
perform its duties under the Abused and Neglected Child
Reporting Act, the Child Care Act of 1969, and the Children and
Family Services Act. The request shall be in the form and
manner required by the Illinois Department of State Police. Any
information obtained by the Department of Children and Family
Services under this Section is confidential and may not be
transmitted outside the Department of Children and Family

SB3642 - 1143 - LRB101 20589 WGH 70218 b
Services other than to a court of competent jurisdiction or
unless otherwise authorized by law. Any employee of the
Department of Children and Family Services who transmits
confidential information in violation of this Section or causes
the information to be transmitted in violation of this Section
is guilty of a Class A misdemeanor unless the transmittal of
the information is authorized by this Section or otherwise
authorized by law.
(f) For purposes of this Section, "child abuse or neglect"
includes abuse or neglect of an adult resident as defined in
this Act.
(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
100-191, eff. 1-1-18; 100-863, eff. 8-14-18; 101-43, eff.
1-1-20.)
(325 ILCS 5/11.1) (from Ch. 23, par. 2061.1)
Sec. 11.1. Access to records.
(a) A person shall have access to the records described in
Section 11 only in furtherance of purposes directly connected
with the administration of this Act or the Intergovernmental
Missing Child Recovery Act of 1984. Those persons and purposes
for access include:
(1) Department staff in the furtherance of their
responsibilities under this Act, or for the purpose of
completing background investigations on persons or
agencies licensed by the Department or with whom the

SB3642 - 1144 - LRB101 20589 WGH 70218 b
Department contracts for the provision of child welfare
services.
(2) A law enforcement agency investigating known or
suspected child abuse or neglect, known or suspected
involvement with child pornography, known or suspected
criminal sexual assault, known or suspected criminal
sexual abuse, or any other sexual offense when a child is
alleged to be involved.
(3) The Illinois Department of State Police when
administering the provisions of the Intergovernmental
Missing Child Recovery Act of 1984.
(4) A physician who has before him a child whom he
reasonably suspects may be abused or neglected.
(5) A person authorized under Section 5 of this Act to
place a child in temporary protective custody when such
person requires the information in the report or record to
determine whether to place the child in temporary
protective custody.
(6) A person having the legal responsibility or
authorization to care for, treat, or supervise a child, or
a parent, prospective adoptive parent, foster parent,
guardian, or other person responsible for the child's
welfare, who is the subject of a report.
(7) Except in regard to harmful or detrimental
information as provided in Section 7.19, any subject of the
report, and if the subject of the report is a minor, his

SB3642 - 1145 - LRB101 20589 WGH 70218 b
guardian or guardian ad litem.
(8) A court, upon its finding that access to such
records may be necessary for the determination of an issue
before such court; however, such access shall be limited to
in camera inspection, unless the court determines that
public disclosure of the information contained therein is
necessary for the resolution of an issue then pending
before it.
(8.1) A probation officer or other authorized
representative of a probation or court services department
conducting an investigation ordered by a court under the
Juvenile Court Act of 1987.
(9) A grand jury, upon its determination that access to
such records is necessary in the conduct of its official
business.
(10) Any person authorized by the Director, in writing,
for audit or bona fide research purposes.
(11) Law enforcement agencies, coroners or medical
examiners, physicians, courts, school superintendents and
child welfare agencies in other states who are responsible
for child abuse or neglect investigations or background
investigations.
(12) The Department of Professional Regulation, the
State Board of Education and school superintendents in
Illinois, who may use or disclose information from the
records as they deem necessary to conduct investigations or

SB3642 - 1146 - LRB101 20589 WGH 70218 b
take disciplinary action, as provided by law.
(13) A coroner or medical examiner who has reason to
believe that a child has died as the result of abuse or
neglect.
(14) The Director of a State-operated facility when an
employee of that facility is the perpetrator in an
indicated report.
(15) The operator of a licensed child care facility or
a facility licensed by the Department of Human Services (as
successor to the Department of Alcoholism and Substance
Abuse) in which children reside when a current or
prospective employee of that facility is the perpetrator in
an indicated child abuse or neglect report, pursuant to
Section 4.3 of the Child Care Act of 1969.
(16) Members of a multidisciplinary team in the
furtherance of its responsibilities under subsection (b)
of Section 7.1. All reports concerning child abuse and
neglect made available to members of such
multidisciplinary teams and all records generated as a
result of such reports shall be confidential and shall not
be disclosed, except as specifically authorized by this Act
or other applicable law. It is a Class A misdemeanor to
permit, assist or encourage the unauthorized release of any
information contained in such reports or records. Nothing
contained in this Section prevents the sharing of reports
or records relating or pertaining to the death of a minor

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under the care of or receiving services from the Department
of Children and Family Services and under the jurisdiction
of the juvenile court with the juvenile court, the State's
Attorney, and the minor's attorney.
(17) The Department of Human Services, as provided in
Section 17 of the Rehabilitation of Persons with
Disabilities Act.
(18) Any other agency or investigative body, including
the Department of Public Health and a local board of
health, authorized by State law to conduct an investigation
into the quality of care provided to children in hospitals
and other State regulated care facilities.
(19) The person appointed, under Section 2-17 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is the subject of a report or records under this
Act; or the person appointed, under Section 5-610 of the
Juvenile Court Act of 1987, as the guardian ad litem of a
minor who is in the custody or guardianship of the
Department or who has an open intact family services case
with the Department and who is the subject of a report or
records made pursuant to this Act.
(20) The Department of Human Services, as provided in
Section 10 of the Early Intervention Services System Act,
and the operator of a facility providing early intervention
services pursuant to that Act, for the purpose of
determining whether a current or prospective employee who

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provides or may provide direct services under that Act is
the perpetrator in an indicated report of child abuse or
neglect filed under this Act.
(b) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(c) To the extent that persons or agencies are given access
to information pursuant to this Section, those persons or
agencies may give this information to and receive this
information from each other in order to facilitate an
investigation conducted by those persons or agencies.
(Source: P.A. 100-158, eff. 1-1-18; 101-43, eff. 1-1-20.)
Section 760. The Intergovernmental Missing Child Recovery
Act of 1984 is amended by changing Sections 2, 3, 3.5, 3.6, 6,
and 7 as follows:
(325 ILCS 40/2) (from Ch. 23, par. 2252)
Sec. 2. As used in this Act:
(a) (Blank). "Department" means the Department of State
Police.
(b) "Director" means the Director of the Illinois
Department of State Police.

SB3642 - 1149 - LRB101 20589 WGH 70218 b
(c) "Unit of local government" is defined as in Article
VII, Section 1 of the Illinois Constitution and includes both
home rule units and units which are not home rule units. The
term is also defined to include all public school districts
subject to the provisions of the School Code.
(d) "Child" means a person under 21 years of age.
(e) A "LEADS terminal" is an interactive computerized
communication and processing unit which permits a direct
on-line communication with the Illinois Department of State
Police's central data repository, the Law Enforcement Agencies
Data System (LEADS).
(f) A "primary contact agency" means a law enforcement
agency which maintains a LEADS terminal, or has immediate
access to one on a 24-hour-per-day, 7-day-per-week basis by
written agreement with another law enforcement agency.
(g) (Blank).
(h) "Missing child" means any person under 21 years of age
whose whereabouts are unknown to his or her parents or legal
guardian.
(i) "Exploitation" means activities and actions which
include, but are not limited to, child pornography, aggravated
child pornography, child prostitution, child sexual abuse,
drug and substance abuse by children, and child suicide.
(j) (Blank).
(Source: P.A. 96-1551, eff. 7-1-11; 97-938, eff. 1-1-13.)

SB3642 - 1150 - LRB101 20589 WGH 70218 b
(325 ILCS 40/3) (from Ch. 23, par. 2253)
Sec. 3. The Illinois State Police Department shall
establish a State Missing Persons Clearinghouse as a resource
to promote an immediate and effective community response to
missing children and may engage in, but shall not be limited
to, the following activities:
(a) To establish and conduct programs to educate parents,
children and communities in ways to prevent the abduction of
children.
(b) To conduct training programs and distribute materials
providing guidelines for children when dealing with strangers,
casual acquaintances, or non-custodial parents, in order to
avoid abduction or kidnapping situations.
(c) To compile, maintain and make available data upon the
request of law enforcement agencies and other entities deemed
appropriate by the Illinois State Police Department to assist
enforcement agencies in recovering missing children, including
but not limited to data regarding the places of shelter
commonly used by runaway children in a requested geographical
area.
(d) To draft and implement plans for the most efficient use
of available resources to publicize information regarding
missing children.
(e) To establish and maintain contacts with other state
missing persons clearinghouses, law enforcement agencies, and
missing persons non-profit organizations in order to increase

SB3642 - 1151 - LRB101 20589 WGH 70218 b
the probability of locating and returning missing children, and
to otherwise assist in the recovery and tracking of missing
children.
(f) To coordinate the tracking and recovery of children
under the custody or guardianship of the Department of Children
and Family Services whose disappearance has been reported and
to produce an annual report indicating the number of children
under the custody or guardianship of that Department who have
been reported missing and the number who have been recovered.
(g) To conduct other activities as may be necessary to
achieve the goals established by this Act.
(Source: P.A. 97-938, eff. 1-1-13.)
(325 ILCS 40/3.5)
Sec. 3.5. Contact with Department of Children and Family
Services. For each child reported missing and entered into the
LEADS network, the Illinois State Police Department shall, in
the form and manner it determines, contact the Department of
Children and Family Services to provide it with the name, age,
and sex of the child, and the geographic area from which the
child was reported missing so that the Department of Children
and Family Services can determine if that child had been
abandoned within the previous 2 months.
(Source: P.A. 97-938, eff. 1-1-13.)
(325 ILCS 40/3.6)

SB3642 - 1152 - LRB101 20589 WGH 70218 b
Sec. 3.6. Department of Children and Family Services;
missing persons. The Illinois State Police Department shall
develop and conduct a training advisory for LEADS reporting of
missing persons when the missing individual, regardless of age,
is under the care and legal custody of the Department of
Children and Family Services.
(Source: P.A. 99-351, eff. 1-1-16.)
(325 ILCS 40/6) (from Ch. 23, par. 2256)
Sec. 6. The Illinois State Police Department shall:
(a) Establish and maintain a statewide Law Enforcement
Agencies Data System (LEADS) for the purpose of effecting an
immediate law enforcement response to reports of missing
children. The Illinois State Police Department shall implement
an automated data exchange system to compile, to maintain and
to make available for dissemination to Illinois and
out-of-State law enforcement agencies, data which can assist
appropriate agencies in recovering missing children.
(b) Establish contacts and exchange information regarding
lost, missing or runaway children with nationally recognized
"missing person and runaway" service organizations and monitor
national research and publicize important developments.
(c) Provide a uniform reporting format for the entry of
pertinent information regarding reports of missing children
into LEADS.
(d) Develop and implement a policy whereby a statewide or

SB3642 - 1153 - LRB101 20589 WGH 70218 b
regional alert would be used in situations relating to the
disappearances of children, based on criteria and in a format
established by the Illinois State Police Department. Such a
format shall include, but not be limited to, the age and
physical description of the missing child and the suspected
circumstances of the disappearance.
(e) Notify all law enforcement agencies that reports of
missing persons shall be entered as soon as the minimum level
of data specified by the Illinois State Police Department is
available to the reporting agency and that no waiting period
for entry of such data exists.
(f) Provide a procedure for prompt confirmation of the
receipt and entry of the missing child report into LEADS to the
parent or guardian of the missing child.
(g) Compile and retain information regarding missing
children in a separate data file, in a manner that allows such
information to be used by law enforcement and other agencies
deemed appropriate by the Director, for investigative
purposes. Such files shall be updated to reflect and include
information relating to the disposition of the case.
(h) Compile and maintain an historic data repository
relating to missing children in order (1) to develop and
improve techniques utilized by law enforcement agencies when
responding to reports of missing children and (2) to provide a
factual and statistical base for research that would address
the problem of missing children.

SB3642 - 1154 - LRB101 20589 WGH 70218 b
(i) Create a quality control program to monitor timeliness
of entries of missing children reports into LEADS and conduct
performance audits of all entering agencies.
(j) Prepare a periodic information bulletin concerning
missing children who it determines may be present in this
State, compiling such bulletin from information contained in
both the National Crime Information Center computer and from
reports, alerts and other information entered into LEADS or
otherwise compiled and retained by the Illinois State Police
Department pursuant to this Act. The bulletin shall indicate
the name, age, physical description, suspected circumstances
of disappearance if that information is available, a photograph
if one is available, the name of the law enforcement agency
investigating the case, and such other information as the
Director considers appropriate concerning each missing child
who the Illinois State Police Department determines may be
present in this State. The Illinois State Police Department
shall send a copy of each periodic information bulletin to the
State Board of Education for its use in accordance with Section
2-3.48 of the School Code. The Illinois State Police Department
shall provide a copy of the bulletin, upon request, to law
enforcement agencies of this or any other state or of the
federal government, and may provide a copy of the bulletin,
upon request, to other persons or entities, if deemed
appropriate by the Director, and may establish limitations on
its use and a reasonable fee for so providing the same, except

SB3642 - 1155 - LRB101 20589 WGH 70218 b
that no fee shall be charged for providing the periodic
information bulletin to the State Board of Education,
appropriate units of local government, State agencies, or law
enforcement agencies of this or any other state or of the
federal government.
(k) Provide for the entry into LEADS of the names and
addresses of sex offenders as defined in the Sex Offender
Registration Act who are required to register under that Act.
The information shall be immediately accessible to law
enforcement agencies and peace officers of this State or any
other state or of the federal government. Similar information
may be requested from any other state or of the federal
government for purposes of this Act.
(l) Provide for the entry into LEADS of the names and
addresses of violent offenders against youth as defined in the
Murderer and Violent Offender Against Youth Registration Act
who are required to register under that Act. The information
shall be immediately accessible to law enforcement agencies and
peace officers of this State or any other state or of the
federal government. Similar information may be requested from
any other state or of the federal government for purposes of
this Act.
(Source: P.A. 97-154, eff. 1-1-12.)
(325 ILCS 40/7) (from Ch. 23, par. 2257)
Sec. 7. (a) All law enforcement agencies and policing

SB3642 - 1156 - LRB101 20589 WGH 70218 b
bodies of this State shall, upon receipt of a report of a
missing person, enter that report into LEADS as soon as the
minimum level of data specified pursuant to subsection (e) of
Section 6 is available and shall furnish the Illinois State
Police Department, in the form and detail the Illinois State
Police Department requires, (1) reports of cases of lost,
missing or runaway children as they arise and the disposition
of such cases, (2) information relating to sex crimes which
occurred in their respective jurisdictions and which they
investigated, and (3) the names and addresses of sex offenders
required to register in their respective jurisdictions under
the Sex Offender Registration Act. Such information shall be
submitted on a regular basis, as deemed necessary by the
Illinois State Police Department, and shall be kept in a
central automated data repository for the purpose of
establishing profiles of sex offenders and victims and to
assist all law enforcement agencies in the identification and
apprehension of sex offenders.
(b) In addition to entering the report of a missing child
into LEADS as prescribed by subsection (a), all law enforcement
agencies shall, upon receipt of a report of a missing child:
(1) Immediately make a radio dispatch to officers on
duty at the time of receipt of the report. The dispatch
shall contain the name and approximate age of the missing
child and any other pertinent information available at that
time. In the event that the law enforcement agency

SB3642 - 1157 - LRB101 20589 WGH 70218 b
receiving the report of the missing child does not operate
a radio dispatch system, a geographically appropriate
radio dispatch system shall be used, such as the Illinois
State Police Emergency Radio Network or a similar
multi-agency law enforcement radio communication system
serving the area of the reporting agency.
In addition, in the event that a missing child is not
recovered during the work shift in which the radio dispatch
was made, the law enforcement agency receiving the report
of the missing child shall disseminate the information
relating to the missing child to all sworn personnel
employed by the agency who work or are assigned to other
shifts or time periods.
(2) Immediately contact State Missing Persons
Clearinghouse personnel designated by the Illinois State
Police Department, by a means and in a manner and form
prescribed by the Illinois State Police Department,
informing the personnel of the report of the missing child.
(Source: P.A. 97-938, eff. 1-1-13.)
Section 765. The Missing Children Records Act is amended by
changing Sections 1, 2, 3, 4, and 5 as follows:
(325 ILCS 50/1) (from Ch. 23, par. 2281)
Sec. 1. Definitions. As used in this Act, unless the
context requires otherwise:

SB3642 - 1158 - LRB101 20589 WGH 70218 b
(a) "Custodian" means the State Registrar of Vital Records,
local registrars of vital records appointed by the State
Registrar and county clerks.
(b) (Blank). "Department" means the Illinois Department of
State Police.
(c) "Missing person" means a person 17 years old or younger
reported to any law enforcement authority as abducted, lost or
a runaway.
(d) "Registrar" means the State Registrar of Vital Records.
(Source: P.A. 84-1430.)
(325 ILCS 50/2) (from Ch. 23, par. 2282)
Sec. 2. Illinois State Police Department duties. Upon entry
of a report of a missing person born in Illinois into the Law
Enforcement Agencies Data System (LEADS) established pursuant
to the Intergovernmental Missing Child Recovery Act of 1984,
the Illinois State Police Department shall notify the Registrar
within 5 business days of the disappearance and shall provide
the Registrar with information concerning the identity of the
missing person. Upon entry of a report of a missing person born
in a state other than Illinois into the Law Enforcement
Agencies Data System (LEADS), the Illinois State Police
Department shall notify the registrar, or other state agency
responsible for vital records, in that state within 5 business
days of the disappearance and shall provide such registrar or
other agency with information concerning the identity of the

SB3642 - 1159 - LRB101 20589 WGH 70218 b
missing person.
If the Illinois State Police Department has reason to
believe that a missing person has been enrolled in a specific
Illinois elementary or secondary school, it shall notify the
last such known school as to the disappearance at which time
the school shall flag the missing child's record pursuant to
Section 5.
Upon learning of the recovery of a missing person, the
Illinois State Police Department shall so notify the Registrar
and any school previously informed of the person's
disappearance.
The Illinois State Police Department shall by rule
determine the manner and form of notices and information
required by this Act.
(Source: P.A. 84-1430.)
(325 ILCS 50/3) (from Ch. 23, par. 2283)
Sec. 3. Registrar duties. Upon notification by the Illinois
State Police Department that a person born in this State is
missing, the Registrar shall flag the birth certificate record
of that person in such a manner that whenever a copy of the
birth certificate or information regarding the birth record is
requested, the Registrar shall be alerted to the fact that the
certificate is that of a missing person. The Registrar shall
also notify the appropriate municipality or county custodians
to likewise flag their records. Upon notification by the

SB3642 - 1160 - LRB101 20589 WGH 70218 b
Illinois State Police Department that the missing person has
been recovered, the Registrar shall remove the flag from the
person's birth certificate record and shall notify any other
previously notified municipality or county custodian to remove
the flag from his record.
(Source: P.A. 84-1430.)
(325 ILCS 50/4) (from Ch. 23, par. 2284)
Sec. 4. Custodian duties. (a) In response to any inquiry, a
custodian shall not provide a copy of a birth certificate or
information concerning the birth record of any person whose
record is flagged pursuant to Section 3 except as approved by
the Illinois State Police Department.
(b) When a copy of the birth certificate of a person whose
record has been flagged is requested in person, the custodian's
personnel accepting the request shall immediately notify his
supervisor. The custodian's personnel shall then follow
procedures prescribed by the Illinois State Police Department
to clearly ascertain the identity of the person making the
request, his address and his physical description. Such
procedures shall include requiring the person making the
request to complete a standardized information form and to
present at least one form of photo identification. The
custodian's personnel shall inform the person making the
request that a copy of the certificate shall be mailed to him,
and, upon the latter's departure from the custodian's office,

SB3642 - 1161 - LRB101 20589 WGH 70218 b
his supervisor shall immediately notify the Illinois State
Police Department or the local law enforcement authority as to
the request and the information obtained pursuant to this
subsection. The custodian shall retain the form completed by
the person making the request.
(c) When a copy of the birth certificate of a person whose
record has been flagged is requested in writing, the
custodian's personnel receiving the request shall immediately
notify his supervisor. The supervisor shall immediately notify
the Illinois State Police Department or local law enforcement
authority as to the request and shall provide a copy of the
written request. The custodian shall retain the original
written request.
(Source: P.A. 84-1430.)
(325 ILCS 50/5) (from Ch. 23, par. 2285)
Sec. 5. Duties of school or other entity.
(a) Upon notification by the Illinois State Police
Department of a person's disappearance, a school, preschool
educational program, child care facility, or day care home or
group day care home in which the person is currently or was
previously enrolled shall flag the record of that person in
such a manner that whenever a copy of or information regarding
the record is requested, the school or other entity shall be
alerted to the fact that the record is that of a missing
person. The school or other entity shall immediately report to

SB3642 - 1162 - LRB101 20589 WGH 70218 b
the Illinois State Police Department any request concerning
flagged records or knowledge as to the whereabouts of any
missing person. Upon notification by the Illinois State Police
Department that the missing person has been recovered, the
school or other entity shall remove the flag from the person's
record.
(b) (1) For every child enrolled in a particular elementary
or secondary school, public or private preschool educational
program, public or private child care facility licensed under
the Child Care Act of 1969, or day care home or group day care
home licensed under the Child Care Act of 1969, that school or
other entity shall notify in writing the person enrolling the
child that within 30 days he must provide either (i) a
certified copy of the child's birth certificate or (ii) other
reliable proof, as determined by the Illinois State Police
Department, of the child's identity and age and an affidavit
explaining the inability to produce a copy of the birth
certificate. Other reliable proof of the child's identity and
age shall include a passport, visa or other governmental
documentation of the child's identity. When the person
enrolling the child provides the school or other entity with a
certified copy of the child's birth certificate, the school or
other entity shall promptly make a copy of the certified copy
for its records and return the original certified copy to the
person enrolling the child. Once a school or other entity has
been provided with a certified copy of a child's birth

SB3642 - 1163 - LRB101 20589 WGH 70218 b
certificate as required under item (i) of this subdivision
(b)(1), the school or other entity need not request another
such certified copy with respect to that child for any other
year in which the child is enrolled in that school or other
entity.
(2) Upon the failure of a person enrolling a child to
comply with subsection (b) (1), the school or other entity
shall immediately notify the Illinois State Police Department
or local law enforcement agency of such failure, and shall
notify the person enrolling the child in writing that he has 10
additional days to comply.
(3) The school or other entity shall immediately report to
the Illinois State Police Department any affidavit received
pursuant to this subsection which appears inaccurate or
suspicious in form or content.
(c) Within 14 days after enrolling a transfer student, the
elementary or secondary school shall request directly from the
student's previous school a certified copy of his record. The
requesting school shall exercise due diligence in obtaining the
copy of the record requested. Any elementary or secondary
school requested to forward a copy of a transferring student's
record to the new school shall comply within 10 days of receipt
of the request unless the record has been flagged pursuant to
subsection (a), in which case the copy shall not be forwarded
and the requested school shall notify the Illinois State Police
Department or local law enforcement authority of the request.

SB3642 - 1164 - LRB101 20589 WGH 70218 b
(Source: P.A. 95-439, eff. 1-1-08; 95-793, eff. 8-8-08.)
Section 770. The Missing Children Registration Law is
amended by changing Sections 1, 2, 3, 4, 5, and 6 as follows:
(325 ILCS 55/1) (from Ch. 23, par. 2271)
Sec. 1. Definitions. As used in this Article, unless the
context requires otherwise:
(a) "Custodian" means the State Registrar of Vital Records,
local registrars of vital records appointed by the State
Registrar and county clerks.
(b) (Blank). "Department" means the Illinois Department of
State Police.
(c) "Missing child" means a person under the age of 18
years, reported to any law enforcement authority as abducted,
lost or a runaway, whose identity is entered into the Law
Enforcement Agencies Data System.
(d) "Registrar" means the State Registrar of Vital Records.
(Source: P.A. 84-1279.)
(325 ILCS 55/2) (from Ch. 23, par. 2272)
Sec. 2. Illinois State Police Department duties. Upon entry
of a report of a missing child born in Illinois into the Law
Enforcement Agencies Data System, the Illinois State Police
Department shall notify the Registrar of the disappearance and
shall provide the Registrar with information concerning the

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identity of the missing child.
If the Illinois State Police Department has reason to
believe that a missing child may be enrolled in an Illinois
elementary or secondary school, it shall notify the last such
known school as to the disappearance, at which time the school
shall flag the missing child's record pursuant to Section 5.
Upon learning of the recovery of a missing child, the
Illinois State Police Department shall so notify the Registrar.
The Illinois State Police Department shall by rule
determine the manner and form of notices and information
required by this Article.
(Source: P.A. 84-1279.)
(325 ILCS 55/3) (from Ch. 23, par. 2273)
Sec. 3. Registrar duties. Upon notification by the Illinois
State Police Department that a person under the age of 18 years
who was born in this State is missing, the Registrar shall flag
the birth certificate record of that person in such a manner
that whenever a copy of the birth certificate or information
regarding the birth record is requested, the Registrar shall be
alerted to the fact that the certificate is that of a missing
child. The Registrar shall also notify the appropriate city or
county custodian to likewise flag his records. Upon
notification by the Illinois State Police Department that the
missing child has been recovered, the Registrar shall remove
the flag from the person's birth certificate record and shall

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notify any other previously notified city or county custodian
to remove the flag from his record.
(Source: P.A. 84-1279.)
(325 ILCS 55/4) (from Ch. 23, par. 2274)
Sec. 4. Custodian duties. (a) In response to any inquiry, a
custodian shall not provide a copy of a birth certificate or
information concerning the birth record of any person whose
record is flagged pursuant to Section 3 except as approved by
the Illinois State Police Department.
(b) When a copy of the birth certificate of a person whose
record has been flagged is requested in person, the custodian's
personnel accepting the request shall immediately notify his
supervisor. The person making the request shall complete a form
as prescribed by the Illinois State Police Department, which
may include the name, address, telephone number and social
security number of the person making the request, his or her
relationship to the missing child and the name, address and
birth date of the missing child. The driver's license of the
person making the request, if available, shall be photocopied
and returned to him. He shall be informed that a copy of the
certificate shall be mailed to him. The custodian's personnel
shall note the physical description of the person making the
request, and, upon the latter's departure from the custodian's
office, his supervisor shall immediately notify the local law
enforcement authority as to the request and the information

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obtained pursuant to this subsection. The custodian shall
retain the form completed by the person making the request.
(c) When a copy of the birth certificate of a person whose
record has been flagged is requested in writing, the
custodian's personnel receiving the request shall immediately
notify his supervisor. The supervisor shall immediately notify
the local law enforcement authority as to the request and shall
provide a copy of the written request. The custodian shall
retain the original written request.
(Source: P.A. 84-1279.)
(325 ILCS 55/5) (from Ch. 23, par. 2275)
Sec. 5. School duties. (a) Upon notification by the
Illinois State Police Department of a child's disappearance, a
school in which the child is currently or was previously
enrolled shall flag the record of that child in such a manner
that whenever a copy of or information regarding the record is
requested, the school shall be alerted to the fact that the
record is that of a missing child. The school shall immediately
report to the local law enforcement authority any request
concerning flagged records or knowledge as to the whereabouts
of any missing child. Upon notification by the Illinois State
Police Department that the missing child has been recovered,
the school shall remove the flag from the person's record.
(b) Upon enrollment of a student for the first time in a
particular elementary or secondary school, that school shall

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notify in writing the person enrolling the student that within
30 days he must provide either (1) a certified copy of the
student's birth certificate or (2) other reliable proof, as
determined by the Illinois State Police Department, of the
student's identity and age, and an affidavit explaining the
inability to produce a copy of the birth certificate.
Upon the failure of a person enrolling a student to comply
with this subsection, the school shall immediately notify the
local law enforcement agency and shall also notify the person
enrolling the student in writing that, unless he complies
within 10 days, the case shall be referred to the local law
enforcement authority for investigation. If compliance is not
obtained within that 10 day period, the school shall so refer
the case.
The school shall immediately report to the local law
enforcement authority any affidavit received pursuant to this
subsection which appears inaccurate or suspicious in form or
content.
(c) Within 14 days after enrolling a transfer student, the
elementary or secondary school shall request directly from the
student's previous school a certified copy of his record. The
requesting school shall exercise due diligence in obtaining the
copy of the record requested. Any elementary or secondary
school requested to forward a copy of a transferring student's
record to the new school shall comply within 10 days of receipt
of such request unless the record has been flagged pursuant to

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subsection (a), in which case the copy shall not be forwarded
and the requested school shall notify the local law enforcement
authority of the request.
(Source: P.A. 84-1279.)
(325 ILCS 55/6) (from Ch. 23, par. 2276)
Sec. 6. Local law enforcement duties. Any local law
enforcement authority notified pursuant to this Article of the
request for the birth certificate or school record of or other
information concerning a missing child shall immediately
notify the Illinois State Police Department of such request and
shall investigate the request.
(Source: P.A. 84-1279.)
Section 815. The Mental Health and Developmental
Disabilities Code is amended by changing Sections 6-103.1,
6-103.2, and 6-103.3 as follows:
(405 ILCS 5/6-103.1)
Sec. 6-103.1. Adjudication as a person with a mental
disability. When a person has been adjudicated as a person with
a mental disability as defined in Section 1.1 of the Firearm
Owners Identification Card Act, including, but not limited to,
an adjudication as a person with a disability as defined in
Section 11a-2 of the Probate Act of 1975, the court shall
direct the circuit court clerk to notify the Illinois

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Department of State Police, Firearm Owner's Identification
(FOID) Office, in a form and manner prescribed by the Illinois
Department of State Police, and shall forward a copy of the
court order to the Department no later than 7 days after the
entry of the order. Upon receipt of the order, the Illinois
Department of State Police shall provide notification to the
National Instant Criminal Background Check System.
(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
(405 ILCS 5/6-103.2)
Sec. 6-103.2. Developmental disability; notice. If a
person 14 years old or older is determined to be a person with
a developmental disability by a physician, clinical
psychologist, or qualified examiner, the physician, clinical
psychologist, or qualified examiner shall notify the
Department of Human Services within 7 days of making the
determination that the person has a developmental disability.
The Department of Human Services shall immediately update its
records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Illinois Department of State Police in a form and manner
prescribed by the Illinois Department of State Police.
Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act, nor used for any other

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purpose. The method of providing this information shall
guarantee that the information is not released beyond that
which is necessary for the purpose of this Section and shall be
provided by rule by the Department of Human Services. The
identity of the person reporting under this Section shall not
be disclosed to the subject of the report.
The physician, clinical psychologist, or qualified
examiner making the determination and his or her employer may
not be held criminally, civilly, or professionally liable for
making or not making the notification required under this
Section, except for willful or wanton misconduct.
For purposes of this Section, "developmental disability"
means a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by intellectually disabled persons. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or

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(v) self-direction.
"Determined to be a person with a developmental disability
by a physician, clinical psychologist, or qualified examiner"
means in the professional opinion of the physician, clinical
psychologist, or qualified examiner, a person is diagnosed,
assessed, or evaluated as having a developmental disability.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; 99-642, eff. 7-28-16.)
(405 ILCS 5/6-103.3)
Sec. 6-103.3. Clear and present danger; notice. If a person
is determined to pose a clear and present danger to himself,
herself, or to others by a physician, clinical psychologist, or
qualified examiner, whether employed by the State, by any
public or private mental health facility or part thereof, or by
a law enforcement official or a school administrator, then the
physician, clinical psychologist, qualified examiner shall
notify the Department of Human Services and a law enforcement
official or school administrator shall notify the Illinois
Department of State Police, within 24 hours of making the
determination that the person poses a clear and present danger.
The Department of Human Services shall immediately update its
records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Illinois Department of State Police in a form and manner
prescribed by the Illinois Department of State Police.

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Information disclosed under this Section shall remain
privileged and confidential, and shall not be redisclosed,
except as required under subsection (e) of Section 3.1 of the
Firearm Owners Identification Card Act, nor used for any other
purpose. The method of providing this information shall
guarantee that the information is not released beyond that
which is necessary for the purpose of this Section and shall be
provided by rule by the Department of Human Services. The
identity of the person reporting under this Section shall not
be disclosed to the subject of the report. The physician,
clinical psychologist, qualified examiner, law enforcement
official, or school administrator making the determination and
his or her employer shall not be held criminally, civilly, or
professionally liable for making or not making the notification
required under this Section, except for willful or wanton
misconduct. This Section does not apply to a law enforcement
official, if making the notification under this Section will
interfere with an ongoing or pending criminal investigation.
For the purposes of this Section:
"Clear and present danger" has the meaning ascribed to
it in Section 1.1 of the Firearm Owners Identification Card
Act.
"Determined to pose a clear and present danger to
himself, herself, or to others by a physician, clinical
psychologist, or qualified examiner" means in the
professional opinion of the physician, clinical

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psychologist, or qualified examiner, a person poses a clear
and present danger.
"School administrator" means the person required to
report under the School Administrator Reporting of Mental
Health Clear and Present Danger Determinations Law.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
Section 820. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 5, 6.4, and
9.5 as follows:
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions. In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health
care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual

SB3642 - 1175 - LRB101 20589 WGH 70218 b
within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals and approved pediatric
health care facilities in a community or area to be served,
which provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.
"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and pharmacy
services, rendered within 90 days of the initial visit for
medical forensic services.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced

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practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.
"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital or
an approved pediatric health care facility. "Medical forensic
services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical

SB3642 - 1177 - LRB101 20589 WGH 70218 b
and anogenital examination, assessing the patient for evidence
collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Illinois Department of State Police using the Illinois State
Police Sexual Assault Evidence Collection Kit, if appropriate,
assessing the patient for drug-facilitated or
alcohol-facilitated sexual assault, providing an evaluation of
and care for sexually transmitted infection and human
immunodeficiency virus (HIV), pregnancy risk evaluation and
care, and discharge and follow-up healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
"Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the original
file format.
"Physician" means a person licensed to practice medicine in
all its branches.
"Physician assistant" has the meaning provided in Section 4
of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not

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started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under
Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of
2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or is
substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice

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registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program that
meets the Sexual Assault Nurse Examiner Education Guidelines
established by the International Association of Forensic
Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved
pediatric health care facility, if applicable, in order to
receive medical forensic services.
"Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care

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facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to all sexual assault survivors who present
with a complaint of sexual assault within a minimum of the last
7 days or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the
Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;

SB3642 - 1181 - LRB101 20589 WGH 70218 b
101-81, eff. 7-12-19.)
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for medical forensic services
provided to sexual assault survivors by hospitals and approved
pediatric health care facilities.
(a) Every hospital and approved pediatric health care
facility providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
Beginning January 1, 2022, a qualified medical provider
must provide the services set forth in subsection (a-5).
(a-5) A treatment hospital, a treatment hospital with
approved pediatric transfer, or an approved pediatric health
care facility shall provide the following services in
accordance with subsection (a):
(1) Appropriate medical forensic services without
delay, in a private, age-appropriate or
developmentally-appropriate space, required to ensure the
health, safety, and welfare of a sexual assault survivor
and which may be used as evidence in a criminal proceeding
against a person accused of the sexual assault, in a
proceeding under the Juvenile Court Act of 1987, or in an

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investigation under the Abused and Neglected Child
Reporting Act.
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as part
of the patient's electronic medical record.
Records of medical forensic services of sexual assault
survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical forensic
services of sexual assault survivors 18 years of age or
older shall be retained by the hospital for a period of 20
years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5 of this Act and
other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any sexual assault survivor who
presents within a minimum of the last 7 days of the assault
or who has disclosed past sexual assault by a specific
individual and was in the care of that individual within a
minimum of the last 7 days.

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(A) Appropriate oral and written information
concerning evidence-based guidelines for the
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,
the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of sexual assault within a minimum of
96 hours after the sexual assault.
Before January 1, 2022, the information required
under this subparagraph shall be provided in person by
the health care professional providing medical
forensic services directly to the sexual assault
survivor.
On and after January 1, 2022, the information
required under this subparagraph shall be provided in
person by the qualified medical provider providing
medical forensic services directly to the sexual
assault survivor.
The written information provided shall be the
information created in accordance with Section 10 of
this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in

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accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate oral and written information
concerning the possibility of infection, sexually
transmitted infection, including an evaluation of the
sexual assault survivor's risk of contracting human
immunodeficiency virus (HIV) from sexual assault, and
pregnancy resulting from sexual assault.
(3) Appropriate oral and written information
concerning accepted medical procedures, laboratory tests,
medication, and possible contraindications of such
medication available for the prevention or treatment of
infection or disease resulting from sexual assault.
(3.5) After a medical evidentiary or physical
examination, access to a shower at no cost, unless
showering facilities are unavailable.
(4) An amount of medication, including HIV
prophylaxis, for treatment at the hospital or approved
pediatric health care facility and after discharge as is
deemed appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and

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Prevention guidelines and consistent with the hospital's
or approved pediatric health care facility's current
approved protocol for sexual assault survivors.
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and written
documentation of physical findings and evidence beginning
July 1, 2019. Photo documentation does not replace written
documentation of the injury.
(6) Written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted infection.
(7) Referral by hospital or approved pediatric health
care facility personnel for appropriate counseling.
(8) Medical advocacy services provided by a rape crisis
counselor whose communications are protected under Section
8-802.1 of the Code of Civil Procedure, if there is a
memorandum of understanding between the hospital or
approved pediatric health care facility and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during
the medical forensic examination.
(9) Written information regarding services provided by
a Children's Advocacy Center and rape crisis center, if

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applicable.
(10) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital as
defined in Section 5.4, or an approved pediatric health
care facility shall comply with the rules relating to the
collection and tracking of sexual assault evidence adopted
by the Illinois Department of State Police under Section 50
of the Sexual Assault Evidence Submission Act.
(a-7) By January 1, 2022, every hospital with a treatment
plan approved by the Department shall employ or contract with a
qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the treatment hospital or treatment
hospital with approved pediatric transfer. The provision of
medical forensic services by a qualified medical provider shall
not delay the provision of life-saving medical care.
(b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Medical Procedures Act, the Health Care Surrogate
Act, or other applicable State and federal laws.
(b-5) Every hospital or approved pediatric health care
facility providing medical forensic services to sexual assault

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survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section 5.2
of this Act. The hospital shall make a copy of the voucher and
place it in the medical record of the sexual assault survivor.
The hospital shall provide a copy of the voucher to the sexual
assault survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital or
approved pediatric health care facility.
(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff.
8-16-19.)
(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
Sec. 6.4. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals and approved pediatric health care
facilities that request them, or arranging for such
distribution by the manufacturer of the kits, (2) collection of
the kits from hospitals and approved pediatric health care
facilities after the kits have been used to collect evidence,

SB3642 - 1188 - LRB101 20589 WGH 70218 b
(3) analysis of the collected evidence and conducting of
laboratory tests, (4) maintaining the chain of custody and
safekeeping of the evidence for use in a legal proceeding, and
(5) the comparison of the collected evidence with the genetic
marker grouping analysis information maintained by the
Illinois Department of State Police under Section 5-4-3 of the
Unified Code of Corrections and with the information contained
in the Federal Bureau of Investigation's National DNA database;
provided the amount and quality of genetic marker grouping
results obtained from the evidence in the sexual assault case
meets the requirements of both the Illinois Department of State
Police and the Federal Bureau of Investigation's Combined DNA
Index System (CODIS) policies. The standardized evidence
collection kit for the State of Illinois shall be the Illinois
State Police Sexual Assault Evidence Kit and shall include a
written consent form authorizing law enforcement to test the
sexual assault evidence and to provide law enforcement with
details of the sexual assault.
(a-5) (Blank).
(b) The Illinois State Police shall administer a program to
train hospital and approved pediatric health care facility
personnel participating in the sexual assault evidence
collection program, in the correct use and application of the
sexual assault evidence collection kits. The Department shall
cooperate with the Illinois State Police in this program as it
pertains to medical aspects of the evidence collection.

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(c) (Blank).
(Source: P.A. 99-801, eff. 1-1-17; 100-775, eff. 1-1-19.)
(410 ILCS 70/9.5)
(Section scheduled to be repealed on January 1, 2024)
Sec. 9.5. Sexual Assault Medical Forensic Services
Implementation Task Force.
(a) The Sexual Assault Medical Forensic Services
Implementation Task Force is created to assist hospitals and
approved pediatric health care facilities with the
implementation of the changes made by this amendatory Act of
the l00th General Assembly. The Task Force shall consist of the
following members, who shall serve without compensation:
(1) one member of the Senate appointed by the President
of the Senate, who may designate an alternate member;
(2) one member of the Senate appointed by the Minority
Leader of the Senate, who may designate an alternate
member;
(3) one member of the House of Representatives
appointed by the Speaker of the House of Representatives,
who may designate an alternate member;
(4) one member of the House of Representatives
appointed by the Minority Leader of the House of
Representatives, who may designate an alternate member;
(5) two members representing the Office of the Attorney
General appointed by the Attorney General, one of whom

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shall be the Sexual Assault Nurse Examiner Coordinator for
the State of Illinois;
(6) one member representing the Department of Public
Health appointed by the Director of Public Health;
(7) one member representing the Illinois Department of
State Police appointed by the Director of the Illinois
State Police;
(8) one member representing the Department of
Healthcare and Family Services appointed by the Director of
Healthcare and Family Services;
(9) six members representing hospitals appointed by
the head of a statewide organization representing the
interests of hospitals in Illinois, at least one of whom
shall represent small and rural hospitals and at least one
of these members shall represent urban hospitals;
(10) one member representing physicians appointed by
the head of a statewide organization representing the
interests of physicians in Illinois;
(11) one member representing emergency physicians
appointed by the head of a statewide organization
representing the interests of emergency physicians in
Illinois;
(12) two members representing child abuse
pediatricians appointed by the head of a statewide
organization representing the interests of child abuse
pediatricians in Illinois, at least one of whom shall

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represent child abuse pediatricians providing medical
forensic services in rural locations and at least one of
whom shall represent child abuse pediatricians providing
medical forensic services in urban locations;
(13) one member representing nurses appointed by the
head of a statewide organization representing the
interests of nurses in Illinois;
(14) two members representing sexual assault nurse
examiners appointed by the head of a statewide organization
representing the interests of forensic nurses in Illinois,
at least one of whom shall represent pediatric/adolescent
sexual assault nurse examiners and at least one of these
members shall represent adult/adolescent sexual assault
nurse examiners;
(15) one member representing State's Attorneys
appointed by the head of a statewide organization
representing the interests of State's Attorneys in
Illinois;
(16) three members representing sexual assault
survivors appointed by the head of a statewide organization
representing the interests of sexual assault survivors and
rape crisis centers, at least one of whom shall represent
rural rape crisis centers and at least one of whom shall
represent urban rape crisis centers; and
(17) one member representing children's advocacy
centers appointed by the head of a statewide organization

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representing the interests of children's advocacy centers
in Illinois.
The members representing the Office of the Attorney General
and the Department of Public Health shall serve as
co-chairpersons of the Task Force. The Office of the Attorney
General shall provide administrative and other support to the
Task Force.
(b) The first meeting of the Task Force shall be called by
the co-chairpersons no later than 90 days after the effective
date of this Section.
(c) The goals of the Task Force shall include, but not be
limited to, the following:
(1) to facilitate the development of areawide
treatment plans among hospitals and pediatric health care
facilities;
(2) to facilitate the development of on-call systems of
qualified medical providers and assist hospitals with the
development of plans to employ or contract with a qualified
medical provider to initiate medical forensic services to a
sexual assault survivor within 90 minutes of the patient
presenting to the hospital as required in subsection (a-7)
of Section 5;
(3) to identify photography and storage options for
hospitals to comply with the photo documentation
requirements in Sections 5 and 5.1;
(4) to develop a model written agreement for use by

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rape crisis centers, hospitals, and approved pediatric
health care facilities with sexual assault treatment plans
to comply with subsection (c) of Section 2;
(5) to develop and distribute educational information
regarding the implementation of this Act to hospitals,
health care providers, rape crisis centers, children's
advocacy centers, State's Attorney's offices;
(6) to examine the role of telemedicine in the
provision of medical forensic services under this Act and
to develop recommendations for statutory change and
standards and procedures for the use of telemedicine to be
adopted by the Department;
(7) to seek inclusion of the International Association
of Forensic Nurses Sexual Assault Nurse Examiner Education
Guidelines for nurses within the registered nurse training
curriculum in Illinois nursing programs and the American
College of Emergency Physicians Management of the Patient
with the Complaint of Sexual Assault for emergency
physicians within the Illinois residency training
curriculum for emergency physicians; and
(8) to submit a report to the General Assembly by
January 1, 2023 regarding the status of implementation of
this amendatory Act of the 100th General Assembly,
including, but not limited to, the impact of transfers to
out-of-state hospitals on sexual assault survivors and the
availability of treatment hospitals in Illinois; the

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report to the General Assembly shall be filed with the
Clerk of the House of Representatives and the Secretary of
the Senate in electronic form only, in the manner that the
Clerk and the Secretary shall direct.
(d) This Section is repealed on January 1, 2024.
(Source: P.A. 100-775, eff. 8-10-18.)
Section 825. The Smoke Free Illinois Act is amended by
changing Sections 40 and 45 as follows:
(410 ILCS 82/40)
Sec. 40. Enforcement; complaints.
(a) The Department, State-certified local public health
departments, and local, Department of Natural Resources, and
Illinois Department of State Police law enforcement agencies
shall enforce the provisions of this Act through the issuance
of citations and may assess civil penalties pursuant to Section
45 of this Act.
(a-2) The citations issued pursuant to this Act shall
conspicuously include the following:
(1) the name of the offense and its statutory
reference;
(2) the nature and elements of the violation;
(3) the date and location of the violation;
(4) the name of the enforcing agency;
(5) the name of the violator;

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(6) the amount of the imposed civil penalty and the
location where the violator can pay the civil penalty
without objection;
(7) the address and phone number of the enforcing
agency where the violator can request a hearing before the
Department to contest the imposition of the civil penalty
imposed by the citation under the rules and procedures of
the Illinois Administrative Procedure Act;
(8) the time period in which to pay the civil penalty
or to request a hearing to contest the imposition of the
civil penalty imposed by the citation; and
(9) the verified signature of the person issuing the
citation.
(a-3) One copy of the citation shall be provided to the
violator, one copy shall be retained by the enforcing agency,
and one copy shall be provided to the entity otherwise
authorized by the enforcing agency to receive civil penalties
on their behalf.
(b) Any person may register a complaint with the
Department, a State-certified local public health department,
or a law enforcement agency for a violation of this Act. The
Department shall establish a telephone number that a person may
call to register a complaint under this subsection (b).
(c) The Department shall afford a violator the opportunity
to pay the civil penalty without objection or to contest the
citation in accordance with the Illinois Administrative

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Procedure Act, except that in case of a conflict between the
Illinois Administrative Procedure Act and this Act, the
provisions of this Act shall control.
(d) Upon receipt of a request for hearing to contest the
imposition of a civil penalty imposed by a citation, the
enforcing agency shall immediately forward a copy of the
citation and notice of the request for hearing to the
Department for initiation of a hearing conducted in accordance
with the Illinois Administrative Procedure Act and the rules
established thereto by the Department applicable to contested
cases, except that in case of a conflict between the Illinois
Administrative Procedure Act and this Act, the provisions of
this Act shall control. Parties to the hearing shall be the
enforcing agency and the violator.
The Department shall notify the violator in writing of the
time, place, and location of the hearing. The hearing shall be
conducted at the nearest regional office of the Department, or
in a location contracted by the Department in the county where
the citation was issued.
(e) Civil penalties imposed under this Act may be collected
in accordance with all methods otherwise available to the
enforcing agency or the Department, except that there shall be
no collection efforts during the pendency of the hearing before
the Department.
(f) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the

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rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 100-877, eff. 1-1-19.)
(410 ILCS 82/45)
Sec. 45. Violations.
(a) A person, corporation, partnership, association or
other entity who violates Section 15 or 20 of this Act shall be
liable for a civil penalty pursuant to this Section. Each day
that a violation occurs is a separate violation.
(b) A person who smokes in an area where smoking is
prohibited under Section 15 of this Act shall be liable for a
civil penalty in an amount that is $100 for a first offense and
$250 for each subsequent offense. A person who owns, operates,
or otherwise controls a public place or place of employment
that violates Section 15 or 20 of this Act shall be liable for
a civil penalty of (i) $250 for the first violation, (ii) $500
for the second violation within one year after the first
violation, and (iii) $2,500 for each additional violation
within one year after the first violation.
(c) A civil penalty imposed under this Section shall be
allocated as follows:
(1) one-half of the civil penalty shall be distributed

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to the Department; and
(2) one-half of the civil penalty shall be distributed
to the enforcing agency.
With respect to funds designated for the Illinois
Department of State Police under this subsection, the Illinois
Department of State Police shall deposit the moneys into the
State Police Operations Assistance Fund. With respect to funds
designated for the Department of Natural Resources under this
subsection, the Department of Natural Resources shall deposit
the moneys into the Conservation Police Operations Assistance
Fund.
(d) Rulemaking authority to implement this amendatory Act
of the 95th General Assembly, if any, is conditioned on the
rules being adopted in accordance with all provisions of the
Illinois Administrative Procedure Act and all rules and
procedures of the Joint Committee on Administrative Rules; any
purported rule not so adopted, for whatever reason, is
unauthorized.
(Source: P.A. 100-877, eff. 1-1-19.)
Section 830. The Compassionate Use of Medical Cannabis
Pilot Program Act is amended by changing Sections 85, 95, 100,
105, 145, 150, and 180 as follows:
(410 ILCS 130/85)
Sec. 85. Issuance and denial of medical cannabis

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cultivation permit.
(a) The Department of Agriculture may register up to 22
cultivation center registrations for operation. The Department
of Agriculture may not issue more than one registration per
each Illinois State Police District boundary as specified on
the date of January 1, 2013. The Department of Agriculture may
not issue less than the 22 registrations if there are qualified
applicants who have applied with the Department.
(b) The registrations shall be issued and renewed annually
as determined by administrative rule.
(c) The Department of Agriculture shall determine a
registration fee by rule.
(d) A cultivation center may only operate if it has been
issued a valid registration from the Department of Agriculture.
When applying for a cultivation center registration, the
applicant shall submit the following in accordance with
Department of Agriculture rules:
(1) the proposed legal name of the cultivation center;
(2) the proposed physical address of the cultivation
center and description of the enclosed, locked facility as
it applies to cultivation centers where medical cannabis
will be grown, harvested, manufactured, packaged, or
otherwise prepared for distribution to a dispensing
organization;
(3) the name, address, and date of birth of each
principal officer and board member of the cultivation

SB3642 - 1200 - LRB101 20589 WGH 70218 b
center, provided that all those individuals shall be at
least 21 years of age;
(4) any instance in which a business that any of the
prospective board members of the cultivation center had
managed or served on the board of the business and was
convicted, fined, censured, or had a registration or
license suspended or revoked in any administrative or
judicial proceeding;
(5) cultivation, inventory, and packaging plans;
(6) proposed operating by-laws that include procedures
for the oversight of the cultivation center, development
and implementation of a plant monitoring system, medical
cannabis container tracking system, accurate record
keeping, staffing plan, and security plan reviewed by the
Illinois State Police that are in accordance with the rules
issued by the Department of Agriculture under this Act. A
physical inventory shall be performed of all plants and
medical cannabis containers on a weekly basis;
(7) experience with agricultural cultivation
techniques and industry standards;
(8) any academic degrees, certifications, or relevant
experience with related businesses;
(9) the identity of every person, association, trust,
or corporation having any direct or indirect pecuniary
interest in the cultivation center operation with respect
to which the registration is sought. If the disclosed

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entity is a trust, the application shall disclose the names
and addresses of the beneficiaries; if a corporation, the
names and addresses of all stockholders and directors; if a
partnership, the names and addresses of all partners, both
general and limited;
(10) verification from the Illinois State Police that
all background checks of the principal officer, board
members, and registered agents have been conducted and
those individuals have not been convicted of an excluded
offense;
(11) provide a copy of the current local zoning
ordinance to the Department of Agriculture and verify that
proposed cultivation center is in compliance with the local
zoning rules issued in accordance with Section 140;
(12) an application fee set by the Department of
Agriculture by rule; and
(13) any other information required by Department of
Agriculture rules, including, but not limited to a
cultivation center applicant's experience with the
cultivation of agricultural or horticultural products,
operating an agriculturally related business, or operating
a horticultural business.
(e) An application for a cultivation center permit must be
denied if any of the following conditions are met:
(1) the applicant failed to submit the materials
required by this Section, including if the applicant's

SB3642 - 1202 - LRB101 20589 WGH 70218 b
plans do not satisfy the security, oversight, inventory, or
recordkeeping rules issued by the Department of
Agriculture;
(2) the applicant would not be in compliance with local
zoning rules issued in accordance with Section 140;
(3) one or more of the prospective principal officers
or board members has been convicted of an excluded offense;
(4) one or more of the prospective principal officers
or board members has served as a principal officer or board
member for a registered dispensing organization or
cultivation center that has had its registration revoked;
(5) one or more of the principal officers or board
members is under 21 years of age;
(6) a principal officer or board member of the
cultivation center has been convicted of a felony under the
laws of this State, any other state, or the United States;
(7) a principal officer or board member of the
cultivation center has been convicted of any violation of
Article 28 of the Criminal Code of 2012, or substantially
similar laws of any other jurisdiction; or
(8) the person has submitted an application for a
certificate under this Act which contains false
information.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/95)

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Sec. 95. Background checks.
(a) The Department of Agriculture through the Illinois
Department of State Police shall conduct a background check of
the prospective cultivation center agents. The Illinois
Department of State Police shall charge a fee for conducting
the criminal history record check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual
cost of the record check. In order to carry out this provision,
each person applying as a cultivation center agent shall submit
a full set of fingerprints to the Illinois Department of State
Police for the purpose of obtaining a State and federal
criminal records check. These fingerprints shall be checked
against the fingerprint records now and hereafter, to the
extent allowed by law, filed in the Illinois Department of
State Police and Federal Bureau of Investigation criminal
history records databases. The Illinois Department of State
Police shall furnish, following positive identification, all
Illinois conviction information to the Department of
Agriculture.
(b) When applying for the initial permit, the background
checks for the principal officer, board members, and registered
agents shall be completed prior to submitting the application
to the Department of Agriculture.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
(410 ILCS 130/100)

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Sec. 100. Cultivation center agent identification card.
(a) The Department of Agriculture shall:
(1) verify the information contained in an application
or renewal for a cultivation center identification card
submitted under this Act, and approve or deny an
application or renewal, within 30 days of receiving a
completed application or renewal application and all
supporting documentation required by rule;
(2) issue a cultivation center agent identification
card to a qualifying agent within 15 business days of
approving the application or renewal;
(3) enter the registry identification number of the
cultivation center where the agent works; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that
an application has been submitted.
(b) A cultivation center agent must keep his or her
identification card visible at all times when on the property
of a cultivation center and during the transportation of
medical cannabis to a registered dispensary organization.
(c) The cultivation center agent identification cards
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of
cultivation center agent identification cards;
(3) a random 10 digit alphanumeric identification

SB3642 - 1205 - LRB101 20589 WGH 70218 b
number containing at least 4 numbers and at least 4
letters; that is unique to the holder; and
(4) a photograph of the cardholder.
(d) The cultivation center agent identification cards
shall be immediately returned to the cultivation center upon
termination of employment.
(e) Any card lost by a cultivation center agent shall be
reported to the Illinois State Police and the Department of
Agriculture immediately upon discovery of the loss.
(f) An applicant shall be denied a cultivation center agent
identification card if he or she has been convicted of an
excluded offense.
(Source: P.A. 98-122, eff. 1-1-14.)
(410 ILCS 130/105)
Sec. 105. Requirements; prohibitions; penalties for
cultivation centers.
(a) The operating documents of a registered cultivation
center shall include procedures for the oversight of the
cultivation center, a cannabis plant monitoring system
including a physical inventory recorded weekly, a cannabis
container system including a physical inventory recorded
weekly, accurate record keeping, and a staffing plan.
(b) A registered cultivation center shall implement a
security plan reviewed by the Illinois State Police and
including but not limited to: facility access controls,

SB3642 - 1206 - LRB101 20589 WGH 70218 b
perimeter intrusion detection systems, personnel
identification systems, 24-hour surveillance system to monitor
the interior and exterior of the registered cultivation center
facility and accessible to authorized law enforcement and the
Department of Agriculture in real-time.
(c) A registered cultivation center may not be located
within 2,500 feet of the property line of a pre-existing public
or private preschool or elementary or secondary school or day
care center, day care home, group day care home, part day child
care facility, or an area zoned for residential use.
(d) All cultivation of cannabis for distribution to a
registered dispensing organization must take place in an
enclosed, locked facility as it applies to cultivation centers
at the physical address provided to the Department of
Agriculture during the registration process. The cultivation
center location shall only be accessed by the cultivation
center agents working for the registered cultivation center,
Department of Agriculture staff performing inspections,
Department of Public Health staff performing inspections, law
enforcement or other emergency personnel, and contractors
working on jobs unrelated to medical cannabis, such as
installing or maintaining security devices or performing
electrical wiring.
(e) A cultivation center may not sell or distribute any
cannabis to any individual or entity other than another
cultivation center, a dispensing organization registered under

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this Act, or a laboratory licensed by the Department of
Agriculture.
(f) All harvested cannabis intended for distribution to a
dispensing organization must be packaged in a labeled medical
cannabis container and entered into a data collection system.
(g) No person who has been convicted of an excluded offense
may be a cultivation center agent.
(h) Registered cultivation centers are subject to random
inspection by the Illinois State Police.
(i) Registered cultivation centers are subject to random
inspections by the Department of Agriculture and the Department
of Public Health.
(j) A cultivation center agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in-person, or by
written or electronic communication.
(k) A cultivation center shall comply with all State and
federal rules and regulations regarding the use of pesticides.
(Source: P.A. 101-363, eff. 8-9-19.)
(410 ILCS 130/145)
Sec. 145. Confidentiality.
(a) The following information received and records kept by
the Department of Public Health, Department of Financial and
Professional Regulation, Department of Agriculture, or

SB3642 - 1208 - LRB101 20589 WGH 70218 b
Illinois Department of State Police for purposes of
administering this Act are subject to all applicable federal
privacy laws, confidential, and exempt from the Freedom of
Information Act, and not subject to disclosure to any
individual or public or private entity, except as necessary for
authorized employees of those authorized agencies to perform
official duties under this Act and the following information
received and records kept by Department of Public Health,
Department of Agriculture, Department of Financial and
Professional Regulation, and Illinois Department of State
Police, excluding any existing or non-existing Illinois or
national criminal history record information as defined in
subsection (d), may be disclosed to each other upon request:
(1) Applications and renewals, their contents, and
supporting information submitted by qualifying patients
and designated caregivers, including information regarding
their designated caregivers and certifying health care
professionals.
(2) Applications and renewals, their contents, and
supporting information submitted by or on behalf of
cultivation centers and dispensing organizations in
compliance with this Act, including their physical
addresses.
(3) The individual names and other information
identifying persons to whom the Department of Public Health
has issued registry identification cards.

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(4) Any dispensing information required to be kept
under Section 135, Section 150, or Department of Public
Health, Department of Agriculture, or Department of
Financial and Professional Regulation rules shall identify
cardholders and registered cultivation centers by their
registry identification numbers and medical cannabis
dispensing organizations by their registration number and
not contain names or other personally identifying
information.
(5) All medical records provided to the Department of
Public Health in connection with an application for a
registry card.
(b) Nothing in this Section precludes the following:
(1) Department of Agriculture, Department of Financial
and Professional Regulation, or Public Health employees
may notify law enforcement about falsified or fraudulent
information submitted to the Departments if the employee
who suspects that falsified or fraudulent information has
been submitted conferred with his or her supervisor and
both agree that circumstances exist that warrant
reporting.
(2) If the employee conferred with his or her
supervisor and both agree that circumstances exist that
warrant reporting, Department of Public Health employees
may notify the Department of Financial and Professional
Regulation if there is reasonable cause to believe a

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certifying health care professional:
(A) issued a written certification without a bona
fide health care professional-patient relationship
under this Act;
(B) issued a written certification to a person who
was not under the certifying health care
professional's care for the debilitating medical
condition; or
(C) failed to abide by the acceptable and
prevailing standard of care when evaluating a
patient's medical condition.
(3) The Department of Public Health, Department of
Agriculture, and Department of Financial and Professional
Regulation may notify State or local law enforcement about
apparent criminal violations of this Act if the employee
who suspects the offense has conferred with his or her
supervisor and both agree that circumstances exist that
warrant reporting.
(4) Medical cannabis cultivation center agents and
medical cannabis dispensing organizations may notify the
Department of Public Health, Department of Financial and
Professional Regulation, or Department of Agriculture of a
suspected violation or attempted violation of this Act or
the rules issued under it.
(5) Each Department may verify registry identification
cards under Section 150.

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(6) The submission of the report to the General
Assembly under Section 160.
(c) It is a Class B misdemeanor with a $1,000 fine for any
person, including an employee or official of the Department of
Public Health, Department of Financial and Professional
Regulation, or Department of Agriculture or another State
agency or local government, to breach the confidentiality of
information obtained under this Act.
(d) The Department of Public Health, the Department of
Agriculture, the Illinois Department of State Police, and the
Department of Financial and Professional Regulation shall not
share or disclose any existing or non-existing Illinois or
national criminal history record information. For the purposes
of this Section, "any existing or non-existing Illinois or
national criminal history record information" means any
Illinois or national criminal history record information,
including but not limited to the lack of or non-existence of
these records.
(Source: P.A. 101-363, eff. 8-9-19.)
(410 ILCS 130/150)
Sec. 150. Registry identification and registration
certificate verification.
(a) The Department of Public Health shall maintain a
confidential list of the persons to whom the Department of
Public Health has issued registry identification cards and

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their addresses, phone numbers, and registry identification
numbers. This confidential list may not be combined or linked
in any manner with any other list or database except as
provided in this Section.
(b) Within 180 days of the effective date of this Act, the
Department of Public Health, Department of Financial and
Professional Regulation, and Department of Agriculture shall
together establish a computerized database or verification
system. The database or verification system must allow law
enforcement personnel and medical cannabis dispensary
organization agents to determine whether or not the
identification number corresponds with a current, valid
registry identification card. The system shall only disclose
whether the identification card is valid, whether the
cardholder is a registered qualifying patient or a registered
designated caregiver, the registry identification number of
the registered medical cannabis dispensing organization
designated to serve the registered qualifying patient who holds
the card, and the registry identification number of the patient
who is assisted by a registered designated caregiver who holds
the card. The Department of Public Health, the Department of
Agriculture, the Illinois Department of State Police, and the
Department of Financial and Professional Regulation shall not
share or disclose any existing or non-existing Illinois or
national criminal history record information. Notwithstanding
any other requirements established by this subsection, the

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Department of Public Health shall issue registry cards to
qualifying patients, the Department of Financial and
Professional Regulation may issue registration to medical
cannabis dispensing organizations for the period during which
the database is being established, and the Department of
Agriculture may issue registration to medical cannabis
cultivation organizations for the period during which the
database is being established.
(c) For the purposes of this Section, "any existing or
non-existing Illinois or national criminal history record
information" means any Illinois or national criminal history
record information, including but not limited to the lack of or
non-existence of these records.
(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
(410 ILCS 130/180)
Sec. 180. Destruction of medical cannabis.
(a) All cannabis byproduct, scrap, and harvested cannabis
not intended for distribution to a medical cannabis
organization must be destroyed and disposed of pursuant to
State law. Documentation of destruction and disposal shall be
retained at the cultivation center for a period of not less
than 5 years.
(b) A cultivation center shall prior to the destruction,
notify the Department of Agriculture and the Illinois State
Police.

SB3642 - 1214 - LRB101 20589 WGH 70218 b
(c) The cultivation center shall keep record of the date of
destruction and how much was destroyed.
(d) A dispensary organization shall destroy all cannabis,
including cannabis-infused products, that are not sold to
registered qualifying patients. Documentation of destruction
and disposal shall be retained at the dispensary organization
for a period of not less than 5 years.
(e) A dispensary organization shall prior to the
destruction, notify the Department of Financial and
Professional Regulation and the Illinois State Police.
(Source: P.A. 98-122, eff. 1-1-14.)
Section 835. The Vital Records Act is amended by changing
Sections 15.1 and 25.1 as follows:
(410 ILCS 535/15.1) (from Ch. 111 1/2, par. 73-15.1)
Sec. 15.1. (1) The Director of the Illinois Department of
State Police or his designee may obtain a registration of a
fictitious vital record for the purpose and in the manner
prescribed in this Section.
(2) A registration of a fictitious vital record may be
obtained pursuant to this Section only for law enforcement
purposes in providing: (a) witnesses with new identification to
protect them during and following criminal investigations or
proceedings; and (b) law enforcement officers with new
identification to enable them to escape detection while

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performing criminal investigations.
(3) The Director of the Illinois State Police or his
designee may apply to the circuit court on behalf of a person
for an order directing the State Registrar of Vital Records to
establish a fictitious vital record if it is determined by the
Director that normal procedures of investigation or protection
are inadequate or reasonably appear to be unlikely to succeed
if tried or are too dangerous to employ. The court shall fix a
time and place for hearing the application and, if it finds
that the application should be granted, shall order the State
Registrar of Vital Records to establish the vital record
requested. The order shall include the data to be registered,
and shall be delivered in person by the designee of the
Director of the Illinois Department of State Police to the
State Registrar of Vital Records. Upon receipt of such order,
the State Registrar of Vital Records shall establish a vital
record as if such data had been registered pursuant to Section
12 or 18 of this Act or pursuant to Section 210 or 413 of the
Illinois Marriage and Dissolution of Marriage Act.
(4) The general public shall be excluded from any hearing
on an application for an order under this Section and only
persons, including representatives of agencies, who in the
opinion of the court have a direct interest in the matter of
the application shall be admitted to the hearing.
(5) The court's file relating to any proceeding under this
Section shall be impounded by the clerk of the court and shall

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be opened for examination only upon specific order of the
court, which order shall name the person or persons who are to
be permitted to examine such file. Certified copies of any
paper or document contained in any file so impounded shall be
made only on like order.
(6) Any documentation concerning a vital record registered
pursuant to this Section, including any court order entered
under subsection (3), maintained by the Illinois Department of
State Police or by the State Registrar of Vital Records shall
be sealed. Such documentation maintained by the Registrar of
Vital Records shall be opened for examination only upon
specific order of the court, which order shall name the person
or persons who are to be permitted to examine such file. Such
documentation maintained by the Illinois Department of State
Police shall be opened for examination only upon the written
permission of the Director of that Department or his designee.
(7) The Registrar of Vital Records shall immediately notify
the Director of the Illinois Department of State Police or his
designee upon receiving any request for a copy of or
information concerning any vital record registered pursuant to
this Section.
(8) If the court order directing the State Registrar of
Vital Records to establish a fictitious vital record does not
specify a time for the destruction or elimination of such vital
record, the fictitious vital record shall be destroyed or
eliminated at the conclusion of the investigation or when the

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Director of the Illinois Department of State Police determines
that such record is no longer necessary. After the destruction
of such record, the Director of the Illinois Department of
State Police shall so notify the court which entered the order
directing the establishment of the fictitious vital record.
(Source: P.A. 85-829.)
(410 ILCS 535/25.1) (from Ch. 111 1/2, par. 73-25.1)
Sec. 25.1. (a) When the State Registrar of Vital Records
receives or prepares a death certificate the Registrar shall
make an appropriate notation in the birth certificate record of
that person that the person is deceased. The Registrar shall
also notify the appropriate municipal or county custodian of
such birth record that the person is deceased, and such
custodian shall likewise make an appropriate notation in its
records.
(b) In response to any inquiry, the Registrar or a
custodian shall not provide a copy of a birth certificate or
information concerning the birth record of any deceased person
except as provided in this subsection (b) or as otherwise
provided in this Act or as approved by the Department. When a
copy of the birth certificate of a deceased person is
requested, the Registrar or custodian shall require the person
making the request to complete an information form, which shall
be developed and furnished by the Department and shall include,
at a minimum, the name, address, telephone number, social

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security number and driver's license number of the person
making the request. Before furnishing the copy, the custodian
shall prominently stamp on the copy the word "DECEASED" and
write or stamp on the copy the date of death of the deceased
person. The custodian shall retain the information form
completed by the person making the request, and note on the
birth certificate record that such a request was made. The
custodian shall make the information form available to the
Illinois Department of State Police or any local law
enforcement agency upon request. A city or county custodian
shall promptly submit copies of all completed forms to the
Registrar. The word "DECEASED" and the date of death shall not
appear on a copy of a birth certificate furnished to a parent
of a child who died within 3 months of birth, provided no other
copy of a birth certificate was furnished to the parent prior
to the child's death.
(c) The Registrar shall furnish, no later than 60 days
after receipt of a form used to request a birth certificate
record of a deceased person, a copy of the form and a copy of
the corresponding birth certificate record to the Department of
Healthcare and Family Services and the Department of Human
Services. The Department of Healthcare and Family Services and
the Department of Human Services shall, upon receipt of such
information, check their records to ensure that no claim for
public assistance under the Illinois Public Aid Code is being
made either by a person purporting to be the deceased person or

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by any person on behalf of the deceased person.
(d) Notwithstanding the requirements of subsection (b),
when the death of a child occurs within 90 days of that child's
live birth, the mother listed on the birth certificate of that
child may request the issuance of a copy of a certificate of
live birth from the State Registrar. Such request shall be made
in accordance with subsection (b), shall indicate the
requestor's relationship to the child, and shall be made not
later than 9 months from the date of the death of the child.
Except as provided herein, the Registrar shall conform to all
requirements of this Act in issuing copies of certificates
under this subsection (d).
(Source: P.A. 94-7, eff. 6-6-05; 95-331, eff. 8-21-07.)
Section 840. The Illinois Food, Drug and Cosmetic Act is
amended by changing Section 3.21 as follows:
(410 ILCS 620/3.21) (from Ch. 56 1/2, par. 503.21)
Sec. 3.21. Except as authorized by this Act, the Illinois
Controlled Substances Act, the Pharmacy Practice Act, the
Dental Practice Act, the Medical Practice Act of 1987, the
Veterinary Medicine and Surgery Practice Act of 2004, the
Podiatric Medical Practice Act of 1987, Section 22-30 of the
School Code, Section 40 of the Illinois State Police Act,
Section 10.19 of the Illinois Police Training Act, or the
Epinephrine Injector Act, to sell or dispense a prescription

SB3642 - 1220 - LRB101 20589 WGH 70218 b
drug without a prescription.
(Source: P.A. 99-78, eff. 7-20-15; 99-711, eff. 1-1-17;
100-799, eff. 1-1-19.)
Section 845. The Cannabis Regulation and Tax Act is amended
by changing Sections 1-10, 5-20, 15-25, 15-30, 15-40, 15-65,
15-75, 15-100, 15-135, 20-15, 20-30, 20-35, 20-40, 25-30,
25-35, 30-10, 30-30, 30-35, 30-40, 35-10, 35-25, 35-30, 40-10,
40-25, 40-30, 40-35, 55-15, 55-30, 55-35, 55-40, 55-50, 55-55,
and 55-80 as follows:
(410 ILCS 705/1-10)
Sec. 1-10. Definitions. In this Act:
"Adult Use Cultivation Center License" means a license
issued by the Department of Agriculture that permits a person
to act as a cultivation center under this Act and any
administrative rule made in furtherance of this Act.
"Adult Use Dispensing Organization License" means a
license issued by the Department of Financial and Professional
Regulation that permits a person to act as a dispensing
organization under this Act and any administrative rule made in
furtherance of this Act.
"Advertise" means to engage in promotional activities
including, but not limited to: newspaper, radio, Internet and
electronic media, and television advertising; the distribution
of fliers and circulars; billboard advertising; and the display

SB3642 - 1221 - LRB101 20589 WGH 70218 b
of window and interior signs. "Advertise" does not mean
exterior signage displaying only the name of the licensed
cannabis business establishment.
"BLS Region" means a region in Illinois used by the United
States Bureau of Labor Statistics to gather and categorize
certain employment and wage data. The 17 such regions in
Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
Rockford, St. Louis, Springfield, Northwest Illinois
nonmetropolitan area, West Central Illinois nonmetropolitan
area, East Central Illinois nonmetropolitan area, and South
Illinois nonmetropolitan area.
"Cannabis" means marijuana, hashish, and other substances
that are identified as including any parts of the plant
Cannabis sativa and including derivatives or subspecies, such
as indica, of all strains of cannabis, whether growing or not;
the seeds thereof, the resin extracted from any part of the
plant; and any compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or resin,
including tetrahydrocannabinol (THC) and all other naturally
produced cannabinol derivatives, whether produced directly or
indirectly by extraction; however, "cannabis" does not include
the mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or

SB3642 - 1222 - LRB101 20589 WGH 70218 b
preparation of the mature stalks (except the resin extracted
from it), fiber, oil or cake, or the sterilized seed of the
plant that is incapable of germination. "Cannabis" does not
include industrial hemp as defined and authorized under the
Industrial Hemp Act. "Cannabis" also means cannabis flower,
concentrate, and cannabis-infused products.
"Cannabis business establishment" means a cultivation
center, craft grower, processing organization, infuser
organization, dispensing organization, or transporting
organization.
"Cannabis concentrate" means a product derived from
cannabis that is produced by extracting cannabinoids,
including tetrahydrocannabinol (THC), from the plant through
the use of propylene glycol, glycerin, butter, olive oil or
other typical cooking fats; water, ice, or dry ice; or butane,
propane, CO2, ethanol, or isopropanol and with the intended use
of smoking or making a cannabis-infused product. The use of any
other solvent is expressly prohibited unless and until it is
approved by the Department of Agriculture.
"Cannabis container" means a sealed, traceable, container,
or package used for the purpose of containment of cannabis or
cannabis-infused product during transportation.
"Cannabis flower" means marijuana, hashish, and other
substances that are identified as including any parts of the
plant Cannabis sativa and including derivatives or subspecies,
such as indica, of all strains of cannabis; including raw kief,

SB3642 - 1223 - LRB101 20589 WGH 70218 b
leaves, and buds, but not resin that has been extracted from
any part of such plant; nor any compound, manufacture, salt,
derivative, mixture, or preparation of such plant, its seeds,
or resin.
"Cannabis-infused product" means a beverage, food, oil,
ointment, tincture, topical formulation, or another product
containing cannabis or cannabis concentrate that is not
intended to be smoked.
"Cannabis paraphernalia" means equipment, products, or
materials intended to be used for planting, propagating,
cultivating, growing, harvesting, manufacturing, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, ingesting, or
otherwise introducing cannabis into the human body.
"Cannabis plant monitoring system" or "plant monitoring
system" means a system that includes, but is not limited to,
testing and data collection established and maintained by the
cultivation center, craft grower, or processing organization
and that is available to the Department of Revenue, the
Department of Agriculture, the Department of Financial and
Professional Regulation, and the Illinois Department of State
Police for the purposes of documenting each cannabis plant and
monitoring plant development throughout the life cycle of a
cannabis plant cultivated for the intended use by a customer
from seed planting to final packaging.
"Cannabis testing facility" means an entity registered by

SB3642 - 1224 - LRB101 20589 WGH 70218 b
the Department of Agriculture to test cannabis for potency and
contaminants.
"Clone" means a plant section from a female cannabis plant
not yet rootbound, growing in a water solution or other
propagation matrix, that is capable of developing into a new
plant.
"Community College Cannabis Vocational Training Pilot
Program faculty participant" means a person who is 21 years of
age or older, licensed by the Department of Agriculture, and is
employed or contracted by an Illinois community college to
provide student instruction using cannabis plants at an
Illinois Community College.
"Community College Cannabis Vocational Training Pilot
Program faculty participant Agent Identification Card" means a
document issued by the Department of Agriculture that
identifies a person as Community College Cannabis Vocational
Training Pilot Program faculty participant.
"Conditional Adult Use Dispensing Organization License"
means a license awarded to top-scoring applicants for an Adult
Use Dispensing Organization License that reserves the right to
an Adult Use Dispensing Organization License if the applicant
meets certain conditions described in this Act, but does not
entitle the recipient to begin purchasing or selling cannabis
or cannabis-infused products.
"Conditional Adult Use Cultivation Center License" means a
license awarded to top-scoring applicants for an Adult Use

SB3642 - 1225 - LRB101 20589 WGH 70218 b
Cultivation Center License that reserves the right to an Adult
Use Cultivation Center License if the applicant meets certain
conditions as determined by the Department of Agriculture by
rule, but does not entitle the recipient to begin growing,
processing, or selling cannabis or cannabis-infused products.
"Craft grower" means a facility operated by an organization
or business that is licensed by the Department of Agriculture
to cultivate, dry, cure, and package cannabis and perform other
necessary activities to make cannabis available for sale at a
dispensing organization or use at a processing organization. A
craft grower may contain up to 5,000 square feet of canopy
space on its premises for plants in the flowering state. The
Department of Agriculture may authorize an increase or decrease
of flowering stage cultivation space in increments of 3,000
square feet by rule based on market need, craft grower
capacity, and the licensee's history of compliance or
noncompliance, with a maximum space of 14,000 square feet for
cultivating plants in the flowering stage, which must be
cultivated in all stages of growth in an enclosed and secure
area. A craft grower may share premises with a processing
organization or a dispensing organization, or both, provided
each licensee stores currency and cannabis or cannabis-infused
products in a separate secured vault to which the other
licensee does not have access or all licensees sharing a vault
share more than 50% of the same ownership.
"Craft grower agent" means a principal officer, board

SB3642 - 1226 - LRB101 20589 WGH 70218 b
member, employee, or other agent of a craft grower who is 21
years of age or older.
"Craft Grower Agent Identification Card" means a document
issued by the Department of Agriculture that identifies a
person as a craft grower agent.
"Cultivation center" means a facility operated by an
organization or business that is licensed by the Department of
Agriculture to cultivate, process, transport (unless otherwise
limited by this Act), and perform other necessary activities to
provide cannabis and cannabis-infused products to cannabis
business establishments.
"Cultivation center agent" means a principal officer,
board member, employee, or other agent of a cultivation center
who is 21 years of age or older.
"Cultivation Center Agent Identification Card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
"Currency" means currency and coin of the United States.
"Dispensary" means a facility operated by a dispensing
organization at which activities licensed by this Act may
occur.
"Dispensing organization" means a facility operated by an
organization or business that is licensed by the Department of
Financial and Professional Regulation to acquire cannabis from
a cultivation center, craft grower, processing organization,
or another dispensary for the purpose of selling or dispensing

SB3642 - 1227 - LRB101 20589 WGH 70218 b
cannabis, cannabis-infused products, cannabis seeds,
paraphernalia, or related supplies under this Act to purchasers
or to qualified registered medical cannabis patients and
caregivers. As used in this Act, "dispensing organization"
includes a registered medical cannabis organization as defined
in the Compassionate Use of Medical Cannabis Program Act or its
successor Act that has obtained an Early Approval Adult Use
Dispensing Organization License.
"Dispensing organization agent" means a principal officer,
employee, or agent of a dispensing organization who is 21 years
of age or older.
"Dispensing organization agent identification card" means
a document issued by the Department of Financial and
Professional Regulation that identifies a person as a
dispensing organization agent.
"Disproportionately Impacted Area" means a census tract or
comparable geographic area that satisfies the following
criteria as determined by the Department of Commerce and
Economic Opportunity, that:
(1) meets at least one of the following criteria:
(A) the area has a poverty rate of at least 20%
according to the latest federal decennial census; or
(B) 75% or more of the children in the area
participate in the federal free lunch program
according to reported statistics from the State Board
of Education; or

SB3642 - 1228 - LRB101 20589 WGH 70218 b
(C) at least 20% of the households in the area
receive assistance under the Supplemental Nutrition
Assistance Program; or
(D) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the United
States Department of Labor, for a period of at least 2
consecutive calendar years preceding the date of the
application; and
(2) has high rates of arrest, conviction, and
incarceration related to the sale, possession, use,
cultivation, manufacture, or transport of cannabis.
"Early Approval Adult Use Cultivation Center License"
means a license that permits a medical cannabis cultivation
center licensed under the Compassionate Use of Medical Cannabis
Program Act as of the effective date of this Act to begin
cultivating, infusing, packaging, transporting (unless
otherwise provided in this Act), processing and selling
cannabis or cannabis-infused product to cannabis business
establishments for resale to purchasers as permitted by this
Act as of January 1, 2020.
"Early Approval Adult Use Dispensing Organization License"
means a license that permits a medical cannabis dispensing
organization licensed under the Compassionate Use of Medical
Cannabis Program Act as of the effective date of this Act to

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begin selling cannabis or cannabis-infused product to
purchasers as permitted by this Act as of January 1, 2020.
"Early Approval Adult Use Dispensing Organization at a
secondary site" means a license that permits a medical cannabis
dispensing organization licensed under the Compassionate Use
of Medical Cannabis Program Act as of the effective date of
this Act to begin selling cannabis or cannabis-infused product
to purchasers as permitted by this Act on January 1, 2020 at a
different dispensary location from its existing registered
medical dispensary location.
"Enclosed, locked facility" means a room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by cannabis business
establishment agents working for the licensed cannabis
business establishment or acting pursuant to this Act to
cultivate, process, store, or distribute cannabis.
"Enclosed, locked space" means a closet, room, greenhouse,
building or other enclosed area equipped with locks or other
security devices that permit access only by authorized
individuals under this Act. "Enclosed, locked space" may
include:
(1) a space within a residential building that (i) is
the primary residence of the individual cultivating 5 or
fewer cannabis plants that are more than 5 inches tall and
(ii) includes sleeping quarters and indoor plumbing. The
space must only be accessible by a key or code that is

SB3642 - 1230 - LRB101 20589 WGH 70218 b
different from any key or code that can be used to access
the residential building from the exterior; or
(2) a structure, such as a shed or greenhouse, that
lies on the same plot of land as a residential building
that (i) includes sleeping quarters and indoor plumbing and
(ii) is used as a primary residence by the person
cultivating 5 or fewer cannabis plants that are more than 5
inches tall, such as a shed or greenhouse. The structure
must remain locked when it is unoccupied by people.
"Financial institution" has the same meaning as "financial
organization" as defined in Section 1501 of the Illinois Income
Tax Act, and also includes the holding companies, subsidiaries,
and affiliates of such financial organizations.
"Flowering stage" means the stage of cultivation where and
when a cannabis plant is cultivated to produce plant material
for cannabis products. This includes mature plants as follows:
(1) if greater than 2 stigmas are visible at each
internode of the plant; or
(2) if the cannabis plant is in an area that has been
intentionally deprived of light for a period of time
intended to produce flower buds and induce maturation, from
the moment the light deprivation began through the
remainder of the marijuana plant growth cycle.
"Individual" means a natural person.
"Infuser organization" or "infuser" means a facility
operated by an organization or business that is licensed by the

SB3642 - 1231 - LRB101 20589 WGH 70218 b
Department of Agriculture to directly incorporate cannabis or
cannabis concentrate into a product formulation to produce a
cannabis-infused product.
"Kief" means the resinous crystal-like trichomes that are
found on cannabis and that are accumulated, resulting in a
higher concentration of cannabinoids, untreated by heat or
pressure, or extracted using a solvent.
"Labor peace agreement" means an agreement between a
cannabis business establishment and any labor organization
recognized under the National Labor Relations Act, referred to
in this Act as a bona fide labor organization, that prohibits
labor organizations and members from engaging in picketing,
work stoppages, boycotts, and any other economic interference
with the cannabis business establishment. This agreement means
that the cannabis business establishment has agreed not to
disrupt efforts by the bona fide labor organization to
communicate with, and attempt to organize and represent, the
cannabis business establishment's employees. The agreement
shall provide a bona fide labor organization access at
reasonable times to areas in which the cannabis business
establishment's employees work, for the purpose of meeting with
employees to discuss their right to representation, employment
rights under State law, and terms and conditions of employment.
This type of agreement shall not mandate a particular method of
election or certification of the bona fide labor organization.
"Limited access area" means a room or other area under the

SB3642 - 1232 - LRB101 20589 WGH 70218 b
control of a cannabis dispensing organization licensed under
this Act and upon the licensed premises where cannabis sales
occur with access limited to purchasers, dispensing
organization owners and other dispensing organization agents,
or service professionals conducting business with the
dispensing organization, or, if sales to registered qualifying
patients, caregivers, provisional patients, and Opioid
Alternative Pilot Program participants licensed pursuant to
the Compassionate Use of Medical Cannabis Program Act are also
permitted at the dispensary, registered qualifying patients,
caregivers, provisional patients, and Opioid Alternative Pilot
Program participants.
"Member of an impacted family" means an individual who has
a parent, legal guardian, child, spouse, or dependent, or was a
dependent of an individual who, prior to the effective date of
this Act, was arrested for, convicted of, or adjudicated
delinquent for any offense that is eligible for expungement
under this Act.
"Mother plant" means a cannabis plant that is cultivated or
maintained for the purpose of generating clones, and that will
not be used to produce plant material for sale to an infuser or
dispensing organization.
"Ordinary public view" means within the sight line with
normal visual range of a person, unassisted by visual aids,
from a public street or sidewalk adjacent to real property, or
from within an adjacent property.

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"Ownership and control" means ownership of at least 51% of
the business, including corporate stock if a corporation, and
control over the management and day-to-day operations of the
business and an interest in the capital, assets, and profits
and losses of the business proportionate to percentage of
ownership.
"Person" means a natural individual, firm, partnership,
association, joint stock company, joint venture, public or
private corporation, limited liability company, or a receiver,
executor, trustee, guardian, or other representative appointed
by order of any court.
"Possession limit" means the amount of cannabis under
Section 10-10 that may be possessed at any one time by a person
21 years of age or older or who is a registered qualifying
medical cannabis patient or caregiver under the Compassionate
Use of Medical Cannabis Program Act.
"Principal officer" includes a cannabis business
establishment applicant or licensed cannabis business
establishment's board member, owner with more than 1% interest
of the total cannabis business establishment or more than 5%
interest of the total cannabis business establishment of a
publicly traded company, president, vice president, secretary,
treasurer, partner, officer, member, manager member, or person
with a profit sharing, financial interest, or revenue sharing
arrangement. The definition includes a person with authority to
control the cannabis business establishment, a person who

SB3642 - 1234 - LRB101 20589 WGH 70218 b
assumes responsibility for the debts of the cannabis business
establishment and who is further defined in this Act.
"Primary residence" means a dwelling where a person usually
stays or stays more often than other locations. It may be
determined by, without limitation, presence, tax filings;
address on an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a Disability
Identification Card; or voter registration. No person may have
more than one primary residence.
"Processing organization" or "processor" means a facility
operated by an organization or business that is licensed by the
Department of Agriculture to either extract constituent
chemicals or compounds to produce cannabis concentrate or
incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis product.
"Processing organization agent" means a principal officer,
board member, employee, or agent of a processing organization.
"Processing organization agent identification card" means
a document issued by the Department of Agriculture that
identifies a person as a processing organization agent.
"Purchaser" means a person 21 years of age or older who
acquires cannabis for a valuable consideration. "Purchaser"
does not include a cardholder under the Compassionate Use of
Medical Cannabis Program Act.
"Qualified Social Equity Applicant" means a Social Equity
Applicant who has been awarded a conditional license under this

SB3642 - 1235 - LRB101 20589 WGH 70218 b
Act to operate a cannabis business establishment.
"Resided" means an individual's primary residence was
located within the relevant geographic area as established by 2
of the following:
(1) a signed lease agreement that includes the
applicant's name;
(2) a property deed that includes the applicant's name;
(3) school records;
(4) a voter registration card;
(5) an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a
Disability Identification Card;
(6) a paycheck stub;
(7) a utility bill;
(8) tax records; or
(9) any other proof of residency or other information
necessary to establish residence as provided by rule.
"Smoking" means the inhalation of smoke caused by the
combustion of cannabis.
"Social Equity Applicant" means an applicant that is an
Illinois resident that meets one of the following criteria:
(1) an applicant with at least 51% ownership and
control by one or more individuals who have resided for at
least 5 of the preceding 10 years in a Disproportionately
Impacted Area;
(2) an applicant with at least 51% ownership and

SB3642 - 1236 - LRB101 20589 WGH 70218 b
control by one or more individuals who:
(i) have been arrested for, convicted of, or
adjudicated delinquent for any offense that is
eligible for expungement under this Act; or
(ii) is a member of an impacted family;
(3) for applicants with a minimum of 10 full-time
employees, an applicant with at least 51% of current
employees who:
(i) currently reside in a Disproportionately
Impacted Area; or
(ii) have been arrested for, convicted of, or
adjudicated delinquent for any offense that is
eligible for expungement under this Act or member of an
impacted family.
Nothing in this Act shall be construed to preempt or limit
the duties of any employer under the Job Opportunities for
Qualified Applicants Act. Nothing in this Act shall permit an
employer to require an employee to disclose sealed or expunged
offenses, unless otherwise required by law.
"Tincture" means a cannabis-infused solution, typically
comprised of alcohol, glycerin, or vegetable oils, derived
either directly from the cannabis plant or from a processed
cannabis extract. A tincture is not an alcoholic liquor as
defined in the Liquor Control Act of 1934. A tincture shall
include a calibrated dropper or other similar device capable of
accurately measuring servings.

SB3642 - 1237 - LRB101 20589 WGH 70218 b
"Transporting organization" or "transporter" means an
organization or business that is licensed by the Department of
Agriculture to transport cannabis or cannabis-infused product
on behalf of a cannabis business establishment or a community
college licensed under the Community College Cannabis
Vocational Training Pilot Program.
"Transporting organization agent" means a principal
officer, board member, employee, or agent of a transporting
organization.
"Transporting organization agent identification card"
means a document issued by the Department of Agriculture that
identifies a person as a transporting organization agent.
"Unit of local government" means any county, city, village,
or incorporated town.
"Vegetative stage" means the stage of cultivation in which
a cannabis plant is propagated to produce additional cannabis
plants or reach a sufficient size for production. This includes
seedlings, clones, mothers, and other immature cannabis plants
as follows:
(1) if the cannabis plant is in an area that has not
been intentionally deprived of light for a period of time
intended to produce flower buds and induce maturation, it
has no more than 2 stigmas visible at each internode of the
cannabis plant; or
(2) any cannabis plant that is cultivated solely for
the purpose of propagating clones and is never used to

SB3642 - 1238 - LRB101 20589 WGH 70218 b
produce cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/5-20)
Sec. 5-20. Background checks.
(a) Through the Illinois Department of State Police, the
licensing or issuing Department shall conduct a criminal
history record check of the prospective principal officers,
board members, and agents of a cannabis business establishment
applying for a license or identification card under this Act.
Each cannabis business establishment prospective principal
officer, board member, or agent shall submit his or her
fingerprints to the Illinois Department of State Police in the
form and manner prescribed by the Illinois Department of State
Police.
Unless otherwise provided in this Act, such fingerprints
shall be transmitted through a live scan fingerprint vendor
licensed by the Department of Financial and Professional
Regulation. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
Department of State Police and Federal Bureau of Investigation
criminal history records databases. The Illinois Department of
State Police shall charge a fee for conducting the criminal
history record check, which shall be deposited into the State
Police Services Fund and shall not exceed the actual cost of
the State and national criminal history record check. The

SB3642 - 1239 - LRB101 20589 WGH 70218 b
Illinois Department of State Police shall furnish, pursuant to
positive identification, all Illinois conviction information
and shall forward the national criminal history record
information to:
(i) the Department of Agriculture, with respect to a
cultivation center, craft grower, infuser organization, or
transporting organization; or
(ii) the Department of Financial and Professional
Regulation, with respect to a dispensing organization.
(b) When applying for the initial license or identification
card, the background checks for all prospective principal
officers, board members, and agents shall be completed before
submitting the application to the licensing or issuing agency.
(c) All applications for licensure under this Act by
applicants with criminal convictions shall be subject to
Sections 2105-131, 2105-135, and 2105-205 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-25)
Sec. 15-25. Awarding of Conditional Adult Use Dispensing
Organization Licenses prior to January 1, 2021.
(a) The Department shall issue up to 75 Conditional Adult
Use Dispensing Organization Licenses before May 1, 2020.
(b) The Department shall make the application for a

SB3642 - 1240 - LRB101 20589 WGH 70218 b
Conditional Adult Use Dispensing Organization License
available no later than October 1, 2019 and shall accept
applications no later than January 1, 2020.
(c) To ensure the geographic dispersion of Conditional
Adult Use Dispensing Organization License holders, the
following number of licenses shall be awarded in each BLS
Region as determined by each region's percentage of the State's
population:
(1) Bloomington: 1
(2) Cape Girardeau: 1
(3) Carbondale-Marion: 1
(4) Champaign-Urbana: 1
(5) Chicago-Naperville-Elgin: 47
(6) Danville: 1
(7) Davenport-Moline-Rock Island: 1
(8) Decatur: 1
(9) Kankakee: 1
(10) Peoria: 3
(11) Rockford: 2
(12) St. Louis: 4
(13) Springfield: 1
(14) Northwest Illinois nonmetropolitan: 3
(15) West Central Illinois nonmetropolitan: 3
(16) East Central Illinois nonmetropolitan: 2
(17) South Illinois nonmetropolitan: 2
(d) An applicant seeking issuance of a Conditional Adult

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Use Dispensing Organization License shall submit an
application on forms provided by the Department. An applicant
must meet the following requirements:
(1) Payment of a nonrefundable application fee of
$5,000 for each license for which the applicant is
applying, which shall be deposited into the Cannabis
Regulation Fund;
(2) Certification that the applicant will comply with
the requirements contained in this Act;
(3) The legal name of the proposed dispensing
organization;
(4) A statement that the dispensing organization
agrees to respond to the Department's supplemental
requests for information;
(5) From each principal officer, a statement
indicating whether that person:
(A) has previously held or currently holds an
ownership interest in a cannabis business
establishment in Illinois; or
(B) has held an ownership interest in a dispensing
organization or its equivalent in another state or
territory of the United States that had the dispensing
organization registration or license suspended,
revoked, placed on probationary status, or subjected
to other disciplinary action;
(6) Disclosure of whether any principal officer has

SB3642 - 1242 - LRB101 20589 WGH 70218 b
ever filed for bankruptcy or defaulted on spousal support
or child support obligation;
(7) A resume for each principal officer, including
whether that person has an academic degree, certification,
or relevant experience with a cannabis business
establishment or in a related industry;
(8) A description of the training and education that
will be provided to dispensing organization agents;
(9) A copy of the proposed operating bylaws;
(10) A copy of the proposed business plan that complies
with the requirements in this Act, including, at a minimum,
the following:
(A) A description of services to be offered; and
(B) A description of the process of dispensing
cannabis;
(11) A copy of the proposed security plan that complies
with the requirements in this Article, including:
(A) The process or controls that will be
implemented to monitor the dispensary, secure the
premises, agents, and currency, and prevent the
diversion, theft, or loss of cannabis; and
(B) The process to ensure that access to the
restricted access areas is restricted to, registered
agents, service professionals, transporting
organization agents, Department inspectors, and
security personnel;

SB3642 - 1243 - LRB101 20589 WGH 70218 b
(12) A proposed inventory control plan that complies
with this Section;
(13) A proposed floor plan, a square footage estimate,
and a description of proposed security devices, including,
without limitation, cameras, motion detectors, servers,
video storage capabilities, and alarm service providers;
(14) The name, address, social security number, and
date of birth of each principal officer and board member of
the dispensing organization; each of those individuals
shall be at least 21 years of age;
(15) Evidence of the applicant's status as a Social
Equity Applicant, if applicable, and whether a Social
Equity Applicant plans to apply for a loan or grant issued
by the Department of Commerce and Economic Opportunity;
(16) The address, telephone number, and email address
of the applicant's principal place of business, if
applicable. A post office box is not permitted;
(17) Written summaries of any information regarding
instances in which a business or not-for-profit that a
prospective board member previously managed or served on
were fined or censured, or any instances in which a
business or not-for-profit that a prospective board member
previously managed or served on had its registration
suspended or revoked in any administrative or judicial
proceeding;
(18) A plan for community engagement;

SB3642 - 1244 - LRB101 20589 WGH 70218 b
(19) Procedures to ensure accurate recordkeeping and
security measures that are in accordance with this Article
and Department rules;
(20) The estimated volume of cannabis it plans to store
at the dispensary;
(21) A description of the features that will provide
accessibility to purchasers as required by the Americans
with Disabilities Act;
(22) A detailed description of air treatment systems
that will be installed to reduce odors;
(23) A reasonable assurance that the issuance of a
license will not have a detrimental impact on the community
in which the applicant wishes to locate;
(24) The dated signature of each principal officer;
(25) A description of the enclosed, locked facility
where cannabis will be stored by the dispensing
organization;
(26) Signed statements from each dispensing
organization agent stating that he or she will not divert
cannabis;
(27) The number of licenses it is applying for in each
BLS Region;
(28) A diversity plan that includes a narrative of at
least 2,500 words that establishes a goal of diversity in
ownership, management, employment, and contracting to
ensure that diverse participants and groups are afforded

SB3642 - 1245 - LRB101 20589 WGH 70218 b
equality of opportunity;
(29) A contract with a private security contractor that
is licensed under Section 10-5 of the Private Detective,
Private Alarm, Private Security, Fingerprint Vendor, and
Locksmith Act of 2004 in order for the dispensary to have
adequate security at its facility; and
(30) Other information deemed necessary by the
Illinois Cannabis Regulation Oversight Officer to conduct
the disparity and availability study referenced in
subsection (e) of Section 5-45.
(e) An applicant who receives a Conditional Adult Use
Dispensing Organization License under this Section has 180 days
from the date of award to identify a physical location for the
dispensing organization retail storefront. Before a
conditional licensee receives an authorization to build out the
dispensing organization from the Department, the Department
shall inspect the physical space selected by the conditional
licensee. The Department shall verify the site is suitable for
public access, the layout promotes the safe dispensing of
cannabis, the location is sufficient in size, power allocation,
lighting, parking, handicapped accessible parking spaces,
accessible entry and exits as required by the Americans with
Disabilities Act, product handling, and storage. The applicant
shall also provide a statement of reasonable assurance that the
issuance of a license will not have a detrimental impact on the
community. The applicant shall also provide evidence that the

SB3642 - 1246 - LRB101 20589 WGH 70218 b
location is not within 1,500 feet of an existing dispensing
organization. If an applicant is unable to find a suitable
physical address in the opinion of the Department within 180
days of the issuance of the Conditional Adult Use Dispensing
Organization License, the Department may extend the period for
finding a physical address another 180 days if the Conditional
Adult Use Dispensing Organization License holder demonstrates
concrete attempts to secure a location and a hardship. If the
Department denies the extension or the Conditional Adult Use
Dispensing Organization License holder is unable to find a
location or become operational within 360 days of being awarded
a conditional license, the Department shall rescind the
conditional license and award it to the next highest scoring
applicant in the BLS Region for which the license was assigned,
provided the applicant receiving the license: (i) confirms a
continued interest in operating a dispensing organization;
(ii) can provide evidence that the applicant continues to meet
all requirements for holding a Conditional Adult Use Dispensing
Organization License set forth in this Act; and (iii) has not
otherwise become ineligible to be awarded a dispensing
organization license. If the new awardee is unable to accept
the Conditional Adult Use Dispensing Organization License, the
Department shall award the Conditional Adult Use Dispensing
Organization License to the next highest scoring applicant in
the same manner. The new awardee shall be subject to the same
required deadlines as provided in this subsection.

SB3642 - 1247 - LRB101 20589 WGH 70218 b
(e-5) If, within 180 days of being awarded a Conditional
Adult Use Dispensing Organization License, a dispensing
organization is unable to find a location within the BLS Region
in which it was awarded a Conditional Adult Use Dispensing
Organization License because no jurisdiction within the BLS
Region allows for the operation of an Adult Use Dispensing
Organization, the Department of Financial and Professional
Regulation may authorize the Conditional Adult Use Dispensing
Organization License holder to transfer its license to a BLS
Region specified by the Department.
(f) A dispensing organization that is awarded a Conditional
Adult Use Dispensing Organization License pursuant to the
criteria in Section 15-30 shall not purchase, possess, sell, or
dispense cannabis or cannabis-infused products until the
person has received an Adult Use Dispensing Organization
License issued by the Department pursuant to Section 15-36 of
this Act.
(g) The Department shall conduct a background check of the
prospective organization agents in order to carry out this
Article. The Illinois Department of State Police shall charge
the applicant a fee for conducting the criminal history record
check, which shall be deposited into the State Police Services
Fund and shall not exceed the actual cost of the record check.
Each person applying as a dispensing organization agent shall
submit a full set of fingerprints to the Illinois Department of
State Police for the purpose of obtaining a State and federal

SB3642 - 1248 - LRB101 20589 WGH 70218 b
criminal records check. These fingerprints shall be checked
against the fingerprint records now and hereafter, to the
extent allowed by law, filed in the Illinois Department of
State Police and Federal Bureau of Identification criminal
history records databases. The Illinois Department of State
Police shall furnish, following positive identification, all
Illinois conviction information to the Department.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-30)
Sec. 15-30. Selection criteria for conditional licenses
awarded under Section 15-25.
(a) Applicants for a Conditional Adult Use Dispensing
Organization License must submit all required information,
including the information required in Section 15-25, to the
Department. Failure by an applicant to submit all required
information may result in the application being disqualified.
(b) If the Department receives an application that fails to
provide the required elements contained in this Section, the
Department shall issue a deficiency notice to the applicant.
The applicant shall have 10 calendar days from the date of the
deficiency notice to resubmit the incomplete information.
Applications that are still incomplete after this opportunity
to cure will not be scored and will be disqualified.
(c) The Department will award up to 250 points to complete
applications based on the sufficiency of the applicant's

SB3642 - 1249 - LRB101 20589 WGH 70218 b
responses to required information. Applicants will be awarded
points based on a determination that the application
satisfactorily includes the following elements:
(1) Suitability of Employee Training Plan (15 points).
The plan includes an employee training plan that
demonstrates that employees will understand the rules
and laws to be followed by dispensary employees, have
knowledge of any security measures and operating
procedures of the dispensary, and are able to advise
purchasers on how to safely consume cannabis and use
individual products offered by the dispensary.
(2) Security and Recordkeeping (65 points).
(A) The security plan accounts for the prevention
of the theft or diversion of cannabis. The security
plan demonstrates safety procedures for dispensing
organization agents and purchasers, and safe delivery
and storage of cannabis and currency. It demonstrates
compliance with all security requirements in this Act
and rules.
(B) A plan for recordkeeping, tracking, and
monitoring inventory, quality control, and other
policies and procedures that will promote standard
recordkeeping and discourage unlawful activity. This
plan includes the applicant's strategy to communicate
with the Department and the Illinois Department of
State Police on the destruction and disposal of

SB3642 - 1250 - LRB101 20589 WGH 70218 b
cannabis. The plan must also demonstrate compliance
with this Act and rules.
(C) The security plan shall also detail which
private security contractor licensed under Section
10-5 of the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of
2004 the dispensary will contract with in order to
provide adequate security at its facility.
(3) Applicant's Business Plan, Financials, Operating
and Floor Plan (65 points).
(A) The business plan shall describe, at a minimum,
how the dispensing organization will be managed on a
long-term basis. This shall include a description of
the dispensing organization's point-of-sale system,
purchases and denials of sale, confidentiality, and
products and services to be offered. It will
demonstrate compliance with this Act and rules.
(B) The operating plan shall include, at a minimum,
best practices for day-to-day dispensary operation and
staffing. The operating plan may also include
information about employment practices, including
information about the percentage of full-time
employees who will be provided a living wage.
(C) The proposed floor plan is suitable for public
access, the layout promotes safe dispensing of
cannabis, is compliant with the Americans with

SB3642 - 1251 - LRB101 20589 WGH 70218 b
Disabilities Act and the Environmental Barriers Act,
and facilitates safe product handling and storage.
(4) Knowledge and Experience (30 points).
(A) The applicant's principal officers must
demonstrate experience and qualifications in business
management or experience with the cannabis industry.
This includes ensuring optimal safety and accuracy in
the dispensing and sale of cannabis.
(B) The applicant's principal officers must
demonstrate knowledge of various cannabis product
strains or varieties and describe the types and
quantities of products planned to be sold. This
includes confirmation of whether the dispensing
organization plans to sell cannabis paraphernalia or
edibles.
(C) Knowledge and experience may be demonstrated
through experience in other comparable industries that
reflect on the applicant's ability to operate a
cannabis business establishment.
(5) Status as a Social Equity Applicant (50 points).
The applicant meets the qualifications for a
Social Equity Applicant as set forth in this Act.
(6) Labor and employment practices (5 points): The
applicant may describe plans to provide a safe, healthy,
and economically beneficial working environment for its
agents, including, but not limited to, codes of conduct,

SB3642 - 1252 - LRB101 20589 WGH 70218 b
health care benefits, educational benefits, retirement
benefits, living wage standards, and entering a labor peace
agreement with employees.
(7) Environmental Plan (5 points): The applicant may
demonstrate an environmental plan of action to minimize the
carbon footprint, environmental impact, and resource needs
for the dispensary, which may include, without limitation,
recycling cannabis product packaging.
(8) Illinois owner (5 points): The applicant is 51% or
more owned and controlled by an Illinois resident, who can
prove residency in each of the past 5 years with tax
records or 2 of the following:
(A) a signed lease agreement that includes the
applicant's name;
(B) a property deed that includes the applicant's
name;
(C) school records;
(D) a voter registration card;
(E) an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a
Disability Identification Card;
(F) a paycheck stub;
(G) a utility bill; or
(H) any other proof of residency or other
information necessary to establish residence as
provided by rule.

SB3642 - 1253 - LRB101 20589 WGH 70218 b
(9) Status as veteran (5 points): The applicant is 51%
or more controlled and owned by an individual or
individuals who meet the qualifications of a veteran as
defined by Section 45-57 of the Illinois Procurement Code.
(10) A diversity plan (5 points): that includes a
narrative of not more than 2,500 words that establishes a
goal of diversity in ownership, management, employment,
and contracting to ensure that diverse participants and
groups are afforded equality of opportunity.
(d) The Department may also award up to 2 bonus points for
a plan to engage with the community. The applicant may
demonstrate a desire to engage with its community by
participating in one or more of, but not limited to, the
following actions: (i) establishment of an incubator program
designed to increase participation in the cannabis industry by
persons who would qualify as Social Equity Applicants; (ii)
providing financial assistance to substance abuse treatment
centers; (iii) educating children and teens about the potential
harms of cannabis use; or (iv) other measures demonstrating a
commitment to the applicant's community. Bonus points will only
be awarded if the Department receives applications that receive
an equal score for a particular region.
(e) The Department may verify information contained in each
application and accompanying documentation to assess the
applicant's veracity and fitness to operate a dispensing
organization.

SB3642 - 1254 - LRB101 20589 WGH 70218 b
(f) The Department may, in its discretion, refuse to issue
an authorization to any applicant:
(1) Who is unqualified to perform the duties required
of the applicant;
(2) Who fails to disclose or states falsely any
information called for in the application;
(3) Who has been found guilty of a violation of this
Act, or whose medical cannabis dispensing organization,
medical cannabis cultivation organization, or Early
Approval Adult Use Dispensing Organization License, or
Early Approval Adult Use Dispensing Organization License
at a secondary site, or Early Approval Cultivation Center
License was suspended, restricted, revoked, or denied for
just cause, or the applicant's cannabis business
establishment license was suspended, restricted, revoked,
or denied in any other state; or
(4) Who has engaged in a pattern or practice of unfair
or illegal practices, methods, or activities in the conduct
of owning a cannabis business establishment or other
business.
(g) The Department shall deny the license if any principal
officer, board member, or person having a financial or voting
interest of 5% or greater in the licensee is delinquent in
filing any required tax returns or paying any amounts owed to
the State of Illinois.
(h) The Department shall verify an applicant's compliance

SB3642 - 1255 - LRB101 20589 WGH 70218 b
with the requirements of this Article and rules before issuing
a dispensing organization license.
(i) Should the applicant be awarded a license, the
information and plans provided in the application, including
any plans submitted for bonus points, shall become a condition
of the Conditional Adult Use Dispensing Organization Licenses
and any Adult Use Dispensing Organization License issued to the
holder of the Conditional Adult Use Dispensing Organization
License, except as otherwise provided by this Act or rule.
Dispensing organizations have a duty to disclose any material
changes to the application. The Department shall review all
material changes disclosed by the dispensing organization, and
may re-evaluate its prior decision regarding the awarding of a
license, including, but not limited to, suspending or
permanently revoking a license. Failure to comply with the
conditions or requirements in the application may subject the
dispensing organization to discipline, up to and including
suspension or permanent revocation of its authorization or
license by the Department.
(j) If an applicant has not begun operating as a dispensing
organization within one year of the issuance of the Conditional
Adult Use Dispensing Organization License, the Department may
permanently revoke the Conditional Adult Use Dispensing
Organization License and award it to the next highest scoring
applicant in the BLS Region if a suitable applicant indicates a
continued interest in the license or begin a new selection

SB3642 - 1256 - LRB101 20589 WGH 70218 b
process to award a Conditional Adult Use Dispensing
Organization License.
(k) The Department shall deny an application if granting
that application would result in a single person or entity
having a direct or indirect financial interest in more than 10
Early Approval Adult Use Dispensing Organization Licenses,
Conditional Adult Use Dispensing Organization Licenses, or
Adult Use Dispensing Organization Licenses. Any entity that is
awarded a license that results in a single person or entity
having a direct or indirect financial interest in more than 10
licenses shall forfeit the most recently issued license and
suffer a penalty to be determined by the Department, unless the
entity declines the license at the time it is awarded.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-40)
Sec. 15-40. Dispensing organization agent identification
card; agent training.
(a) The Department shall:
(1) verify the information contained in an application
or renewal for a dispensing organization agent
identification card submitted under this Article, and
approve or deny an application or renewal, within 30 days
of receiving a completed application or renewal
application and all supporting documentation required by
rule;

SB3642 - 1257 - LRB101 20589 WGH 70218 b
(2) issue a dispensing organization agent
identification card to a qualifying agent within 15
business days of approving the application or renewal;
(3) enter the registry identification number of the
dispensing organization where the agent works;
(4) within one year from the effective date of this
Act, allow for an electronic application process and
provide a confirmation by electronic or other methods that
an application has been submitted; and
(5) collect a $100 nonrefundable fee from the applicant
to be deposited into the Cannabis Regulation Fund.
(b) A dispensing organization agent must keep his or her
identification card visible at all times when in the
dispensary.
(c) The dispensing organization agent identification cards
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
dispensing organization agent identification cards;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the cardholder; and
(4) a photograph of the cardholder.
(d) The dispensing organization agent identification cards
shall be immediately returned to the dispensing organization
upon termination of employment.

SB3642 - 1258 - LRB101 20589 WGH 70218 b
(e) The Department shall not issue an agent identification
card if the applicant is delinquent in filing any required tax
returns or paying any amounts owed to the State of Illinois.
(f) Any card lost by a dispensing organization agent shall
be reported to the Illinois Department of State Police and the
Department immediately upon discovery of the loss.
(g) An applicant shall be denied a dispensing organization
agent identification card renewal if he or she fails to
complete the training provided for in this Section.
(h) A dispensing organization agent shall only be required
to hold one card for the same employer regardless of what type
of dispensing organization license the employer holds.
(i) Cannabis retail sales training requirements.
(1) Within 90 days of September 1, 2019, or 90 days of
employment, whichever is later, all owners, managers,
employees, and agents involved in the handling or sale of
cannabis or cannabis-infused product employed by an adult
use dispensing organization or medical cannabis dispensing
organization as defined in Section 10 of the Compassionate
Use of Medical Cannabis Program Act shall attend and
successfully complete a Responsible Vendor Program.
(2) Each owner, manager, employee, and agent of an
adult use dispensing organization or medical cannabis
dispensing organization shall successfully complete the
program annually.
(3) Responsible Vendor Program Training modules shall

SB3642 - 1259 - LRB101 20589 WGH 70218 b
include at least 2 hours of instruction time approved by
the Department including:
(i) Health and safety concerns of cannabis use,
including the responsible use of cannabis, its
physical effects, onset of physiological effects,
recognizing signs of impairment, and appropriate
responses in the event of overconsumption.
(ii) Training on laws and regulations on driving
while under the influence and operating a watercraft or
snowmobile while under the influence.
(iii) Sales to minors prohibition. Training shall
cover all relevant Illinois laws and rules.
(iv) Quantity limitations on sales to purchasers.
Training shall cover all relevant Illinois laws and
rules.
(v) Acceptable forms of identification. Training
shall include:
(I) How to check identification; and
(II) Common mistakes made in verification;
(vi) Safe storage of cannabis;
(vii) Compliance with all inventory tracking
system regulations;
(viii) Waste handling, management, and disposal;
(ix) Health and safety standards;
(x) Maintenance of records;
(xi) Security and surveillance requirements;

SB3642 - 1260 - LRB101 20589 WGH 70218 b
(xii) Permitting inspections by State and local
licensing and enforcement authorities;
(xiii) Privacy issues;
(xiv) Packaging and labeling requirement for sales
to purchasers; and
(xv) Other areas as determined by rule.
(j) Blank.
(k) Upon the successful completion of the Responsible
Vendor Program, the provider shall deliver proof of completion
either through mail or electronic communication to the
dispensing organization, which shall retain a copy of the
certificate.
(l) The license of a dispensing organization or medical
cannabis dispensing organization whose owners, managers,
employees, or agents fail to comply with this Section may be
suspended or permanently revoked under Section 15-145 or may
face other disciplinary action.
(m) The regulation of dispensing organization and medical
cannabis dispensing employer and employee training is an
exclusive function of the State, and regulation by a unit of
local government, including a home rule unit, is prohibited.
This subsection (m) is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(n) Persons seeking Department approval to offer the
training required by paragraph (3) of subsection (i) may apply

SB3642 - 1261 - LRB101 20589 WGH 70218 b
for such approval between August 1 and August 15 of each
odd-numbered year in a manner prescribed by the Department.
(o) Persons seeking Department approval to offer the
training required by paragraph (3) of subsection (i) shall
submit a nonrefundable application fee of $2,000 to be
deposited into the Cannabis Regulation Fund or a fee as may be
set by rule. Any changes made to the training module shall be
approved by the Department.
(p) The Department shall not unreasonably deny approval of
a training module that meets all the requirements of paragraph
(3) of subsection (i). A denial of approval shall include a
detailed description of the reasons for the denial.
(q) Any person approved to provide the training required by
paragraph (3) of subsection (i) shall submit an application for
re-approval between August 1 and August 15 of each odd-numbered
year and include a nonrefundable application fee of $2,000 to
be deposited into the Cannabis Regulation Fund or a fee as may
be set by rule.
(r) All persons applying to become or renewing their
registrations to be agents, including agents-in-charge and
principal officers, shall disclose any disciplinary action
taken against them that may have occurred in Illinois, another
state, or another country in relation to their employment at a
cannabis business establishment or at any cannabis cultivation
center, processor, infuser, dispensary, or other cannabis
business establishment.

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(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-65)
Sec. 15-65. Administration.
(a) A dispensing organization shall establish, maintain,
and comply with written policies and procedures as submitted in
the Business, Financial and Operating plan as required in this
Article or by rules established by the Department, and approved
by the Department, for the security, storage, inventory, and
distribution of cannabis. These policies and procedures shall
include methods for identifying, recording, and reporting
diversion, theft, or loss, and for correcting errors and
inaccuracies in inventories. At a minimum, dispensing
organizations shall ensure the written policies and procedures
provide for the following:
(1) Mandatory and voluntary recalls of cannabis
products. The policies shall be adequate to deal with
recalls due to any action initiated at the request of the
Department and any voluntary action by the dispensing
organization to remove defective or potentially defective
cannabis from the market or any action undertaken to
promote public health and safety, including:
(i) A mechanism reasonably calculated to contact
purchasers who have, or likely have, obtained the
product from the dispensary, including information on
the policy for return of the recalled product;

SB3642 - 1263 - LRB101 20589 WGH 70218 b
(ii) A mechanism to identify and contact the adult
use cultivation center, craft grower, or infuser that
manufactured the cannabis;
(iii) Policies for communicating with the
Department, the Department of Agriculture, and the
Department of Public Health within 24 hours of
discovering defective or potentially defective
cannabis; and
(iv) Policies for destruction of any recalled
cannabis product;
(2) Responses to local, State, or national
emergencies, including natural disasters, that affect the
security or operation of a dispensary;
(3) Segregation and destruction of outdated, damaged,
deteriorated, misbranded, or adulterated cannabis. This
procedure shall provide for written documentation of the
cannabis disposition;
(4) Ensure the oldest stock of a cannabis product is
distributed first. The procedure may permit deviation from
this requirement, if such deviation is temporary and
appropriate;
(5) Training of dispensing organization agents in the
provisions of this Act and rules, to effectively operate
the point-of-sale system and the State's verification
system, proper inventory handling and tracking, specific
uses of cannabis or cannabis-infused products, instruction

SB3642 - 1264 - LRB101 20589 WGH 70218 b
regarding regulatory inspection preparedness and law
enforcement interaction, awareness of the legal
requirements for maintaining status as an agent, and other
topics as specified by the dispensing organization or the
Department. The dispensing organization shall maintain
evidence of all training provided to each agent in its
files that is subject to inspection and audit by the
Department. The dispensing organization shall ensure
agents receive a minimum of 8 hours of training subject to
the requirements in subsection (i) of Section 15-40
annually, unless otherwise approved by the Department;
(6) Maintenance of business records consistent with
industry standards, including bylaws, consents, manual or
computerized records of assets and liabilities, audits,
monetary transactions, journals, ledgers, and supporting
documents, including agreements, checks, invoices,
receipts, and vouchers. Records shall be maintained in a
manner consistent with this Act and shall be retained for 5
years;
(7) Inventory control, including:
(i) Tracking purchases and denials of sale;
(ii) Disposal of unusable or damaged cannabis as
required by this Act and rules; and
(8) Purchaser education and support, including:
(i) Whether possession of cannabis is illegal
under federal law;

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(ii) Current educational information issued by the
Department of Public Health about the health risks
associated with the use or abuse of cannabis;
(iii) Information about possible side effects;
(iv) Prohibition on smoking cannabis in public
places; and
(v) Offering any other appropriate purchaser
education or support materials.
(b) Blank.
(c) A dispensing organization shall maintain copies of the
policies and procedures on the dispensary premises and provide
copies to the Department upon request. The dispensing
organization shall review the dispensing organization policies
and procedures at least once every 12 months from the issue
date of the license and update as needed due to changes in
industry standards or as requested by the Department.
(d) A dispensing organization shall ensure that each
principal officer and each dispensing organization agent has a
current agent identification card in the agent's immediate
possession when the agent is at the dispensary.
(e) A dispensing organization shall provide prompt written
notice to the Department, including the date of the event, when
a dispensing organization agent no longer is employed by the
dispensing organization.
(f) A dispensing organization shall promptly document and
report any loss or theft of cannabis from the dispensary to the

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Illinois Department of State Police and the Department. It is
the duty of any dispensing organization agent who becomes aware
of the loss or theft to report it as provided in this Article.
(g) A dispensing organization shall post the following
information in a conspicuous location in an area of the
dispensary accessible to consumers:
(1) The dispensing organization's license;
(2) The hours of operation.
(h) Signage that shall be posted inside the premises.
(1) All dispensing organizations must display a
placard that states the following: "Cannabis consumption
can impair cognition and driving, is for adult use only,
may be habit forming, and should not be used by pregnant or
breastfeeding women.".
(2) Any dispensing organization that sells edible
cannabis-infused products must display a placard that
states the following:
(A) "Edible cannabis-infused products were
produced in a kitchen that may also process common food
allergens."; and
(B) "The effects of cannabis products can vary from
person to person, and it can take as long as two hours
to feel the effects of some cannabis-infused products.
Carefully review the portion size information and
warnings contained on the product packaging before
consuming.".

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(3) All of the required signage in this subsection (h)
shall be no smaller than 24 inches tall by 36 inches wide,
with typed letters no smaller than 2 inches. The signage
shall be clearly visible and readable by customers. The
signage shall be placed in the area where cannabis and
cannabis-infused products are sold and may be translated
into additional languages as needed. The Department may
require a dispensary to display the required signage in a
different language, other than English, if the Secretary
deems it necessary.
(i) A dispensing organization shall prominently post
notices inside the dispensing organization that state
activities that are strictly prohibited and punishable by law,
including, but not limited to:
(1) no minors permitted on the premises unless the
minor is a minor qualifying patient under the Compassionate
Use of Medical Cannabis Program Act;
(2) distribution to persons under the age of 21 is
prohibited;
(3) transportation of cannabis or cannabis products
across state lines is prohibited.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-75)
Sec. 15-75. Inventory control system.
(a) A dispensing organization agent-in-charge shall have

SB3642 - 1268 - LRB101 20589 WGH 70218 b
primary oversight of the dispensing organization's cannabis
inventory verification system, and its point-of-sale system.
The inventory point-of-sale system shall be real-time,
web-based, and accessible by the Department at any time. The
point-of-sale system shall track, at a minimum the date of
sale, amount, price, and currency.
(b) A dispensing organization shall establish an account
with the State's verification system that documents:
(1) Each sales transaction at the time of sale and each
day's beginning inventory, acquisitions, sales, disposal,
and ending inventory.
(2) Acquisition of cannabis and cannabis-infused
products from a licensed adult use cultivation center,
craft grower, infuser, or transporter, including:
(i) A description of the products, including the
quantity, strain, variety, and batch number of each
product received;
(ii) The name and registry identification number
of the licensed adult use cultivation center, craft
grower, or infuser providing the cannabis and
cannabis-infused products;
(iii) The name and registry identification number
of the licensed adult use cultivation center, craft
grower, infuser, or transporting agent delivering the
cannabis;
(iv) The name and registry identification number

SB3642 - 1269 - LRB101 20589 WGH 70218 b
of the dispensing organization agent receiving the
cannabis; and
(v) The date of acquisition.
(3) The disposal of cannabis, including:
(i) A description of the products, including the
quantity, strain, variety, batch number, and reason
for the cannabis being disposed;
(ii) The method of disposal; and
(iii) The date and time of disposal.
(c) Upon cannabis delivery, a dispensing organization
shall confirm the product's name, strain name, weight, and
identification number on the manifest matches the information
on the cannabis product label and package. The product name
listed and the weight listed in the State's verification system
shall match the product packaging.
(d) The agent-in-charge shall conduct daily inventory
reconciliation documenting and balancing cannabis inventory by
confirming the State's verification system matches the
dispensing organization's point-of-sale system and the amount
of physical product at the dispensary.
(1) A dispensing organization must receive Department
approval before completing an inventory adjustment. It
shall provide a detailed reason for the adjustment.
Inventory adjustment documentation shall be kept at the
dispensary for 2 years from the date performed.
(2) If the dispensing organization identifies an

SB3642 - 1270 - LRB101 20589 WGH 70218 b
imbalance in the amount of cannabis after the daily
inventory reconciliation due to mistake, the dispensing
organization shall determine how the imbalance occurred
and immediately upon discovery take and document
corrective action. If the dispensing organization cannot
identify the reason for the mistake within 2 calendar days
after first discovery, it shall inform the Department
immediately in writing of the imbalance and the corrective
action taken to date. The dispensing organization shall
work diligently to determine the reason for the mistake.
(3) If the dispensing organization identifies an
imbalance in the amount of cannabis after the daily
inventory reconciliation or through other means due to
theft, criminal activity, or suspected criminal activity,
the dispensing organization shall immediately determine
how the reduction occurred and take and document corrective
action. Within 24 hours after the first discovery of the
reduction due to theft, criminal activity, or suspected
criminal activity, the dispensing organization shall
inform the Department and the Illinois Department of State
Police in writing.
(4) The dispensing organization shall file an annual
compilation report with the Department, including a
financial statement that shall include, but not be limited
to, an income statement, balance sheet, profit and loss
statement, statement of cash flow, wholesale cost and

SB3642 - 1271 - LRB101 20589 WGH 70218 b
sales, and any other documentation requested by the
Department in writing. The financial statement shall
include any other information the Department deems
necessary in order to effectively administer this Act and
all rules, orders, and final decisions promulgated under
this Act. Statements required by this Section shall be
filed with the Department within 60 days after the end of
the calendar year. The compilation report shall include a
letter authored by a licensed certified public accountant
that it has been reviewed and is accurate based on the
information provided. The dispensing organization,
financial statement, and accompanying documents are not
required to be audited unless specifically requested by the
Department.
(e) A dispensing organization shall:
(1) Maintain the documentation required in this
Section in a secure locked location at the dispensing
organization for 5 years from the date on the document;
(2) Provide any documentation required to be
maintained in this Section to the Department for review
upon request; and
(3) If maintaining a bank account, retain for a period
of 5 years a record of each deposit or withdrawal from the
account.
(f) If a dispensing organization chooses to have a return
policy for cannabis and cannabis products, the dispensing

SB3642 - 1272 - LRB101 20589 WGH 70218 b
organization shall seek prior approval from the Department.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-100)
Sec. 15-100. Security.
(a) A dispensing organization shall implement security
measures to deter and prevent entry into and theft of cannabis
or currency.
(b) A dispensing organization shall submit any changes to
the floor plan or security plan to the Department for
pre-approval. All cannabis shall be maintained and stored in a
restricted access area during construction.
(c) The dispensing organization shall implement security
measures to protect the premises, purchasers, and dispensing
organization agents including, but not limited to the
following:
(1) Establish a locked door or barrier between the
facility's entrance and the limited access area;
(2) Prevent individuals from remaining on the premises
if they are not engaging in activity permitted by this Act
or rules;
(3) Develop a policy that addresses the maximum
capacity and purchaser flow in the waiting rooms and
limited access areas;
(4) Dispose of cannabis in accordance with this Act and
rules;

SB3642 - 1273 - LRB101 20589 WGH 70218 b
(5) During hours of operation, store and dispense all
cannabis from the restricted access area. During
operational hours, cannabis shall be stored in an enclosed
locked room or cabinet and accessible only to specifically
authorized dispensing organization agents;
(6) When the dispensary is closed, store all cannabis
and currency in a reinforced vault room in the restricted
access area and in a manner as to prevent diversion, theft,
or loss;
(7) Keep the reinforced vault room and any other
equipment or cannabis storage areas securely locked and
protected from unauthorized entry;
(8) Keep an electronic daily log of dispensing
organization agents with access to the reinforced vault
room and knowledge of the access code or combination;
(9) Keep all locks and security equipment in good
working order;
(10) Maintain an operational security and alarm system
at all times;
(11) Prohibit keys, if applicable, from being left in
the locks, or stored or placed in a location accessible to
persons other than specifically authorized personnel;
(12) Prohibit accessibility of security measures,
including combination numbers, passwords, or electronic or
biometric security systems to persons other than
specifically authorized dispensing organization agents;

SB3642 - 1274 - LRB101 20589 WGH 70218 b
(13) Ensure that the dispensary interior and exterior
premises are sufficiently lit to facilitate surveillance;
(14) Ensure that trees, bushes, and other foliage
outside of the dispensary premises do not allow for a
person or persons to conceal themselves from sight;
(15) Develop emergency policies and procedures for
securing all product and currency following any instance of
diversion, theft, or loss of cannabis, and conduct an
assessment to determine whether additional safeguards are
necessary; and
(16) Develop sufficient additional safeguards in
response to any special security concerns, or as required
by the Department.
(d) The Department may request or approve alternative
security provisions that it determines are an adequate
substitute for a security requirement specified in this
Article. Any additional protections may be considered by the
Department in evaluating overall security measures.
(e) A dispensing organization may share premises with a
craft grower or an infuser organization, or both, provided each
licensee stores currency and cannabis or cannabis-infused
products in a separate secured vault to which the other
licensee does not have access or all licensees sharing a vault
share more than 50% of the same ownership.
(f) A dispensing organization shall provide additional
security as needed and in a manner appropriate for the

SB3642 - 1275 - LRB101 20589 WGH 70218 b
community where it operates.
(g) Restricted access areas.
(1) All restricted access areas must be identified by
the posting of a sign that is a minimum of 12 inches by 12
inches and that states "Do Not Enter - Restricted Access
Area - Authorized Personnel Only" in lettering no smaller
than one inch in height.
(2) All restricted access areas shall be clearly
described in the floor plan of the premises, in the form
and manner determined by the Department, reflecting walls,
partitions, counters, and all areas of entry and exit. The
floor plan shall show all storage, disposal, and retail
sales areas.
(3) All restricted access areas must be secure, with
locking devices that prevent access from the limited access
areas.
(h) Security and alarm.
(1) A dispensing organization shall have an adequate
security plan and security system to prevent and detect
diversion, theft, or loss of cannabis, currency, or
unauthorized intrusion using commercial grade equipment
installed by an Illinois licensed private alarm contractor
or private alarm contractor agency that shall, at a
minimum, include:
(i) A perimeter alarm on all entry points and glass
break protection on perimeter windows;

SB3642 - 1276 - LRB101 20589 WGH 70218 b
(ii) Security shatterproof tinted film on exterior
windows;
(iii) A failure notification system that provides
an audible, text, or visual notification of any failure
in the surveillance system, including, but not limited
to, panic buttons, alarms, and video monitoring
system. The failure notification system shall provide
an alert to designated dispensing organization agents
within 5 minutes after the failure, either by telephone
or text message;
(iv) A duress alarm, panic button, and alarm, or
holdup alarm and after-hours intrusion detection alarm
that by design and purpose will directly or indirectly
notify, by the most efficient means, the Public Safety
Answering Point for the law enforcement agency having
primary jurisdiction;
(v) Security equipment to deter and prevent
unauthorized entrance into the dispensary, including
electronic door locks on the limited and restricted
access areas that include devices or a series of
devices to detect unauthorized intrusion that may
include a signal system interconnected with a radio
frequency method, cellular, private radio signals or
other mechanical or electronic device.
(2) All security system equipment and recordings shall
be maintained in good working order, in a secure location

SB3642 - 1277 - LRB101 20589 WGH 70218 b
so as to prevent theft, loss, destruction, or alterations.
(3) Access to surveillance monitoring recording
equipment shall be limited to persons who are essential to
surveillance operations, law enforcement authorities
acting within their jurisdiction, security system service
personnel, and the Department. A current list of authorized
dispensing organization agents and service personnel that
have access to the surveillance equipment must be available
to the Department upon request.
(4) All security equipment shall be inspected and
tested at regular intervals, not to exceed one month from
the previous inspection, and tested to ensure the systems
remain functional.
(5) The security system shall provide protection
against theft and diversion that is facilitated or hidden
by tampering with computers or electronic records.
(6) The dispensary shall ensure all access doors are
not solely controlled by an electronic access panel to
ensure that locks are not released during a power outage.
(i) To monitor the dispensary, the dispensing organization
shall incorporate continuous electronic video monitoring
including the following:
(1) All monitors must be 19 inches or greater;
(2) Unobstructed video surveillance of all enclosed
dispensary areas, unless prohibited by law, including all
points of entry and exit that shall be appropriate for the

SB3642 - 1278 - LRB101 20589 WGH 70218 b
normal lighting conditions of the area under surveillance.
The cameras shall be directed so all areas are captured,
including, but not limited to, safes, vaults, sales areas,
and areas where cannabis is stored, handled, dispensed, or
destroyed. Cameras shall be angled to allow for facial
recognition, the capture of clear and certain
identification of any person entering or exiting the
dispensary area and in lighting sufficient during all times
of night or day;
(3) Unobstructed video surveillance of outside areas,
the storefront, and the parking lot, that shall be
appropriate for the normal lighting conditions of the area
under surveillance. Cameras shall be angled so as to allow
for the capture of facial recognition, clear and certain
identification of any person entering or exiting the
dispensary and the immediate surrounding area, and license
plates of vehicles in the parking lot;
(4) 24-hour recordings from all video cameras
available for immediate viewing by the Department upon
request. Recordings shall not be destroyed or altered and
shall be retained for at least 90 days. Recordings shall be
retained as long as necessary if the dispensing
organization is aware of the loss or theft of cannabis or a
pending criminal, civil, or administrative investigation
or legal proceeding for which the recording may contain
relevant information;

SB3642 - 1279 - LRB101 20589 WGH 70218 b
(5) The ability to immediately produce a clear, color
still photo from the surveillance video, either live or
recorded;
(6) A date and time stamp embedded on all video
surveillance recordings. The date and time shall be
synchronized and set correctly and shall not significantly
obscure the picture;
(7) The ability to remain operational during a power
outage and ensure all access doors are not solely
controlled by an electronic access panel to ensure that
locks are not released during a power outage;
(8) All video surveillance equipment shall allow for
the exporting of still images in an industry standard image
format, including .jpg, .bmp, and .gif. Exported video
shall have the ability to be archived in a proprietary
format that ensures authentication of the video and
guarantees that no alteration of the recorded image has
taken place. Exported video shall also have the ability to
be saved in an industry standard file format that can be
played on a standard computer operating system. All
recordings shall be erased or destroyed before disposal;
(9) The video surveillance system shall be operational
during a power outage with a 4-hour minimum battery backup;
(10) A video camera or cameras recording at each
point-of-sale location allowing for the identification of
the dispensing organization agent distributing the

SB3642 - 1280 - LRB101 20589 WGH 70218 b
cannabis and any purchaser. The camera or cameras shall
capture the sale, the individuals and the computer monitors
used for the sale;
(11) A failure notification system that provides an
audible and visual notification of any failure in the
electronic video monitoring system; and
(12) All electronic video surveillance monitoring must
record at least the equivalent of 8 frames per second and
be available as recordings to the Department and the
Illinois Department of State Police 24 hours a day via a
secure web-based portal with reverse functionality.
(j) The requirements contained in this Act are minimum
requirements for operating a dispensing organization. The
Department may establish additional requirements by rule.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/15-135)
Sec. 15-135. Investigations.
(a) Dispensing organizations are subject to random and
unannounced dispensary inspections and cannabis testing by the
Department, the Illinois Department of State Police, and local
law enforcement.
(b) The Department and its authorized representatives may
enter any place, including a vehicle, in which cannabis is
held, stored, dispensed, sold, produced, delivered,
transported, manufactured, or disposed of and inspect, in a

SB3642 - 1281 - LRB101 20589 WGH 70218 b
reasonable manner, the place and all pertinent equipment,
containers and labeling, and all things including records,
files, financial data, sales data, shipping data, pricing data,
personnel data, research, papers, processes, controls, and
facility, and inventory any stock of cannabis and obtain
samples of any cannabis or cannabis-infused product, any labels
or containers for cannabis, or paraphernalia.
(c) The Department may conduct an investigation of an
applicant, application, dispensing organization, principal
officer, dispensary agent, third party vendor, or any other
party associated with a dispensing organization for an alleged
violation of this Act or rules or to determine qualifications
to be granted a registration by the Department.
(d) The Department may require an applicant or holder of
any license issued pursuant to this Article to produce
documents, records, or any other material pertinent to the
investigation of an application or alleged violations of this
Act or rules. Failure to provide the required material may be
grounds for denial or discipline.
(e) Every person charged with preparation, obtaining, or
keeping records, logs, reports, or other documents in
connection with this Act and rules and every person in charge,
or having custody, of those documents shall, upon request by
the Department, make the documents immediately available for
inspection and copying by the Department, the Department's
authorized representative, or others authorized by law to

SB3642 - 1282 - LRB101 20589 WGH 70218 b
review the documents.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/20-15)
Sec. 20-15. Conditional Adult Use Cultivation Center
application.
(a) If the Department of Agriculture makes available
additional cultivation center licenses pursuant to Section
20-5, applicants for a Conditional Adult Use Cultivation Center
License shall electronically submit the following in such form
as the Department of Agriculture may direct:
(1) the nonrefundable application fee set by rule by
the Department of Agriculture, to be deposited into the
Cannabis Regulation Fund;
(2) the legal name of the cultivation center;
(3) the proposed physical address of the cultivation
center;
(4) the name, address, social security number, and date
of birth of each principal officer and board member of the
cultivation center; each principal officer and board
member shall be at least 21 years of age;
(5) the details of any administrative or judicial
proceeding in which any of the principal officers or board
members of the cultivation center (i) pled guilty, were
convicted, were fined, or had a registration or license
suspended or revoked, or (ii) managed or served on the

SB3642 - 1283 - LRB101 20589 WGH 70218 b
board of a business or non-profit organization that pled
guilty, was convicted, was fined, or had a registration or
license suspended or revoked;
(6) proposed operating bylaws that include procedures
for the oversight of the cultivation center, including the
development and implementation of a plant monitoring
system, accurate recordkeeping, staffing plan, and
security plan approved by the Illinois Department of State
Police that are in accordance with the rules issued by the
Department of Agriculture under this Act. A physical
inventory shall be performed of all plants and cannabis on
a weekly basis by the cultivation center;
(7) verification from the Illinois Department of State
Police that all background checks of the prospective
principal officers, board members, and agents of the
cannabis business establishment have been conducted;
(8) a copy of the current local zoning ordinance or
permit and verification that the proposed cultivation
center is in compliance with the local zoning rules and
distance limitations established by the local
jurisdiction;
(9) proposed employment practices, in which the
applicant must demonstrate a plan of action to inform,
hire, and educate minorities, women, veterans, and persons
with disabilities, engage in fair labor practices, and
provide worker protections;

SB3642 - 1284 - LRB101 20589 WGH 70218 b
(10) whether an applicant can demonstrate experience
in or business practices that promote economic empowerment
in Disproportionately Impacted Areas;
(11) experience with the cultivation of agricultural
or horticultural products, operating an agriculturally
related business, or operating a horticultural business;
(12) a description of the enclosed, locked facility
where cannabis will be grown, harvested, manufactured,
processed, packaged, or otherwise prepared for
distribution to a dispensing organization;
(13) a survey of the enclosed, locked facility,
including the space used for cultivation;
(14) cultivation, processing, inventory, and packaging
plans;
(15) a description of the applicant's experience with
agricultural cultivation techniques and industry
standards;
(16) a list of any academic degrees, certifications, or
relevant experience of all prospective principal officers,
board members, and agents of the related business;
(17) the identity of every person having a financial or
voting interest of 5% or greater in the cultivation center
operation with respect to which the license is sought,
whether a trust, corporation, partnership, limited
liability company, or sole proprietorship, including the
name and address of each person;

SB3642 - 1285 - LRB101 20589 WGH 70218 b
(18) a plan describing how the cultivation center will
address each of the following:
(i) energy needs, including estimates of monthly
electricity and gas usage, to what extent it will
procure energy from a local utility or from on-site
generation, and if it has or will adopt a sustainable
energy use and energy conservation policy;
(ii) water needs, including estimated water draw
and if it has or will adopt a sustainable water use and
water conservation policy; and
(iii) waste management, including if it has or will
adopt a waste reduction policy;
(19) a diversity plan that includes a narrative of not
more than 2,500 words that establishes a goal of diversity
in ownership, management, employment, and contracting to
ensure that diverse participants and groups are afforded
equality of opportunity;
(20) any other information required by rule;
(21) a recycling plan:
(A) Purchaser packaging, including cartridges,
shall be accepted by the applicant and recycled.
(B) Any recyclable waste generated by the cannabis
cultivation facility shall be recycled per applicable
State and local laws, ordinances, and rules.
(C) Any cannabis waste, liquid waste, or hazardous
waste shall be disposed of in accordance with 8 Ill.

SB3642 - 1286 - LRB101 20589 WGH 70218 b
Adm. Code 1000.460, except, to the greatest extent
feasible, all cannabis plant waste will be rendered
unusable by grinding and incorporating the cannabis
plant waste with compostable mixed waste to be disposed
of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);
(22) commitment to comply with local waste provisions:
a cultivation facility must remain in compliance with
applicable State and federal environmental requirements,
including, but not limited to:
(A) storing, securing, and managing all
recyclables and waste, including organic waste
composed of or containing finished cannabis and
cannabis products, in accordance with applicable State
and local laws, ordinances, and rules; and
(B) disposing liquid waste containing cannabis or
byproducts of cannabis processing in compliance with
all applicable State and federal requirements,
including, but not limited to, the cannabis
cultivation facility's permits under Title X of the
Environmental Protection Act; and
(23) a commitment to a technology standard for resource
efficiency of the cultivation center facility.
(A) A cannabis cultivation facility commits to use
resources efficiently, including energy and water. For
the following, a cannabis cultivation facility commits
to meet or exceed the technology standard identified in

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items (i), (ii), (iii), and (iv), which may be modified
by rule:
(i) lighting systems, including light bulbs;
(ii) HVAC system;
(iii) water application system to the crop;
and
(iv) filtration system for removing
contaminants from wastewater.
(B) Lighting. The Lighting Power Densities (LPD)
for cultivation space commits to not exceed an average
of 36 watts per gross square foot of active and growing
space canopy, or all installed lighting technology
shall meet a photosynthetic photon efficacy (PPE) of no
less than 2.2 micromoles per joule fixture and shall be
featured on the DesignLights Consortium (DLC)
Horticultural Specification Qualified Products List
(QPL). In the event that DLC requirement for minimum
efficacy exceeds 2.2 micromoles per joule fixture,
that PPE shall become the new standard.
(C) HVAC.
(i) For cannabis grow operations with less
than 6,000 square feet of canopy, the licensee
commits that all HVAC units will be
high-efficiency ductless split HVAC units, or
other more energy efficient equipment.
(ii) For cannabis grow operations with 6,000

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square feet of canopy or more, the licensee commits
that all HVAC units will be variable refrigerant
flow HVAC units, or other more energy efficient
equipment.
(D) Water application.
(i) The cannabis cultivation facility commits
to use automated watering systems, including, but
not limited to, drip irrigation and flood tables,
to irrigate cannabis crop.
(ii) The cannabis cultivation facility commits
to measure runoff from watering events and report
this volume in its water usage plan, and that on
average, watering events shall have no more than
20% of runoff of water.
(E) Filtration. The cultivator commits that HVAC
condensate, dehumidification water, excess runoff, and
other wastewater produced by the cannabis cultivation
facility shall be captured and filtered to the best of
the facility's ability to achieve the quality needed to
be reused in subsequent watering rounds.
(F) Reporting energy use and efficiency as
required by rule.
(b) Applicants must submit all required information,
including the information required in Section 20-10, to the
Department of Agriculture. Failure by an applicant to submit
all required information may result in the application being

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disqualified.
(c) If the Department of Agriculture receives an
application with missing information, the Department of
Agriculture may issue a deficiency notice to the applicant. The
applicant shall have 10 calendar days from the date of the
deficiency notice to resubmit the incomplete information.
Applications that are still incomplete after this opportunity
to cure will not be scored and will be disqualified.
(e) A cultivation center that is awarded a Conditional
Adult Use Cultivation Center License pursuant to the criteria
in Section 20-20 shall not grow, purchase, possess, or sell
cannabis or cannabis-infused products until the person has
received an Adult Use Cultivation Center License issued by the
Department of Agriculture pursuant to Section 20-21 of this
Act.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/20-30)
Sec. 20-30. Cultivation center requirements; prohibitions.
(a) The operating documents of a cultivation center shall
include procedures for the oversight of the cultivation center
a cannabis plant monitoring system including a physical
inventory recorded weekly, accurate recordkeeping, and a
staffing plan.
(b) A cultivation center shall implement a security plan
reviewed by the Illinois Department of State Police that

SB3642 - 1290 - LRB101 20589 WGH 70218 b
includes, but is not limited to: facility access controls,
perimeter intrusion detection systems, personnel
identification systems, 24-hour surveillance system to monitor
the interior and exterior of the cultivation center facility
and accessibility to authorized law enforcement, the
Department of Public Health where processing takes place, and
the Department of Agriculture in real time.
(c) All cultivation of cannabis by a cultivation center
must take place in an enclosed, locked facility at the physical
address provided to the Department of Agriculture during the
licensing process. The cultivation center location shall only
be accessed by the agents working for the cultivation center,
the Department of Agriculture staff performing inspections,
the Department of Public Health staff performing inspections,
local and State law enforcement or other emergency personnel,
contractors working on jobs unrelated to cannabis, such as
installing or maintaining security devices or performing
electrical wiring, transporting organization agents as
provided in this Act, individuals in a mentoring or educational
program approved by the State, or other individuals as provided
by rule.
(d) A cultivation center may not sell or distribute any
cannabis or cannabis-infused products to any person other than
a dispensing organization, craft grower, infuser organization,
transporter, or as otherwise authorized by rule.
(e) A cultivation center may not either directly or

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indirectly discriminate in price between different dispensing
organizations, craft growers, or infuser organizations that
are purchasing a like grade, strain, brand, and quality of
cannabis or cannabis-infused product. Nothing in this
subsection (e) prevents a cultivation centers from pricing
cannabis differently based on differences in the cost of
manufacturing or processing, the quantities sold, such as
volume discounts, or the way the products are delivered.
(f) All cannabis harvested by a cultivation center and
intended for distribution to a dispensing organization must be
entered into a data collection system, packaged and labeled
under Section 55-21, and placed into a cannabis container for
transport. All cannabis harvested by a cultivation center and
intended for distribution to a craft grower or infuser
organization must be packaged in a labeled cannabis container
and entered into a data collection system before transport.
(g) Cultivation centers are subject to random inspections
by the Department of Agriculture, the Department of Public
Health, local safety or health inspectors, and the Illinois
Department of State Police.
(h) A cultivation center agent shall notify local law
enforcement, the Illinois Department of State Police, and the
Department of Agriculture within 24 hours of the discovery of
any loss or theft. Notification shall be made by phone or in
person, or by written or electronic communication.
(i) A cultivation center shall comply with all State and

SB3642 - 1292 - LRB101 20589 WGH 70218 b
any applicable federal rules and regulations regarding the use
of pesticides on cannabis plants.
(j) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 cultivation centers licensed under this Article.
Further, no person or entity that is employed by, an agent of,
has a contract to receive payment in any form from a
cultivation center, is a principal officer of a cultivation
center, or entity controlled by or affiliated with a principal
officer of a cultivation shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, in a
cultivation that would result in the person or entity owning or
controlling in combination with any cultivation center,
principal officer of a cultivation center, or entity controlled
or affiliated with a principal officer of a cultivation center
by which he, she, or it is employed, is an agent of, or
participates in the management of, more than 3 cultivation
center licenses.
(k) A cultivation center may not contain more than 210,000
square feet of canopy space for plants in the flowering stage
for cultivation of adult use cannabis as provided in this Act.
(l) A cultivation center may process cannabis, cannabis
concentrates, and cannabis-infused products.
(m) Beginning July 1, 2020, a cultivation center shall not
transport cannabis or cannabis-infused products to a craft
grower, dispensing organization, infuser organization, or

SB3642 - 1293 - LRB101 20589 WGH 70218 b
laboratory licensed under this Act, unless it has obtained a
transporting organization license.
(n) It is unlawful for any person having a cultivation
center license or any officer, associate, member,
representative, or agent of such licensee to offer or deliver
money, or anything else of value, directly or indirectly to any
person having an Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any person connected with or in any way
representing, or to any member of the family of, such person
holding an Early Approval Adult Use Dispensing Organization
License, a Conditional Adult Use Dispensing Organization
License, an Adult Use Dispensing Organization License, or a
medical cannabis dispensing organization license issued under
the Compassionate Use of Medical Cannabis Program Act, or to
any stockholders in any corporation engaged in the retail sale
of cannabis, or to any officer, manager, agent, or
representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing

SB3642 - 1294 - LRB101 20589 WGH 70218 b
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.
(o) A cultivation center must comply with any other
requirements or prohibitions set by administrative rule of the
Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/20-35)
Sec. 20-35. Cultivation center agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act, and approve
or deny an application within 30 days of receiving a
completed initial application or renewal application and
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the cultivation center

SB3642 - 1295 - LRB101 20589 WGH 70218 b
where the agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of the cultivation
center at which the agent is employed.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the cultivation center employing
the agent.
(d) An agent identification card shall be immediately
returned to the cultivation center of the agent upon
termination of his or her employment.
(e) Any agent identification card lost by a cultivation

SB3642 - 1296 - LRB101 20589 WGH 70218 b
center agent shall be reported to the Illinois Department of
State Police and the Department of Agriculture immediately upon
discovery of the loss.
(f) The Department of Agriculture shall not issue an agent
identification card if the applicant is delinquent in filing
any required tax returns or paying any amounts owed to the
State of Illinois.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/20-40)
Sec. 20-40. Cultivation center background checks.
(a) Through the Illinois Department of State Police, the
Department of Agriculture shall conduct a background check of
the prospective principal officers, board members, and agents
of a cultivation center applying for a license or
identification card under this Act. The Illinois Department of
State Police shall charge a fee set by rule for conducting the
criminal history record check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the record check. In order to carry out this provision,
each cultivation center prospective principal officer, board
member, or agent shall submit a full set of fingerprints to the
Illinois Department of State Police for the purpose of
obtaining a State and federal criminal records check. These
fingerprints shall be checked against the fingerprint records
now and hereafter, to the extent allowed by law, filed in the

SB3642 - 1297 - LRB101 20589 WGH 70218 b
Illinois Department of State Police and Federal Bureau of
Investigation criminal history records databases. The Illinois
Department of State Police shall furnish, following positive
identification, all conviction information to the Department
of Agriculture.
(b) When applying for the initial license or identification
card, the background checks for all prospective principal
officers, board members, and agents shall be completed before
submitting the application to the licensing or issuing agency.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/25-30)
(Section scheduled to be repealed on July 1, 2026)
Sec. 25-30. Inspection rights.
(a) A licensee's enclosed, locked facilities are subject to
random inspections by the Department and the Illinois
Department of State Police.
(b) Nothing in this Section shall be construed to give the
Department or the Illinois Department of State Police a right
of inspection or access to any location on the licensee's
premises beyond the facilities licensed under this Article.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/25-35)
(Section scheduled to be repealed on July 1, 2026)
Sec. 25-35. Community College Cannabis Vocational Training

SB3642 - 1298 - LRB101 20589 WGH 70218 b
Pilot Program faculty participant agent identification card.
(a) The Department shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Article and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Article, and
approve or deny an application within 30 days of receiving
a completed initial application or renewal application and
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the community college
where the agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. Each Department may by rule require prospective
agents to file their applications by electronic means and
to provide notices to the agents by electronic means.
(b) An agent must keep his or her identification card
visible at all times when in the enclosed, locked facility, or

SB3642 - 1299 - LRB101 20589 WGH 70218 b
facilities for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the community college employing
the agent.
(d) An agent identification card shall be immediately
returned to the community college of the agent upon termination
of his or her employment.
(e) Any agent identification card lost shall be reported to
the Illinois Department of State Police and the Department of
Agriculture immediately upon discovery of the loss.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/30-10)
Sec. 30-10. Application.
(a) When applying for a license, the applicant shall
electronically submit the following in such form as the
Department of Agriculture may direct:
(1) the nonrefundable application fee of $5,000 to be

SB3642 - 1300 - LRB101 20589 WGH 70218 b
deposited into the Cannabis Regulation Fund, or another
amount as the Department of Agriculture may set by rule
after January 1, 2021;
(2) the legal name of the craft grower;
(3) the proposed physical address of the craft grower;
(4) the name, address, social security number, and date
of birth of each principal officer and board member of the
craft grower; each principal officer and board member shall
be at least 21 years of age;
(5) the details of any administrative or judicial
proceeding in which any of the principal officers or board
members of the craft grower (i) pled guilty, were
convicted, were fined, or had a registration or license
suspended or revoked or (ii) managed or served on the board
of a business or non-profit organization that pled guilty,
was convicted, was fined, or had a registration or license
suspended or revoked;
(6) proposed operating bylaws that include procedures
for the oversight of the craft grower, including the
development and implementation of a plant monitoring
system, accurate recordkeeping, staffing plan, and
security plan approved by the Illinois Department of State
Police that are in accordance with the rules issued by the
Department of Agriculture under this Act; a physical
inventory shall be performed of all plants and on a weekly
basis by the craft grower;

SB3642 - 1301 - LRB101 20589 WGH 70218 b
(7) verification from the Illinois Department of State
Police that all background checks of the prospective
principal officers, board members, and agents of the
cannabis business establishment have been conducted;
(8) a copy of the current local zoning ordinance or
permit and verification that the proposed craft grower is
in compliance with the local zoning rules and distance
limitations established by the local jurisdiction;
(9) proposed employment practices, in which the
applicant must demonstrate a plan of action to inform,
hire, and educate minorities, women, veterans, and persons
with disabilities, engage in fair labor practices, and
provide worker protections;
(10) whether an applicant can demonstrate experience
in or business practices that promote economic empowerment
in Disproportionately Impacted Areas;
(11) experience with the cultivation of agricultural
or horticultural products, operating an agriculturally
related business, or operating a horticultural business;
(12) a description of the enclosed, locked facility
where cannabis will be grown, harvested, manufactured,
packaged, or otherwise prepared for distribution to a
dispensing organization or other cannabis business
establishment;
(13) a survey of the enclosed, locked facility,
including the space used for cultivation;

SB3642 - 1302 - LRB101 20589 WGH 70218 b
(14) cultivation, processing, inventory, and packaging
plans;
(15) a description of the applicant's experience with
agricultural cultivation techniques and industry
standards;
(16) a list of any academic degrees, certifications, or
relevant experience of all prospective principal officers,
board members, and agents of the related business;
(17) the identity of every person having a financial or
voting interest of 5% or greater in the craft grower
operation, whether a trust, corporation, partnership,
limited liability company, or sole proprietorship,
including the name and address of each person;
(18) a plan describing how the craft grower will
address each of the following:
(i) energy needs, including estimates of monthly
electricity and gas usage, to what extent it will
procure energy from a local utility or from on-site
generation, and if it has or will adopt a sustainable
energy use and energy conservation policy;
(ii) water needs, including estimated water draw
and if it has or will adopt a sustainable water use and
water conservation policy; and
(iii) waste management, including if it has or will
adopt a waste reduction policy;
(19) a recycling plan:

SB3642 - 1303 - LRB101 20589 WGH 70218 b
(A) Purchaser packaging, including cartridges,
shall be accepted by the applicant and recycled.
(B) Any recyclable waste generated by the craft
grower facility shall be recycled per applicable State
and local laws, ordinances, and rules.
(C) Any cannabis waste, liquid waste, or hazardous
waste shall be disposed of in accordance with 8 Ill.
Adm. Code 1000.460, except, to the greatest extent
feasible, all cannabis plant waste will be rendered
unusable by grinding and incorporating the cannabis
plant waste with compostable mixed waste to be disposed
of in accordance with 8 Ill. Adm. Code 1000.460(g)(1);
(20) a commitment to comply with local waste
provisions: a craft grower facility must remain in
compliance with applicable State and federal environmental
requirements, including, but not limited to:
(A) storing, securing, and managing all
recyclables and waste, including organic waste
composed of or containing finished cannabis and
cannabis products, in accordance with applicable State
and local laws, ordinances, and rules; and
(B) disposing liquid waste containing cannabis or
byproducts of cannabis processing in compliance with
all applicable State and federal requirements,
including, but not limited to, the cannabis
cultivation facility's permits under Title X of the

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Environmental Protection Act;
(21) a commitment to a technology standard for resource
efficiency of the craft grower facility.
(A) A craft grower facility commits to use
resources efficiently, including energy and water. For
the following, a cannabis cultivation facility commits
to meet or exceed the technology standard identified in
paragraphs (i), (ii), (iii), and (iv), which may be
modified by rule:
(i) lighting systems, including light bulbs;
(ii) HVAC system;
(iii) water application system to the crop;
and
(iv) filtration system for removing
contaminants from wastewater.
(B) Lighting. The Lighting Power Densities (LPD)
for cultivation space commits to not exceed an average
of 36 watts per gross square foot of active and growing
space canopy, or all installed lighting technology
shall meet a photosynthetic photon efficacy (PPE) of no
less than 2.2 micromoles per joule fixture and shall be
featured on the DesignLights Consortium (DLC)
Horticultural Specification Qualified Products List
(QPL). In the event that DLC requirement for minimum
efficacy exceeds 2.2 micromoles per joule fixture,
that PPE shall become the new standard.

SB3642 - 1305 - LRB101 20589 WGH 70218 b
(C) HVAC.
(i) For cannabis grow operations with less
than 6,000 square feet of canopy, the licensee
commits that all HVAC units will be
high-efficiency ductless split HVAC units, or
other more energy efficient equipment.
(ii) For cannabis grow operations with 6,000
square feet of canopy or more, the licensee commits
that all HVAC units will be variable refrigerant
flow HVAC units, or other more energy efficient
equipment.
(D) Water application.
(i) The craft grower facility commits to use
automated watering systems, including, but not
limited to, drip irrigation and flood tables, to
irrigate cannabis crop.
(ii) The craft grower facility commits to
measure runoff from watering events and report
this volume in its water usage plan, and that on
average, watering events shall have no more than
20% of runoff of water.
(E) Filtration. The craft grower commits that HVAC
condensate, dehumidification water, excess runoff, and
other wastewater produced by the craft grower facility
shall be captured and filtered to the best of the
facility's ability to achieve the quality needed to be

SB3642 - 1306 - LRB101 20589 WGH 70218 b
reused in subsequent watering rounds.
(F) Reporting energy use and efficiency as
required by rule; and
(22) any other information required by rule.
(b) Applicants must submit all required information,
including the information required in Section 30-15, to the
Department of Agriculture. Failure by an applicant to submit
all required information may result in the application being
disqualified.
(c) If the Department of Agriculture receives an
application with missing information, the Department of
Agriculture may issue a deficiency notice to the applicant. The
applicant shall have 10 calendar days from the date of the
deficiency notice to resubmit the incomplete information.
Applications that are still incomplete after this opportunity
to cure will not be scored and will be disqualified.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/30-30)
Sec. 30-30. Craft grower requirements; prohibitions.
(a) The operating documents of a craft grower shall include
procedures for the oversight of the craft grower, a cannabis
plant monitoring system including a physical inventory
recorded weekly, accurate recordkeeping, and a staffing plan.
(b) A craft grower shall implement a security plan reviewed
by the Illinois Department of State Police that includes, but

SB3642 - 1307 - LRB101 20589 WGH 70218 b
is not limited to: facility access controls, perimeter
intrusion detection systems, personnel identification systems,
and a 24-hour surveillance system to monitor the interior and
exterior of the craft grower facility and that is accessible to
authorized law enforcement and the Department of Agriculture in
real time.
(c) All cultivation of cannabis by a craft grower must take
place in an enclosed, locked facility at the physical address
provided to the Department of Agriculture during the licensing
process. The craft grower location shall only be accessed by
the agents working for the craft grower, the Department of
Agriculture staff performing inspections, the Department of
Public Health staff performing inspections, State and local law
enforcement or other emergency personnel, contractors working
on jobs unrelated to cannabis, such as installing or
maintaining security devices or performing electrical wiring,
transporting organization agents as provided in this Act, or
participants in the incubator program, individuals in a
mentoring or educational program approved by the State, or
other individuals as provided by rule. However, if a craft
grower shares a premises with an infuser or dispensing
organization, agents from those other licensees may access the
craft grower portion of the premises if that is the location of
common bathrooms, lunchrooms, locker rooms, or other areas of
the building where work or cultivation of cannabis is not
performed. At no time may an infuser or dispensing organization

SB3642 - 1308 - LRB101 20589 WGH 70218 b
agent perform work at a craft grower without being a registered
agent of the craft grower.
(d) A craft grower may not sell or distribute any cannabis
to any person other than a cultivation center, a craft grower,
an infuser organization, a dispensing organization, or as
otherwise authorized by rule.
(e) A craft grower may not be located in an area zoned for
residential use.
(f) A craft grower may not either directly or indirectly
discriminate in price between different cannabis business
establishments that are purchasing a like grade, strain, brand,
and quality of cannabis or cannabis-infused product. Nothing in
this subsection (f) prevents a craft grower from pricing
cannabis differently based on differences in the cost of
manufacturing or processing, the quantities sold, such as
volume discounts, or the way the products are delivered.
(g) All cannabis harvested by a craft grower and intended
for distribution to a dispensing organization must be entered
into a data collection system, packaged and labeled under
Section 55-21, and, if distribution is to a dispensing
organization that does not share a premises with the dispensing
organization receiving the cannabis, placed into a cannabis
container for transport. All cannabis harvested by a craft
grower and intended for distribution to a cultivation center,
to an infuser organization, or to a craft grower with which it
does not share a premises, must be packaged in a labeled

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cannabis container and entered into a data collection system
before transport.
(h) Craft growers are subject to random inspections by the
Department of Agriculture, local safety or health inspectors,
and the Illinois Department of State Police.
(i) A craft grower agent shall notify local law
enforcement, the Illinois Department of State Police, and the
Department of Agriculture within 24 hours of the discovery of
any loss or theft. Notification shall be made by phone, in
person, or written or electronic communication.
(j) A craft grower shall comply with all State and any
applicable federal rules and regulations regarding the use of
pesticides.
(k) A craft grower or craft grower agent shall not
transport cannabis or cannabis-infused products to any other
cannabis business establishment without a transport
organization license unless:
(i) If the craft grower is located in a county with a
population of 3,000,000 or more, the cannabis business
establishment receiving the cannabis is within 2,000 feet
of the property line of the craft grower;
(ii) If the craft grower is located in a county with a
population of more than 700,000 but fewer than 3,000,000,
the cannabis business establishment receiving the cannabis
is within 2 miles of the craft grower; or
(iii) If the craft grower is located in a county with a

SB3642 - 1310 - LRB101 20589 WGH 70218 b
population of fewer than 700,000, the cannabis business
establishment receiving the cannabis is within 15 miles of
the craft grower.
(l) A craft grower may enter into a contract with a
transporting organization to transport cannabis to a
cultivation center, a craft grower, an infuser organization, a
dispensing organization, or a laboratory.
(m) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 craft grower licenses. Further, no person or entity
that is employed by, an agent of, or has a contract to receive
payment from or participate in the management of a craft
grower, is a principal officer of a craft grower, or entity
controlled by or affiliated with a principal officer of a craft
grower shall hold any legal, equitable, ownership, or
beneficial interest, directly or indirectly, in a craft grower
license that would result in the person or entity owning or
controlling in combination with any craft grower, principal
officer of a craft grower, or entity controlled or affiliated
with a principal officer of a craft grower by which he, she, or
it is employed, is an agent of, or participates in the
management of more than 3 craft grower licenses.
(n) It is unlawful for any person having a craft grower
license or any officer, associate, member, representative, or
agent of the licensee to offer or deliver money, or anything
else of value, directly or indirectly, to any person having an

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Early Approval Adult Use Dispensing Organization License, a
Conditional Adult Use Dispensing Organization License, an
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act, or to any
person connected with or in any way representing, or to any
member of the family of, the person holding an Early Approval
Adult Use Dispensing Organization License, a Conditional Adult
Use Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act, or to any stockholders in any
corporation engaged in the retail sale of cannabis, or to any
officer, manager, agent, or representative of the Early
Approval Adult Use Dispensing Organization License, a
Conditional Adult Use Dispensing Organization License, an
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act to obtain
preferential placement within the dispensing organization,
including, without limitation, on shelves and in display cases
where purchasers can view products, or on the dispensing
organization's website.
(o) A craft grower shall not be located within 1,500 feet
of another craft grower or a cultivation center.
(p) A craft grower may process cannabis, cannabis

SB3642 - 1312 - LRB101 20589 WGH 70218 b
concentrates, and cannabis-infused products.
(q) A craft grower must comply with any other requirements
or prohibitions set by administrative rule of the Department of
Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/30-35)
Sec. 30-35. Craft grower agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act and approve or
deny an application within 30 days of receiving a completed
initial application or renewal application and all
supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the craft grower where
the agent works; and
(5) allow for an electronic initial application and

SB3642 - 1313 - LRB101 20589 WGH 70218 b
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment, including the craft grower
organization for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the craft grower organization
employing the agent.
(d) An agent identification card shall be immediately
returned to the cannabis business establishment of the agent
upon termination of his or her employment.
(e) Any agent identification card lost by a craft grower
agent shall be reported to the Illinois Department of State

SB3642 - 1314 - LRB101 20589 WGH 70218 b
Police and the Department of Agriculture immediately upon
discovery of the loss.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/30-40)
Sec. 30-40. Craft grower background checks.
(a) Through the Illinois Department of State Police, the
Department of Agriculture shall conduct a background check of
the prospective principal officers, board members, and agents
of a craft grower applying for a license or identification card
under this Act. The Illinois Department of State Police shall
charge a fee set by rule for conducting the criminal history
record check, which shall be deposited into the State Police
Services Fund and shall not exceed the actual cost of the
record check. In order to carry out this Section, each craft
grower organization's prospective principal officer, board
member, or agent shall submit a full set of fingerprints to the
Illinois Department of State Police for the purpose of
obtaining a State and federal criminal records check. These
fingerprints shall be checked against the fingerprint records
now and hereafter, to the extent allowed by law, filed in the
Illinois Department of State Police and Federal Bureau of
Investigation criminal history records databases. The Illinois
Department of State Police shall furnish, following positive
identification, all conviction information to the Department
of Agriculture.

SB3642 - 1315 - LRB101 20589 WGH 70218 b
(b) When applying for the initial license or identification
card, the background checks for all prospective principal
officers, board members, and agents shall be completed before
submitting the application to the licensing or issuing agency.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/35-10)
Sec. 35-10. Application.
(a) When applying for a license, the applicant shall
electronically submit the following in such form as the
Department of Agriculture may direct:
(1) the nonrefundable application fee of $5,000 or,
after January 1, 2021, another amount as set by rule by the
Department of Agriculture, to be deposited into the
Cannabis Regulation Fund;
(2) the legal name of the infuser;
(3) the proposed physical address of the infuser;
(4) the name, address, social security number, and date
of birth of each principal officer and board member of the
infuser; each principal officer and board member shall be
at least 21 years of age;
(5) the details of any administrative or judicial
proceeding in which any of the principal officers or board
members of the infuser (i) pled guilty, were convicted,
fined, or had a registration or license suspended or
revoked, or (ii) managed or served on the board of a

SB3642 - 1316 - LRB101 20589 WGH 70218 b
business or non-profit organization that pled guilty, was
convicted, fined, or had a registration or license
suspended or revoked;
(6) proposed operating bylaws that include procedures
for the oversight of the infuser, including the development
and implementation of a plant monitoring system, accurate
recordkeeping, staffing plan, and security plan approved
by the Illinois Department of State Police that are in
accordance with the rules issued by the Department of
Agriculture under this Act; a physical inventory of all
cannabis shall be performed on a weekly basis by the
infuser;
(7) verification from the Illinois Department of State
Police that all background checks of the prospective
principal officers, board members, and agents of the
infuser organization have been conducted;
(8) a copy of the current local zoning ordinance and
verification that the proposed infuser is in compliance
with the local zoning rules and distance limitations
established by the local jurisdiction;
(9) proposed employment practices, in which the
applicant must demonstrate a plan of action to inform,
hire, and educate minorities, women, veterans, and persons
with disabilities, engage in fair labor practices, and
provide worker protections;
(10) whether an applicant can demonstrate experience

SB3642 - 1317 - LRB101 20589 WGH 70218 b
in or business practices that promote economic empowerment
in Disproportionately Impacted Areas;
(11) experience with infusing products with cannabis
concentrate;
(12) a description of the enclosed, locked facility
where cannabis will be infused, packaged, or otherwise
prepared for distribution to a dispensing organization or
other infuser;
(13) processing, inventory, and packaging plans;
(14) a description of the applicant's experience with
operating a commercial kitchen or laboratory preparing
products for human consumption;
(15) a list of any academic degrees, certifications, or
relevant experience of all prospective principal officers,
board members, and agents of the related business;
(16) the identity of every person having a financial or
voting interest of 5% or greater in the infuser operation
with respect to which the license is sought, whether a
trust, corporation, partnership, limited liability
company, or sole proprietorship, including the name and
address of each person;
(17) a plan describing how the infuser will address
each of the following:
(i) energy needs, including estimates of monthly
electricity and gas usage, to what extent it will
procure energy from a local utility or from on-site

SB3642 - 1318 - LRB101 20589 WGH 70218 b
generation, and if it has or will adopt a sustainable
energy use and energy conservation policy;
(ii) water needs, including estimated water draw,
and if it has or will adopt a sustainable water use and
water conservation policy; and
(iii) waste management, including if it has or will
adopt a waste reduction policy;
(18) a recycling plan:
(A) a commitment that any recyclable waste
generated by the infuser shall be recycled per
applicable State and local laws, ordinances, and
rules; and
(B) a commitment to comply with local waste
provisions. An infuser commits to remain in compliance
with applicable State and federal environmental
requirements, including, but not limited to, storing,
securing, and managing all recyclables and waste,
including organic waste composed of or containing
finished cannabis and cannabis products, in accordance
with applicable State and local laws, ordinances, and
rules; and
(19) any other information required by rule.
(b) Applicants must submit all required information,
including the information required in Section 35-15, to the
Department of Agriculture. Failure by an applicant to submit
all required information may result in the application being

SB3642 - 1319 - LRB101 20589 WGH 70218 b
disqualified.
(c) If the Department of Agriculture receives an
application with missing information, the Department of
Agriculture may issue a deficiency notice to the applicant. The
applicant shall have 10 calendar days from the date of the
deficiency notice to resubmit the incomplete information.
Applications that are still incomplete after this opportunity
to cure will not be scored and will be disqualified.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/35-25)
Sec. 35-25. Infuser organization requirements;
prohibitions.
(a) The operating documents of an infuser shall include
procedures for the oversight of the infuser, an inventory
monitoring system including a physical inventory recorded
weekly, accurate recordkeeping, and a staffing plan.
(b) An infuser shall implement a security plan reviewed by
the Illinois Department of State Police that includes, but is
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, and a
24-hour surveillance system to monitor the interior and
exterior of the infuser facility and that is accessible to
authorized law enforcement, the Department of Public Health,
and the Department of Agriculture in real time.
(c) All processing of cannabis by an infuser must take

SB3642 - 1320 - LRB101 20589 WGH 70218 b
place in an enclosed, locked facility at the physical address
provided to the Department of Agriculture during the licensing
process. The infuser location shall only be accessed by the
agents working for the infuser, the Department of Agriculture
staff performing inspections, the Department of Public Health
staff performing inspections, State and local law enforcement
or other emergency personnel, contractors working on jobs
unrelated to cannabis, such as installing or maintaining
security devices or performing electrical wiring, transporting
organization agents as provided in this Act, participants in
the incubator program, individuals in a mentoring or
educational program approved by the State, local safety or
health inspectors, or other individuals as provided by rule.
However, if an infuser shares a premises with a craft grower or
dispensing organization, agents from these other licensees may
access the infuser portion of the premises if that is the
location of common bathrooms, lunchrooms, locker rooms, or
other areas of the building where processing of cannabis is not
performed. At no time may a craft grower or dispensing
organization agent perform work at an infuser without being a
registered agent of the infuser.
(d) An infuser may not sell or distribute any cannabis to
any person other than a dispensing organization, or as
otherwise authorized by rule.
(e) An infuser may not either directly or indirectly
discriminate in price between different cannabis business

SB3642 - 1321 - LRB101 20589 WGH 70218 b
establishments that are purchasing a like grade, strain, brand,
and quality of cannabis or cannabis-infused product. Nothing in
this subsection (e) prevents an infuser from pricing cannabis
differently based on differences in the cost of manufacturing
or processing, the quantities sold, such volume discounts, or
the way the products are delivered.
(f) All cannabis infused by an infuser and intended for
distribution to a dispensing organization must be entered into
a data collection system, packaged and labeled under Section
55-21, and, if distribution is to a dispensing organization
that does not share a premises with the infuser, placed into a
cannabis container for transport. All cannabis produced by an
infuser and intended for distribution to a cultivation center,
infuser organization, or craft grower with which it does not
share a premises, must be packaged in a labeled cannabis
container and entered into a data collection system before
transport.
(g) Infusers are subject to random inspections by the
Department of Agriculture, the Department of Public Health, the
Illinois Department of State Police, and local law enforcement.
(h) An infuser agent shall notify local law enforcement,
the Illinois Department of State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone, in person, or by
written or electronic communication.
(i) An infuser organization may not be located in an area

SB3642 - 1322 - LRB101 20589 WGH 70218 b
zoned for residential use.
(j) An infuser or infuser agent shall not transport
cannabis or cannabis-infused products to any other cannabis
business establishment without a transport organization
license unless:
(i) If the infuser is located in a county with a
population of 3,000,000 or more, the cannabis business
establishment receiving the cannabis or cannabis-infused
product is within 2,000 feet of the property line of the
infuser;
(ii) If the infuser is located in a county with a
population of more than 700,000 but fewer than 3,000,000,
the cannabis business establishment receiving the cannabis
or cannabis-infused product is within 2 miles of the
infuser; or
(iii) If the infuser is located in a county with a
population of fewer than 700,000, the cannabis business
establishment receiving the cannabis or cannabis-infused
product is within 15 miles of the infuser.
(k) An infuser may enter into a contract with a
transporting organization to transport cannabis to a
dispensing organization or a laboratory.
(l) An infuser organization may share premises with a craft
grower or a dispensing organization, or both, provided each
licensee stores currency and cannabis or cannabis-infused
products in a separate secured vault to which the other

SB3642 - 1323 - LRB101 20589 WGH 70218 b
licensee does not have access or all licensees sharing a vault
share more than 50% of the same ownership.
(m) It is unlawful for any person or entity having an
infuser organization license or any officer, associate,
member, representative or agent of such licensee to offer or
deliver money, or anything else of value, directly or
indirectly to any person having an Early Approval Adult Use
Dispensing Organization License, a Conditional Adult Use
Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act, or to any person connected with
or in any way representing, or to any member of the family of,
such person holding an Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any stockholders in any corporation engaged the
retail sales of cannabis, or to any officer, manager, agent, or
representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing

SB3642 - 1324 - LRB101 20589 WGH 70218 b
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.
(n) At no time shall an infuser organization or an infuser
agent perform the extraction of cannabis concentrate from
cannabis flower.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/35-30)
Sec. 35-30. Infuser agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act, and approve
or deny an application within 30 days of receiving a
completed initial application or renewal application and
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the infuser where the

SB3642 - 1325 - LRB101 20589 WGH 70218 b
agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment including the cannabis business
establishment for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the infuser organization
employing the agent.
(d) An agent identification card shall be immediately
returned to the infuser organization of the agent upon
termination of his or her employment.

SB3642 - 1326 - LRB101 20589 WGH 70218 b
(e) Any agent identification card lost by a transporting
agent shall be reported to the Illinois Department of State
Police and the Department of Agriculture immediately upon
discovery of the loss.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/40-10)
Sec. 40-10. Application.
(a) When applying for a transporting organization license,
the applicant shall submit the following in such form as the
Department of Agriculture may direct:
(1) the nonrefundable application fee of $5,000 or,
after January 1, 2021, another amount as set by rule by the
Department of Agriculture, to be deposited into the
Cannabis Regulation Fund;
(2) the legal name of the transporting organization;
(3) the proposed physical address of the transporting
organization, if one is proposed;
(4) the name, address, social security number, and date
of birth of each principal officer and board member of the
transporting organization; each principal officer and
board member shall be at least 21 years of age;
(5) the details of any administrative or judicial
proceeding in which any of the principal officers or board
members of the transporting organization (i) pled guilty,
were convicted, fined, or had a registration or license

SB3642 - 1327 - LRB101 20589 WGH 70218 b
suspended or revoked, or (ii) managed or served on the
board of a business or non-profit organization that pled
guilty, was convicted, fined, or had a registration or
license suspended or revoked;
(6) proposed operating bylaws that include procedures
for the oversight of the transporting organization,
including the development and implementation of an
accurate recordkeeping plan, staffing plan, and security
plan approved by the Illinois Department of State Police
that are in accordance with the rules issued by the
Department of Agriculture under this Act; a physical
inventory shall be performed of all cannabis on a weekly
basis by the transporting organization;
(7) verification from the Illinois Department of State
Police that all background checks of the prospective
principal officers, board members, and agents of the
transporting organization have been conducted;
(8) a copy of the current local zoning ordinance or
permit and verification that the proposed transporting
organization is in compliance with the local zoning rules
and distance limitations established by the local
jurisdiction, if the transporting organization has a
business address;
(9) proposed employment practices, in which the
applicant must demonstrate a plan of action to inform,
hire, and educate minorities, women, veterans, and persons

SB3642 - 1328 - LRB101 20589 WGH 70218 b
with disabilities, engage in fair labor practices, and
provide worker protections;
(10) whether an applicant can demonstrate experience
in or business practices that promote economic empowerment
in Disproportionately Impacted Areas;
(11) the number and type of equipment the transporting
organization will use to transport cannabis and
cannabis-infused products;
(12) loading, transporting, and unloading plans;
(13) a description of the applicant's experience in the
distribution or security business;
(14) the identity of every person having a financial or
voting interest of 5% or more in the transporting
organization with respect to which the license is sought,
whether a trust, corporation, partnership, limited
liability company, or sole proprietorship, including the
name and address of each person; and
(15) any other information required by rule.
(b) Applicants must submit all required information,
including the information required in Section 40-35 to the
Department. Failure by an applicant to submit all required
information may result in the application being disqualified.
(c) If the Department receives an application with missing
information, the Department of Agriculture may issue a
deficiency notice to the applicant. The applicant shall have 10
calendar days from the date of the deficiency notice to

SB3642 - 1329 - LRB101 20589 WGH 70218 b
resubmit the incomplete information. Applications that are
still incomplete after this opportunity to cure will not be
scored and will be disqualified.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/40-25)
Sec. 40-25. Transporting organization requirements;
prohibitions.
(a) The operating documents of a transporting organization
shall include procedures for the oversight of the transporter,
an inventory monitoring system including a physical inventory
recorded weekly, accurate recordkeeping, and a staffing plan.
(b) A transporting organization may not transport cannabis
or cannabis-infused products to any person other than a
cultivation center, a craft grower, an infuser organization, a
dispensing organization, a testing facility, or as otherwise
authorized by rule.
(c) All cannabis transported by a transporting
organization must be entered into a data collection system and
placed into a cannabis container for transport.
(d) Transporters are subject to random inspections by the
Department of Agriculture, the Department of Public Health, and
the Illinois Department of State Police.
(e) A transporting organization agent shall notify local
law enforcement, the Illinois Department of State Police, and
the Department of Agriculture within 24 hours of the discovery

SB3642 - 1330 - LRB101 20589 WGH 70218 b
of any loss or theft. Notification shall be made by phone, in
person, or by written or electronic communication.
(f) No person under the age of 21 years shall be in a
commercial vehicle or trailer transporting cannabis goods.
(g) No person or individual who is not a transporting
organization agent shall be in a vehicle while transporting
cannabis goods.
(h) Transporters may not use commercial motor vehicles with
a weight rating of over 10,001 pounds.
(i) It is unlawful for any person to offer or deliver
money, or anything else of value, directly or indirectly, to
any of the following persons to obtain preferential placement
within the dispensing organization, including, without
limitation, on shelves and in display cases where purchasers
can view products, or on the dispensing organization's website:
(1) a person having a transporting organization
license, or any officer, associate, member,
representative, or agent of the licensee;
(2) a person having an Early Applicant Adult Use
Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act;
(3) a person connected with or in any way representing,
or a member of the family of, a person holding an Early
Applicant Adult Use Dispensing Organization License, an

SB3642 - 1331 - LRB101 20589 WGH 70218 b
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act; or
(4) a stockholder, officer, manager, agent, or
representative of a corporation engaged in the retail sale
of cannabis, an Early Applicant Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization
license issued under the Compassionate Use of Medical
Cannabis Program Act.
(j) A transporting organization agent must keep his or her
identification card visible at all times when on the property
of a cannabis business establishment and during the
transporting of cannabis when acting under his or her duties as
a transportation organization agent. During these times, the
transporting organization agent must also provide the
identification card upon request of any law enforcement officer
engaged in his or her official duties.
(k) A copy of the transporting organization's registration
and a manifest for the delivery shall be present in any vehicle
transporting cannabis.
(l) Cannabis shall be transported so it is not visible or
recognizable from outside the vehicle.
(m) A vehicle transporting cannabis must not bear any
markings to indicate the vehicle contains cannabis or bear the
name or logo of the cannabis business establishment.

SB3642 - 1332 - LRB101 20589 WGH 70218 b
(n) Cannabis must be transported in an enclosed, locked
storage compartment that is secured or affixed to the vehicle.
(o) The Department of Agriculture may, by rule, impose any
other requirements or prohibitions on the transportation of
cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/40-30)
Sec. 40-30. Transporting agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act and approve or
deny an application within 30 days of receiving a completed
initial application or renewal application and all
supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the transporting
organization where the agent works; and

SB3642 - 1333 - LRB101 20589 WGH 70218 b
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment, including the cannabis business
establishment for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4 letters
that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the transporting organization
employing the agent.
(d) An agent identification card shall be immediately
returned to the transporting organization of the agent upon
termination of his or her employment.
(e) Any agent identification card lost by a transporting

SB3642 - 1334 - LRB101 20589 WGH 70218 b
agent shall be reported to the Illinois Department of State
Police and the Department of Agriculture immediately upon
discovery of the loss.
(f) An application for an agent identification card shall
be denied if the applicant is delinquent in filing any required
tax returns or paying any amounts owed to the State of
Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/40-35)
Sec. 40-35. Transporting organization background checks.
(a) Through the Illinois Department of State Police, the
Department of Agriculture shall conduct a background check of
the prospective principal officers, board members, and agents
of a transporter applying for a license or identification card
under this Act. The Illinois Department of State Police shall
charge a fee set by rule for conducting the criminal history
record check, which shall be deposited into the State Police
Services Fund and shall not exceed the actual cost of the
record check. In order to carry out this provision, each
transporting organization's prospective principal officer,
board member, or agent shall submit a full set of fingerprints
to the Illinois Department of State Police for the purpose of
obtaining a State and federal criminal records check. These
fingerprints shall be checked against the fingerprint records
now and hereafter, to the extent allowed by law, filed in the

SB3642 - 1335 - LRB101 20589 WGH 70218 b
Illinois Department of State Police and Federal Bureau of
Investigation criminal history records databases. The Illinois
Department of State Police shall furnish, following positive
identification, all conviction information to the Department
of Agriculture.
(b) When applying for the initial license or identification
card, the background checks for all prospective principal
officers, board members, and agents shall be completed before
submitting the application to the Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/55-15)
Sec. 55-15. Destruction of cannabis.
(a) All cannabis byproduct, scrap, and harvested cannabis
not intended for distribution to a dispensing organization must
be destroyed and disposed of under rules adopted by the
Department of Agriculture under this Act. Documentation of
destruction and disposal shall be retained at the cultivation
center, craft grower, infuser organization, transporter, or
testing facility as applicable for a period of not less than 5
years.
(b) A cultivation center, craft grower, or infuser
organization shall, before destruction, notify the Department
of Agriculture and the Illinois Department of State Police. A
dispensing organization shall, before destruction, notify the
Department of Financial and Professional Regulation and the

SB3642 - 1336 - LRB101 20589 WGH 70218 b
Illinois Department of State Police. The Department of
Agriculture may by rule require that an employee of the
Department of Agriculture or the Department of Financial and
Professional Regulation be present during the destruction of
any cannabis byproduct, scrap, and harvested cannabis, as
applicable.
(c) The cultivation center, craft grower, infuser
organization, or dispensing organization shall keep a record of
the date of destruction and how much was destroyed.
(d) A dispensing organization shall destroy all cannabis,
including cannabis-infused products, not sold to purchasers.
Documentation of destruction and disposal shall be retained at
the dispensing organization for a period of not less than 5
years.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/55-30)
Sec. 55-30. Confidentiality.
(a) Information provided by the cannabis business
establishment licensees or applicants to the Department of
Agriculture, the Department of Public Health, the Department of
Financial and Professional Regulation, the Department of
Commerce and Economic Opportunity, or other agency shall be
limited to information necessary for the purposes of
administering this Act. The information is subject to the
provisions and limitations contained in the Freedom of

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Information Act and may be disclosed in accordance with Section
55-65.
(b) The following information received and records kept by
the Department of Agriculture, the Department of Public Health,
the Illinois Department of State Police, and the Department of
Financial and Professional Regulation for purposes of
administering this Article are subject to all applicable
federal privacy laws, are confidential and exempt from
disclosure under the Freedom of Information Act, except as
provided in this Act, and not subject to disclosure to any
individual or public or private entity, except to the
Department of Financial and Professional Regulation, the
Department of Agriculture, the Department of Public Health, and
the Illinois Department of State Police as necessary to perform
official duties under this Article and to the Attorney General
as necessary to enforce the provisions of this Act. The
following information received and kept by the Department of
Financial and Professional Regulation or the Department of
Agriculture may be disclosed to the Department of Public
Health, the Department of Agriculture, the Department of
Revenue, the Illinois Department of State Police, or the
Attorney General upon proper request:
(1) Applications and renewals, their contents, and
supporting information submitted by or on behalf of
dispensing organizations in compliance with this Article,
including their physical addresses;

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(2) Any plans, procedures, policies, or other records
relating to dispensing organization security; and
(3) Information otherwise exempt from disclosure by
State or federal law.
Illinois or national criminal history record information,
or the nonexistence or lack of such information, may not be
disclosed by the Department of Financial and Professional
Regulation or the Department of Agriculture, except as
necessary to the Attorney General to enforce this Act.
(c) The name and address of a dispensing organization
licensed under this Act shall be subject to disclosure under
the Freedom of Information Act. The name and cannabis business
establishment address of the person or entity holding each
cannabis business establishment license shall be subject to
disclosure.
(d) All information collected by the Department of
Financial and Professional Regulation in the course of an
examination, inspection, or investigation of a licensee or
applicant, including, but not limited to, any complaint against
a licensee or applicant filed with the Department and
information collected to investigate any such complaint, shall
be maintained for the confidential use of the Department and
shall not be disclosed, except as otherwise provided in this
Act. A formal complaint against a licensee by the Department or
any disciplinary order issued by the Department against a
licensee or applicant shall be a public record, except as

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otherwise provided by law. Complaints from consumers or members
of the general public received regarding a specific, named
licensee or complaints regarding conduct by unlicensed
entities shall be subject to disclosure under the Freedom of
Information Act.
(e) The Department of Agriculture, the Illinois Department
of State Police, and the Department of Financial and
Professional Regulation shall not share or disclose any
Illinois or national criminal history record information, or
the nonexistence or lack of such information, to any person or
entity not expressly authorized by this Act.
(f) Each Department responsible for licensure under this
Act shall publish on the Department's website a list of the
ownership information of cannabis business establishment
licensees under the Department's jurisdiction. The list shall
include, but is not limited to: the name of the person or
entity holding each cannabis business establishment license;
and the address at which the entity is operating under this
Act. This list shall be published and updated monthly.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/55-35)
Sec. 55-35. Administrative rulemaking.
(a) No later than 180 days after the effective date of this
Act, the Department of Agriculture, the Illinois Department of
State Police, the Department of Financial and Professional

SB3642 - 1340 - LRB101 20589 WGH 70218 b
Regulation, the Department of Revenue, the Department of
Commerce and Economic Opportunity, and the Treasurer's Office
shall adopt permanent rules in accordance with their
responsibilities under this Act. The Department of
Agriculture, the Illinois Department of State Police, the
Department of Financial and Professional Regulation, the
Department of Revenue, and the Department of Commerce and
Economic Opportunity may adopt rules necessary to regulate
personal cannabis use through the use of emergency rulemaking
in accordance with subsection (gg) of Section 5-45 of the
Illinois Administrative Procedure Act. The General Assembly
finds that the adoption of rules to regulate cannabis use is
deemed an emergency and necessary for the public interest,
safety, and welfare.
(b) The Department of Agriculture rules may address, but
are not limited to, the following matters related to
cultivation centers, craft growers, infuser organizations, and
transporting organizations with the goal of protecting against
diversion and theft, without imposing an undue burden on the
cultivation centers, craft growers, infuser organizations, or
transporting organizations:
(1) oversight requirements for cultivation centers,
craft growers, infuser organizations, and transporting
organizations;
(2) recordkeeping requirements for cultivation
centers, craft growers, infuser organizations, and

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transporting organizations;
(3) security requirements for cultivation centers,
craft growers, infuser organizations, and transporting
organizations, which shall include that each cultivation
center, craft grower, infuser organization, and
transporting organization location must be protected by a
fully operational security alarm system;
(4) standards for enclosed, locked facilities under
this Act;
(5) procedures for suspending or revoking the
identification cards of agents of cultivation centers,
craft growers, infuser organizations, and transporting
organizations that commit violations of this Act or the
rules adopted under this Section;
(6) rules concerning the intrastate transportation of
cannabis from a cultivation center, craft grower, infuser
organization, and transporting organization to a
dispensing organization;
(7) standards concerning the testing, quality,
cultivation, and processing of cannabis; and
(8) any other matters under oversight by the Department
of Agriculture as are necessary for the fair, impartial,
stringent, and comprehensive administration of this Act.
(c) The Department of Financial and Professional
Regulation rules may address, but are not limited to, the
following matters related to dispensing organizations, with

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the goal of protecting against diversion and theft, without
imposing an undue burden on the dispensing organizations:
(1) oversight requirements for dispensing
organizations;
(2) recordkeeping requirements for dispensing
organizations;
(3) security requirements for dispensing
organizations, which shall include that each dispensing
organization location must be protected by a fully
operational security alarm system;
(4) procedures for suspending or revoking the licenses
of dispensing organization agents that commit violations
of this Act or the rules adopted under this Act;
(5) any other matters under oversight by the Department
of Financial and Professional Regulation that are
necessary for the fair, impartial, stringent, and
comprehensive administration of this Act.
(d) The Department of Revenue rules may address, but are
not limited to, the following matters related to the payment of
taxes by cannabis business establishments:
(1) recording of sales;
(2) documentation of taxable income and expenses;
(3) transfer of funds for the payment of taxes; or
(4) any other matter under the oversight of the
Department of Revenue.
(e) The Department of Commerce and Economic Opportunity

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rules may address, but are not limited to, a loan program or
grant program to assist Social Equity Applicants access the
capital needed to start a cannabis business establishment. The
names of recipients and the amounts of any moneys received
through a loan program or grant program shall be a public
record.
(f) The Illinois Department of State Police rules may
address enforcement of its authority under this Act. The
Illinois Department of State Police shall not make rules that
infringe on the exclusive authority of the Department of
Financial and Professional Regulation or the Department of
Agriculture over licensees under this Act.
(g) The Department of Human Services shall develop and
disseminate:
(1) educational information about the health risks
associated with the use of cannabis; and
(2) one or more public education campaigns in
coordination with local health departments and community
organizations, including one or more prevention campaigns
directed at children, adolescents, parents, and pregnant
or breastfeeding women, to inform them of the potential
health risks associated with intentional or unintentional
cannabis use.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(410 ILCS 705/55-40)

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Sec. 55-40. Enforcement.
(a) If the Department of Agriculture, Illinois Department
of State Police, Department of Financial and Professional
Regulation, Department of Commerce and Economic Opportunity,
or Department of Revenue fails to adopt rules to implement this
Act within the times provided in this Act, any citizen may
commence a mandamus action in the circuit court to compel the
agencies to perform the actions mandated under Section 55-35.
(b) If the Department of Agriculture or the Department of
Financial and Professional Regulation fails to issue a valid
agent identification card in response to a valid initial
application or renewal application submitted under this Act or
fails to issue a verbal or written notice of denial of the
application within 30 days of its submission, the agent
identification card is deemed granted and a copy of the agent
identification initial application or renewal application
shall be deemed a valid agent identification card.
(c) Authorized employees of State or local law enforcement
agencies shall immediately notify the Department of
Agriculture and the Department of Financial and Professional
Regulation when any person in possession of an agent
identification card has been convicted of or pled guilty to
violating this Act.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/55-50)

SB3642 - 1345 - LRB101 20589 WGH 70218 b
Sec. 55-50. Petition for rehearing. Within 20 days after
the service of any order or decision of the Department of
Public Health, the Department of Agriculture, the Department of
Financial and Professional Regulation, or the Illinois
Department of State Police upon any party to the proceeding,
the party may apply for a rehearing in respect to any matters
determined by them under this Act, except for decisions made
under the Cannabis Cultivation Privilege Tax Law, the Cannabis
Purchaser Excise Tax Law, the County Cannabis Retailers'
Occupation Tax Law, and the Municipal Cannabis Retailers'
Occupation Tax Law, which shall be governed by the provisions
of those Laws. If a rehearing is granted, an agency shall hold
the rehearing and render a decision within 30 days from the
filing of the application for rehearing with the agency. The
time for holding such rehearing and rendering a decision may be
extended for a period not to exceed 30 days, for good cause
shown, and by notice in writing to all parties of interest. If
an agency fails to act on the application for rehearing within
30 days, or the date the time for rendering a decision was
extended for good cause shown, the order or decision of the
agency is final. No action for the judicial review of any order
or decision of an agency shall be allowed unless the party
commencing such action has first filed an application for a
rehearing and the agency has acted or failed to act upon the
application. Only one rehearing may be granted by an agency on
application of any one party.

SB3642 - 1346 - LRB101 20589 WGH 70218 b
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/55-55)
Sec. 55-55. Review of administrative decisions. All final
administrative decisions of the Department of Public Health,
the Department of Agriculture, the Department of Financial and
Professional Regulation, and the Illinois Department of State
Police are subject to judicial review under the Administrative
Review Law and the rules adopted under that Law. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 101-27, eff. 6-25-19.)
(410 ILCS 705/55-80)
Sec. 55-80. Annual reports.
(a) The Department of Financial and Professional
Regulation shall submit to the General Assembly and Governor a
report, by September 30 of each year, that does not disclose
any information identifying information about cultivation
centers, craft growers, infuser organizations, transporting
organizations, or dispensing organizations, but does contain,
at a minimum, all of the following information for the previous
fiscal year:
(1) The number of licenses issued to dispensing
organizations by county, or, in counties with greater than
3,000,000 residents, by zip code;

SB3642 - 1347 - LRB101 20589 WGH 70218 b
(2) The total number of dispensing organization owners
that are Social Equity Applicants or minority persons,
women, or persons with disabilities as those terms are
defined in the Business Enterprise for Minorities, Women,
and Persons with Disabilities Act;
(3) The total number of revenues received from
dispensing organizations, segregated from revenues
received from dispensing organizations under the
Compassionate Use of Medical Cannabis Program Act by
county, separated by source of revenue;
(4) The total amount of revenue received from
dispensing organizations that share a premises or majority
ownership with a craft grower;
(5) The total amount of revenue received from
dispensing organizations that share a premises or majority
ownership with an infuser; and
(6) An analysis of revenue generated from taxation,
licensing, and other fees for the State, including
recommendations to change the tax rate applied.
(b) The Department of Agriculture shall submit to the
General Assembly and Governor a report, by September 30 of each
year, that does not disclose any information identifying
information about cultivation centers, craft growers, infuser
organizations, transporting organizations, or dispensing
organizations, but does contain, at a minimum, all of the
following information for the previous fiscal year:

SB3642 - 1348 - LRB101 20589 WGH 70218 b
(1) The number of licenses issued to cultivation
centers, craft growers, infusers, and transporters by
license type, and, in counties with more than 3,000,000
residents, by zip code;
(2) The total number of cultivation centers, craft
growers, infusers, and transporters by license type that
are Social Equity Applicants or minority persons, women, or
persons with disabilities as those terms are defined in the
Business Enterprise for Minorities, Women, and Persons
with Disabilities Act;
(3) The total amount of revenue received from
cultivation centers, craft growers, infusers, and
transporters, separated by license types and source of
revenue;
(4) The total amount of revenue received from craft
growers and infusers that share a premises or majority
ownership with a dispensing organization;
(5) The total amount of revenue received from craft
growers that share a premises or majority ownership with an
infuser, but do not share a premises or ownership with a
dispensary;
(6) The total amount of revenue received from infusers
that share a premises or majority ownership with a craft
grower, but do not share a premises or ownership with a
dispensary;
(7) The total amount of revenue received from craft

SB3642 - 1349 - LRB101 20589 WGH 70218 b
growers that share a premises or majority ownership with a
dispensing organization, but do not share a premises or
ownership with an infuser;
(8) The total amount of revenue received from infusers
that share a premises or majority ownership with a
dispensing organization, but do not share a premises or
ownership with a craft grower;
(9) The total amount of revenue received from
transporters; and
(10) An analysis of revenue generated from taxation,
licensing, and other fees for the State, including
recommendations to change the tax rate applied.
(c) The Illinois Department of State Police shall submit to
the General Assembly and Governor a report, by September 30 of
each year that contains, at a minimum, all of the following
information for the previous fiscal year:
(1) The effect of regulation and taxation of cannabis
on law enforcement resources;
(2) The impact of regulation and taxation of cannabis
on highway and waterway safety and rates of impaired
driving or operating, where impairment was determined
based on failure of a field sobriety test;
(3) The available and emerging methods for detecting
the metabolites for delta-9-tetrahydrocannabinol in bodily
fluids, including, without limitation, blood and saliva;
(4) The effectiveness of current DUI laws and

SB3642 - 1350 - LRB101 20589 WGH 70218 b
recommendations for improvements to policy to better
ensure safe highways and fair laws.
(d) The Adult Use Cannabis Health Advisory Committee shall
submit to the General Assembly and Governor a report, by
September 30 of each year, that does not disclose any
identifying information about any individuals, but does
contain, at a minimum:
(1) Self-reported youth cannabis use, as published in
the most recent Illinois Youth Survey available;
(2) Self-reported adult cannabis use, as published in
the most recent Behavioral Risk Factor Surveillance Survey
available;
(3) Hospital room admissions and hospital utilization
rates caused by cannabis consumption, including the
presence or detection of other drugs;
(4) Overdoses of cannabis and poison control data,
including the presence of other drugs that may have
contributed;
(5) Incidents of impaired driving caused by the
consumption of cannabis or cannabis products, including
the presence of other drugs or alcohol that may have
contributed to the impaired driving;
(6) Prevalence of infants born testing positive for
cannabis or delta-9-tetrahydrocannabinol, including
demographic and racial information on which infants are
tested;

SB3642 - 1351 - LRB101 20589 WGH 70218 b
(7) Public perceptions of use and risk of harm;
(8) Revenue collected from cannabis taxation and how
that revenue was used;
(9) Cannabis retail licenses granted and locations;
(10) Cannabis-related arrests; and
(11) The number of individuals completing required bud
tender training.
(e) Each agency or committee submitting reports under this
Section may consult with one another in the preparation of each
report.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
Section 850. The Radiation Protection Act of 1990 is
amended by changing Section 34 as follows:
(420 ILCS 40/34) (from Ch. 111 1/2, par. 210-34)
(Section scheduled to be repealed on January 1, 2021)
Sec. 34. All intrastate and interstate carriers of
irradiated nuclear reactor fuel in the State of Illinois are
hereby required to notify the Agency 24 hours prior to any
transportation of irradiated nuclear reactor fuel within this
State of the proposed route, the place and time of entry into
the State, and the amount and the source of the fuel. The
Agency shall immediately notify the Illinois State Police,
which shall notify the sheriff of those counties along the
route of such shipment.

SB3642 - 1352 - LRB101 20589 WGH 70218 b
For the purpose of this subsection, a "carrier" is any
entity charged with transportation of such irradiated reactor
fuel from the nuclear steam-generating facility to a storage
facility.
For the purpose of this subsection, "irradiated reactor
fuel" is any nuclear fuel assembly containing fissile-bearing
material that has been irradiated in and removed from a nuclear
reactor facility.
(Source: P.A. 94-104, eff. 7-1-05.)
Section 865. The Firearm Owners Identification Card Act is
amended by changing Sections 1.1, 2, 3, 3.1, 3.3, 4, 5, 5.1, 6,
8, 8.1, 8.2, 8.3, 9.5, 10, 11, 13.1, 13.2, 13.3, 15a, and 15b
as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Illinois Department of State
Police to be addicted to narcotics based upon federal law
or federal guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and

SB3642 - 1353 - LRB101 20589 WGH 70218 b
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as
defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;

SB3642 - 1354 - LRB101 20589 WGH 70218 b
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental
Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.

SB3642 - 1355 - LRB101 20589 WGH 70218 b
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which
is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signalling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud

SB3642 - 1356 - LRB101 20589 WGH 70218 b
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Illinois
Department of State Police finds by reason of the date of
its manufacture, value, design, and other characteristics
is primarily a collector's item and is not likely to be
used as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signalling or safety and
required or recommended by the United States Coast Guard or
the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors display,
offer, or exhibit for sale, sell, transfer, or exchange
firearms.

SB3642 - 1357 - LRB101 20589 WGH 70218 b
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this Section.
Nothing in this definition shall be construed to exclude a gun
show held in conjunction with competitive shooting events at
the World Shooting Complex sanctioned by a national governing
body in which the sale or transfer of firearms is authorized
under subparagraph (5) of paragraph (g) of subsection (A) of
Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,
skeet, or sporting clays shoots, dinners, banquets, raffles, or
any other event where the sale or transfer of firearms is not
the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun show
promoter for a fixed location from which to exhibit, sell,
offer for sale, transfer, or exchange any firearm.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.

SB3642 - 1358 - LRB101 20589 WGH 70218 b
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provide
treatment of persons with mental illness and includes all
hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national
firearm sporting organization.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility, and who poses a clear and present danger to

SB3642 - 1359 - LRB101 20589 WGH 70218 b
himself, herself, or to others.
"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;
(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities Code.

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"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health Clear
and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
(430 ILCS 65/2) (from Ch. 38, par. 83-2)
Sec. 2. Firearm Owner's Identification Card required;
exceptions.
(a) (1) No person may acquire or possess any firearm, stun
gun, or taser within this State without having in his or her
possession a Firearm Owner's Identification Card previously
issued in his or her name by the Illinois Department of State
Police under the provisions of this Act.
(2) No person may acquire or possess firearm ammunition
within this State without having in his or her possession a
Firearm Owner's Identification Card previously issued in his or
her name by the Illinois Department of State Police under the
provisions of this Act.
(b) The provisions of this Section regarding the possession

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of firearms, firearm ammunition, stun guns, and tasers do not
apply to:
(1) United States Marshals, while engaged in the
operation of their official duties;
(2) Members of the Armed Forces of the United States or
the National Guard, while engaged in the operation of their
official duties;
(3) Federal officials required to carry firearms,
while engaged in the operation of their official duties;
(4) Members of bona fide veterans organizations which
receive firearms directly from the armed forces of the
United States, while using the firearms for ceremonial
purposes with blank ammunition;
(5) Nonresident hunters during hunting season, with
valid nonresident hunting licenses and while in an area
where hunting is permitted; however, at all other times and
in all other places these persons must have their firearms
unloaded and enclosed in a case;
(6) Those hunters exempt from obtaining a hunting
license who are required to submit their Firearm Owner's
Identification Card when hunting on Department of Natural
Resources owned or managed sites;
(7) Nonresidents while on a firing or shooting range
recognized by the Illinois Department of State Police;
however, these persons must at all other times and in all
other places have their firearms unloaded and enclosed in a

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case;
(8) Nonresidents while at a firearm showing or display
recognized by the Illinois Department of State Police;
however, at all other times and in all other places these
persons must have their firearms unloaded and enclosed in a
case;
(9) Nonresidents whose firearms are unloaded and
enclosed in a case;
(10) Nonresidents who are currently licensed or
registered to possess a firearm in their resident state;
(11) Unemancipated minors while in the custody and
immediate control of their parent or legal guardian or
other person in loco parentis to the minor if the parent or
legal guardian or other person in loco parentis to the
minor has a currently valid Firearm Owner's Identification
Card;
(12) Color guards of bona fide veterans organizations
or members of bona fide American Legion bands while using
firearms for ceremonial purposes with blank ammunition;
(13) Nonresident hunters whose state of residence does
not require them to be licensed or registered to possess a
firearm and only during hunting season, with valid hunting
licenses, while accompanied by, and using a firearm owned
by, a person who possesses a valid Firearm Owner's
Identification Card and while in an area within a
commercial club licensed under the Wildlife Code where

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hunting is permitted and controlled, but in no instance
upon sites owned or managed by the Department of Natural
Resources;
(14) Resident hunters who are properly authorized to
hunt and, while accompanied by a person who possesses a
valid Firearm Owner's Identification Card, hunt in an area
within a commercial club licensed under the Wildlife Code
where hunting is permitted and controlled;
(15) A person who is otherwise eligible to obtain a
Firearm Owner's Identification Card under this Act and is
under the direct supervision of a holder of a Firearm
Owner's Identification Card who is 21 years of age or older
while the person is on a firing or shooting range or is a
participant in a firearms safety and training course
recognized by a law enforcement agency or a national,
statewide shooting sports organization; and
(16) Competitive shooting athletes whose competition
firearms are sanctioned by the International Olympic
Committee, the International Paralympic Committee, the
International Shooting Sport Federation, or USA Shooting
in connection with such athletes' training for and
participation in shooting competitions at the 2016 Olympic
and Paralympic Games and sanctioned test events leading up
to the 2016 Olympic and Paralympic Games.
(c) The provisions of this Section regarding the
acquisition and possession of firearms, firearm ammunition,

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stun guns, and tasers do not apply to law enforcement officials
of this or any other jurisdiction, while engaged in the
operation of their official duties.
(c-5) The provisions of paragraphs (1) and (2) of
subsection (a) of this Section regarding the possession of
firearms and firearm ammunition do not apply to the holder of a
valid concealed carry license issued under the Firearm
Concealed Carry Act who is in physical possession of the
concealed carry license.
(d) Any person who becomes a resident of this State, who is
not otherwise prohibited from obtaining, possessing, or using a
firearm or firearm ammunition, shall not be required to have a
Firearm Owner's Identification Card to possess firearms or
firearms ammunition until 60 calendar days after he or she
obtains an Illinois driver's license or Illinois
Identification Card.
(Source: P.A. 99-29, eff. 7-10-15.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Illinois Department of State Police under the provisions of

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this Act; or (2) a currently valid license to carry a concealed
firearm which has previously been issued in his or her name by
the Illinois Department of State Police under the Firearm
Concealed Carry Act. In addition, all firearm, stun gun, and
taser transfers by federally licensed firearm dealers are
subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois Department of
State Police to conduct a background check on the prospective
recipient of the firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact the Illinois Department of State Police with the
transferee's or purchaser's Firearm Owner's Identification
Card number to determine the validity of the transferee's or
purchaser's Firearm Owner's Identification Card. This
subsection shall not be effective until January 1, 2014. The
Illinois Department of State Police may adopt rules concerning
the implementation of this subsection. The Illinois Department
of State Police shall provide the seller or transferor an
approval number if the purchaser's Firearm Owner's

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Identification Card is valid. Approvals issued by the
Department for the purchase of a firearm pursuant to this
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer is
not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $10 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation

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of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home of
the unlicensed transferee, if the unlicensed transferee is
not otherwise prohibited from possessing firearms and the
unlicensed transferee reasonably believes that possession
of the firearm is necessary to prevent imminent death or
great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois Department of State Police shall
develop an Internet-based system for individuals to determine

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the validity of a Firearm Owner's Identification Card prior to
the sale or transfer of a firearm. The Department shall have
the Internet-based system completed and available for use by
July 1, 2015. The Department shall adopt rules not inconsistent
with this Section to implement this system.
(b) Any person within this State who transfers or causes to
be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial number
is available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by the
Illinois Department of State Police pursuant to subsection
(a-10) of this Section; if the transfer was not completed
within this State, the record shall contain the name and
address of the transferee. On or after January 1, 2006, the
record shall contain the date of application for transfer of
the firearm. On demand of a peace officer such transferor shall
produce for inspection such record of transfer. If the transfer
or sale took place at a gun show, the record shall include the
unique identification number. Failure to record the unique
identification number or approval number is a petty offense.
For transfers of a firearm, stun gun, or taser made on or after
the effective date of this amendatory Act of the 100th General

SB3642 - 1369 - LRB101 20589 WGH 70218 b
Assembly, failure by the private seller to maintain the
transfer records in accordance with this Section is a Class A
misdemeanor for the first offense and a Class 4 felony for a
second or subsequent offense. A transferee shall not be
criminally liable under this Section provided that he or she
provides the Illinois Department of State Police with the
transfer records in accordance with procedures established by
the Department. The Department shall establish, by rule, a
standard form on its website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card or
valid concealed carry license and either his or her Illinois
driver's license or Illinois State Identification Card prior to
the shipment of the ammunition. The ammunition may be shipped
only to an address on either of those 2 documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Dial up system.

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(a) The Illinois Department of State Police shall provide a
dial up telephone system or utilize other existing technology
which shall be used by any federally licensed firearm dealer,
gun show promoter, or gun show vendor who is to transfer a
firearm, stun gun, or taser under the provisions of this Act.
The Illinois Department of State Police may utilize existing
technology which allows the caller to be charged a fee not to
exceed $2. Fees collected by the Illinois Department of State
Police shall be deposited in the State Police Services Fund and
used to provide the service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Illinois Department of State Police shall immediately approve,
or within the time period established by Section 24-3 of the
Criminal Code of 2012 regarding the delivery of firearms, stun
guns, and tasers notify the inquiring dealer, gun show
promoter, or gun show vendor of any objection that would
disqualify the transferee from acquiring or possessing a
firearm, stun gun, or taser. In conducting the inquiry, the
Illinois Department of State Police shall initiate and complete
an automated search of its criminal history record information
files and those of the Federal Bureau of Investigation,
including the National Instant Criminal Background Check
System, and of the files of the Department of Human Services
relating to mental health and developmental disabilities to
obtain any felony conviction or patient hospitalization

SB3642 - 1371 - LRB101 20589 WGH 70218 b
information which would disqualify a person from obtaining or
require revocation of a currently valid Firearm Owner's
Identification Card.
(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act the
Illinois Department of State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Illinois Department of State
Police for the purchase of a firearm are valid for 30 days from
the date of issue.
(e) (1) The Illinois Department of State Police must act as
the Illinois Point of Contact for the National Instant Criminal
Background Check System.
(2) The Illinois Department of State Police and the
Department of Human Services shall, in accordance with State
and federal law regarding confidentiality, enter into a
memorandum of understanding with the Federal Bureau of
Investigation for the purpose of implementing the National
Instant Criminal Background Check System in the State. The
Illinois Department of State Police shall report the name, date
of birth, and physical description of any person prohibited
from possessing a firearm pursuant to the Firearm Owners
Identification Card Act or 18 U.S.C. 922(g) and (n) to the

SB3642 - 1372 - LRB101 20589 WGH 70218 b
National Instant Criminal Background Check System Index,
Denied Persons Files.
(3) The Illinois Department of State Police shall provide
notice of the disqualification of a person under subsection (b)
of this Section or the revocation of a person's Firearm Owner's
Identification Card under Section 8 or Section 8.2 of this Act,
and the reason for the disqualification or revocation, to all
law enforcement agencies with jurisdiction to assist with the
seizure of the person's Firearm Owner's Identification Card.
(f) The Illinois Department of State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
(430 ILCS 65/3.3)
Sec. 3.3. Report to the local law enforcement agency. The
Illinois Department of State Police must report the name and
address of a person to the local law enforcement agency where
the person resides if the person attempting to purchase a
firearm is disqualified from purchasing a firearm because of
information obtained under subsection (a-10) of Section 3 or
Section 3.1 that would disqualify the person from obtaining a
Firearm Owner's Identification Card under any of subsections
(c) through (n) of Section 8 of this Act.
(Source: P.A. 98-508, eff. 8-19-13.)

SB3642 - 1373 - LRB101 20589 WGH 70218 b
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification
Cards.
(a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Make application on blank forms prepared and
furnished at convenient locations throughout the State by
the Illinois Department of State Police, or by electronic
means, if and when made available by the Illinois
Department of State Police; and
(2) Submit evidence to the Illinois Department of State
Police that:
(i) This subparagraph (i) applies through the
180th day following the effective date of this
amendatory Act of the 101st General Assembly. He or she
is 21 years of age or over, or if he or she is under 21
years of age that he or she has the written consent of
his or her parent or legal guardian to possess and
acquire firearms and firearm ammunition and that he or
she has never been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent,
provided, however, that such parent or legal guardian
is not an individual prohibited from having a Firearm
Owner's Identification Card and files an affidavit
with the Department as prescribed by the Department
stating that he or she is not an individual prohibited

SB3642 - 1374 - LRB101 20589 WGH 70218 b
from having a Card;
(i-5) This subparagraph (i-5) applies on and after
the 181st day following the effective date of this
amendatory Act of the 101st General Assembly. He or she
is 21 years of age or over, or if he or she is under 21
years of age that he or she has never been convicted of
a misdemeanor other than a traffic offense or adjudged
delinquent and is an active duty member of the United
States Armed Forces or has the written consent of his
or her parent or legal guardian to possess and acquire
firearms and firearm ammunition, provided, however,
that such parent or legal guardian is not an individual
prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card or the active duty member of the United
States Armed Forces under 21 years of age annually
submits proof to the Illinois Department of State
Police, in a manner prescribed by the Department;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
health facility within the past 5 years or, if he or
she has been a patient in a mental health facility more

SB3642 - 1375 - LRB101 20589 WGH 70218 b
than 5 years ago submit the certification required
under subsection (u) of Section 8 of this Act;
(v) He or she is not a person with an intellectual
disability;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a substantially
similar offense in another jurisdiction, in which a
firearm was used or possessed;
(ix) He or she has not been convicted of domestic
battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the
effective date of Public Act 97-158). If the applicant
knowingly and intelligently waives the right to have an
offense described in this clause (ix) tried by a jury,
and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of 18

SB3642 - 1376 - LRB101 20589 WGH 70218 b
U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:
(A) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;

SB3642 - 1377 - LRB101 20589 WGH 70218 b
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony;
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that
if committed by an adult would be a felony;
(xiv) He or she is a resident of the State of
Illinois;
(xv) He or she has not been adjudicated as a person
with a mental disability;
(xvi) He or she has not been involuntarily admitted
into a mental health facility; and
(xvii) He or she is not a person with a
developmental disability; and
(3) Upon request by the Illinois Department of State
Police, sign a release on a form prescribed by the Illinois
Department of State Police waiving any right to

SB3642 - 1378 - LRB101 20589 WGH 70218 b
confidentiality and requesting the disclosure to the
Illinois Department of State Police of limited mental
health institution admission information from another
state, the District of Columbia, any other territory of the
United States, or a foreign nation concerning the applicant
for the sole purpose of determining whether the applicant
is or was a patient in a mental health institution and
disqualified because of that status from receiving a
Firearm Owner's Identification Card. No mental health care
or treatment records may be requested. The information
received shall be destroyed within one year of receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Illinois
Department of State Police either his or her Illinois driver's
license number or Illinois Identification Card number, except
as provided in subsection (a-10).
(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois
resident, shall furnish to the Illinois Department of State
Police his or her driver's license number or state
identification card number from his or her state of residence.
The Illinois Department of State Police may adopt rules to
enforce the provisions of this subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's

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Identification Card moves from the residence address named in
the application, he or she shall immediately notify in a form
and manner prescribed by the Illinois Department of State
Police of that change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Illinois Department of State Police
his or her photograph. An applicant who is 21 years of age or
older seeking a religious exemption to the photograph
requirement must furnish with the application an approved copy
of United States Department of the Treasury Internal Revenue
Service Form 4029. In lieu of a photograph, an applicant
regardless of age seeking a religious exemption to the
photograph requirement shall submit fingerprints on a form and
manner prescribed by the Department with his or her
application.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false
information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 101-80, eff. 7-12-19.)

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(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. Application and renewal.
(a) The Illinois Department of State Police shall either
approve or deny all applications within 30 days from the date
they are received, except as provided in subsection (b) of this
Section, and every applicant found qualified under Section 8 of
this Act by the Department shall be entitled to a Firearm
Owner's Identification Card upon the payment of a $10 fee. Any
applicant who is an active duty member of the Armed Forces of
the United States, a member of the Illinois National Guard, or
a member of the Reserve Forces of the United States is exempt
from the application fee. $6 of each fee derived from the
issuance of Firearm Owner's Identification Cards, or renewals
thereof, shall be deposited in the Wildlife and Fish Fund in
the State Treasury; $1 of the fee shall be deposited in the
State Police Services Fund and $3 of the fee shall be deposited
in the State Police Firearm Services Fund.
(b) Renewal applications shall be approved or denied within
60 business days, provided the applicant submitted his or her
renewal application prior to the expiration of his or her
Firearm Owner's Identification Card. If a renewal application
has been submitted prior to the expiration date of the
applicant's Firearm Owner's Identification Card, the Firearm
Owner's Identification Card shall remain valid while the
Department processes the application, unless the person is

SB3642 - 1381 - LRB101 20589 WGH 70218 b
subject to or becomes subject to revocation under this Act. The
cost for a renewal application shall be $10 which shall be
deposited into the State Police Firearm Services Fund.
(Source: P.A. 100-906, eff. 1-1-19.)
(430 ILCS 65/5.1)
Sec. 5.1. State Police Firearm Services Fund. All moneys
remaining in the Firearm Owner's Notification Fund on the
effective date of this amendatory Act of the 98th General
Assembly shall be transferred into the State Police Firearm
Services Fund, a special fund created in the State treasury, to
be expended by the Illinois Department of State Police, for the
purposes specified in this Act and Section 2605-595 of the
Illinois Department of State Police Law of the Civil
Administrative Code of Illinois.
(Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 65/6) (from Ch. 38, par. 83-6)
Sec. 6. Contents of Firearm Owner's Identification Card.
(a) A Firearm Owner's Identification Card, issued by the
Illinois Department of State Police at such places as the
Director of the Illinois State Police Department shall specify,
shall contain the applicant's name, residence, date of birth,
sex, physical description, recent photograph, except as
provided in subsection (c-5), and signature. Each Firearm
Owner's Identification Card must have the expiration date

SB3642 - 1382 - LRB101 20589 WGH 70218 b
boldly and conspicuously displayed on the face of the card.
Each Firearm Owner's Identification Card must have printed on
it the following: "CAUTION - This card does not permit bearer
to UNLAWFULLY carry or use firearms." Before December 1, 2002,
the Department may use a person's digital photograph and
signature from his or her Illinois driver's license or Illinois
Identification Card, if available. On and after December 1,
2002, the Department shall use a person's digital photograph
and signature from his or her Illinois driver's license or
Illinois Identification Card, if available. The Department
shall decline to use a person's digital photograph or signature
if the digital photograph or signature is the result of or
associated with fraudulent or erroneous data, unless otherwise
provided by law.
(b) A person applying for a Firearm Owner's Identification
Card shall consent to the Illinois Department of State Police
using the applicant's digital driver's license or Illinois
Identification Card photograph, if available, and signature on
the applicant's Firearm Owner's Identification Card. The
Secretary of State shall allow the Illinois Department of State
Police access to the photograph and signature for the purpose
of identifying the applicant and issuing to the applicant a
Firearm Owner's Identification Card.
(c) The Secretary of State shall conduct a study to
determine the cost and feasibility of creating a method of
adding an identifiable code, background, or other means on the

SB3642 - 1383 - LRB101 20589 WGH 70218 b
driver's license or Illinois Identification Card to show that
an individual is not disqualified from owning or possessing a
firearm under State or federal law. The Secretary shall report
the findings of this study 12 months after the effective date
of this amendatory Act of the 92nd General Assembly.
(c-5) If a person qualifies for a photograph exemption, in
lieu of a photograph, the Firearm Owner's Identification Card
shall contain a copy of the card holder's fingerprints. Each
Firearm Owner's Identification Card described in this
subsection (c-5) must have printed on it the following: "This
card is only valid for firearm purchases through a federally
licensed firearms dealer when presented with photographic
identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
(Source: P.A. 97-1131, eff. 1-1-13.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois
Department of State Police has authority to deny an application
for or to revoke and seize a Firearm Owner's Identification
Card previously issued under this Act only if the Department
finds that the applicant or the person to whom such card was
issued is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) This subsection (b) applies through the 180th day

SB3642 - 1384 - LRB101 20589 WGH 70218 b
following the effective date of this amendatory Act of the
101st General Assembly. A person under 21 years of age who
does not have the written consent of his parent or guardian
to acquire and possess firearms and firearm ammunition, or
whose parent or guardian has revoked such written consent,
or where such parent or guardian does not qualify to have a
Firearm Owner's Identification Card;
(b-5) This subsection (b-5) applies on and after the
181st day following the effective date of this amendatory
Act of the 101st General Assembly. A person under 21 years
of age who is not an active duty member of the United
States Armed Forces and does not have the written consent
of his or her parent or guardian to acquire and possess
firearms and firearm ammunition, or whose parent or
guardian has revoked such written consent, or where such
parent or guardian does not qualify to have a Firearm
Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government who is denied,

SB3642 - 1385 - LRB101 20589 WGH 70218 b
revoked, or has his or her Firearm Owner's Identification
Card seized under this subsection (e) may obtain relief as
described in subsection (c-5) of Section 10 of this Act if
the officer did not act in a manner threatening to the
officer, another person, or the public as determined by the
treating clinical psychologist or physician, and the
officer seeks mental health treatment;
(f) A person whose mental condition is of such a nature
that it poses a clear and present danger to the applicant,
any other person or persons or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any alien who has been lawfully
admitted to the United States under a non-immigrant visa if
that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:

SB3642 - 1386 - LRB101 20589 WGH 70218 b
(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a friendly
foreign government entering the United States on
official business; or
(5) one who has received a waiver from the Attorney
General of the United States pursuant to 18 U.S.C.
922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been

SB3642 - 1387 - LRB101 20589 WGH 70218 b
previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the right
to have an offense described in this paragraph (l) tried by
a jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic relationship
is not a required element of the offense but in which a
determination of the applicability of 18 U.S.C. 922(g)(9)
is made under Section 112A-11.1 of the Code of Criminal
Procedure of 1963, an entry by the court of a judgment of
conviction for that offense shall be grounds for denying an
application for and for revoking and seizing a Firearm
Owner's Identification Card previously issued to the
person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of

SB3642 - 1388 - LRB101 20589 WGH 70218 b
Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a developmental
disability;
(t) A person involuntarily admitted into a mental
health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of subsection
(a) of Section 4 of this Act because he or she was a
patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that he
or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for

SB3642 - 1389 - LRB101 20589 WGH 70218 b
willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have been
restored through administrative or judicial action under
Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois Department of State Police
shall provide notice to the person and the person shall comply
with Section 9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19.)
(430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
Sec. 8.1. Notifications to the Illinois Department of State
Police.
(a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Illinois Department
of State Police of all final dispositions of cases for which
the Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
(b) Upon adjudication of any individual as a person with a
mental disability as defined in Section 1.1 of this Act or a
finding that a person has been involuntarily admitted, the
court shall direct the circuit court clerk to immediately
notify the Illinois Department of State Police, Firearm Owner's
Identification (FOID) department, and shall forward a copy of
the court order to the Department.
(b-1) Beginning July 1, 2016, and each July 1 and December

SB3642 - 1390 - LRB101 20589 WGH 70218 b
30 of every year thereafter, the circuit court clerk shall, in
the form and manner prescribed by the Illinois Department of
State Police, notify the Illinois Department of State Police,
Firearm Owner's Identification (FOID) department if the court
has not directed the circuit court clerk to notify the Illinois
Department of State Police, Firearm Owner's Identification
(FOID) department under subsection (b) of this Section, within
the preceding 6 months, because no person has been adjudicated
as a person with a mental disability by the court as defined in
Section 1.1 of this Act or if no person has been involuntarily
admitted. The Supreme Court may adopt any orders or rules
necessary to identify the persons who shall be reported to the
Illinois Department of State Police under subsection (b), or
any other orders or rules necessary to implement the
requirements of this Act.
(c) The Department of Human Services shall, in the form and
manner prescribed by the Illinois Department of State Police,
report all information collected under subsection (b) of
Section 12 of the Mental Health and Developmental Disabilities
Confidentiality Act for the purpose of determining whether a
person who may be or may have been a patient in a mental health
facility is disqualified under State or federal law from
receiving or retaining a Firearm Owner's Identification Card,
or purchasing a weapon.
(d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:

SB3642 - 1391 - LRB101 20589 WGH 70218 b
(1) by a physician, clinical psychologist, or
qualified examiner, or is determined to have a
developmental disability by a physician, clinical
psychologist, or qualified examiner, whether employed by
the State or privately, then the physician, clinical
psychologist, or qualified examiner shall, within 24 hours
of making the determination, notify the Department of Human
Services that the person poses a clear and present danger
or has a developmental disability; or
(2) by a law enforcement official or school
administrator, then the law enforcement official or school
administrator shall, within 24 hours of making the
determination, notify the Illinois Department of State
Police that the person poses a clear and present danger.
The Department of Human Services shall immediately update
its records and information relating to mental health and
developmental disabilities, and if appropriate, shall notify
the Illinois Department of State Police in a form and manner
prescribed by the Illinois Department of State Police. The
Illinois Department of State Police shall determine whether to
revoke the person's Firearm Owner's Identification Card under
Section 8 of this Act. Any information disclosed under this
subsection shall remain privileged and confidential, and shall
not be redisclosed, except as required under subsection (e) of
Section 3.1 of this Act, nor used for any other purpose. The
method of providing this information shall guarantee that the

SB3642 - 1392 - LRB101 20589 WGH 70218 b
information is not released beyond what is necessary for the
purpose of this Section and shall be provided by rule by the
Department of Human Services. The identity of the person
reporting under this Section shall not be disclosed to the
subject of the report. The physician, clinical psychologist,
qualified examiner, law enforcement official, or school
administrator making the determination and his or her employer
shall not be held criminally, civilly, or professionally liable
for making or not making the notification required under this
subsection, except for willful or wanton misconduct.
(e) The Illinois Department of State Police shall adopt
rules to implement this Section.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-143,
eff. 7-27-15; 99-696, eff. 7-29-16.)
(430 ILCS 65/8.2)
Sec. 8.2. Firearm Owner's Identification Card denial or
revocation. The Illinois Department of State Police shall deny
an application or shall revoke and seize a Firearm Owner's
Identification Card previously issued under this Act if the
Department finds that the applicant or person to whom such card
was issued is or was at the time of issuance subject to an
existing order of protection or firearms restraining order.
(Source: P.A. 100-607, eff. 1-1-19.)
(430 ILCS 65/8.3)

SB3642 - 1393 - LRB101 20589 WGH 70218 b
Sec. 8.3. Suspension of Firearm Owner's Identification
Card. The Illinois Department of State Police may, by rule in a
manner consistent with the Department's rules concerning
revocation, provide for the suspension of the Firearm Owner's
Identification Card of a person whose Firearm Owner's
Identification Card is subject to revocation and seizure under
this Act for the duration of the disqualification if the
disqualification is not a permanent grounds for revocation of a
Firearm Owner's Identification Card under this Act.
(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)
(430 ILCS 65/9.5)
Sec. 9.5. Revocation of Firearm Owner's Identification
Card.
(a) A person who receives a revocation notice under Section
9 of this Act shall, within 48 hours of receiving notice of the
revocation:
(1) surrender his or her Firearm Owner's
Identification Card to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the person a receipt and transmit the Firearm
Owner's Identification Card to the Illinois Department of
State Police; and
(2) complete a Firearm Disposition Record on a form
prescribed by the Illinois Department of State Police and
place his or her firearms in the location or with the

SB3642 - 1394 - LRB101 20589 WGH 70218 b
person reported in the Firearm Disposition Record. The form
shall require the person to disclose:
(A) the make, model, and serial number of each
firearm owned by or under the custody and control of
the revoked person;
(B) the location where each firearm will be
maintained during the prohibited term; and
(C) if any firearm will be transferred to the
custody of another person, the name, address and
Firearm Owner's Identification Card number of the
transferee.
(b) The local law enforcement agency shall provide a copy
of the Firearm Disposition Record to the person whose Firearm
Owner's Identification Card has been revoked and to the
Illinois Department of State Police.
(c) If the person whose Firearm Owner's Identification Card
has been revoked fails to comply with the requirements of this
Section, the sheriff or law enforcement agency where the person
resides may petition the circuit court to issue a warrant to
search for and seize the Firearm Owner's Identification Card
and firearms in the possession or under the custody or control
of the person whose Firearm Owner's Identification Card has
been revoked.
(d) A violation of subsection (a) of this Section is a
Class A misdemeanor.
(e) The observation of a Firearm Owner's Identification

SB3642 - 1395 - LRB101 20589 WGH 70218 b
Card in the possession of a person whose Firearm Owner's
Identification Card has been revoked constitutes a sufficient
basis for the arrest of that person for violation of this
Section.
(f) Within 30 days after the effective date of this
amendatory Act of the 98th General Assembly, the Illinois
Department of State Police shall provide written notice of the
requirements of this Section to persons whose Firearm Owner's
Identification Cards have been revoked, suspended, or expired
and who have failed to surrender their cards to the Department.
(g) A person whose Firearm Owner's Identification Card has
been revoked and who received notice under subsection (f) shall
comply with the requirements of this Section within 48 hours of
receiving notice.
(Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeal to director; hearing; relief from firearm
prohibitions.
(a) Whenever an application for a Firearm Owner's
Identification Card is denied, whenever the Department fails to
act on an application within 30 days of its receipt, or
whenever such a Card is revoked or seized as provided for in
Section 8 of this Act, the aggrieved party may appeal to the
Director of the Illinois State Police for a hearing upon such
denial, revocation or seizure, unless the denial, revocation,

SB3642 - 1396 - LRB101 20589 WGH 70218 b
or seizure was based upon a forcible felony, stalking,
aggravated stalking, domestic battery, any violation of the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Cannabis Control
Act that is classified as a Class 2 or greater felony, any
felony violation of Article 24 of the Criminal Code of 1961 or
the Criminal Code of 2012, or any adjudication as a delinquent
minor for the commission of an offense that if committed by an
adult would be a felony, in which case the aggrieved party may
petition the circuit court in writing in the county of his or
her residence for a hearing upon such denial, revocation, or
seizure.
(b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's Attorney
with a copy of the petition. The State's Attorney may object to
the petition and present evidence. At the hearing the court
shall determine whether substantial justice has been done.
Should the court determine that substantial justice has not
been done, the court shall issue an order directing the
Illinois Department of State Police to issue a Card. However,
the court shall not issue the order if the petitioner is
otherwise prohibited from obtaining, possessing, or using a
firearm under federal law.
(c) Any person prohibited from possessing a firearm under
Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
acquiring a Firearm Owner's Identification Card under Section 8

SB3642 - 1397 - LRB101 20589 WGH 70218 b
of this Act may apply to the Director of the Illinois State
Police or petition the circuit court in the county where the
petitioner resides, whichever is applicable in accordance with
subsection (a) of this Section, requesting relief from such
prohibition and the Director or court may grant such relief if
it is established by the applicant to the court's or Director's
satisfaction that:
(0.05) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any such hearing in the circuit court
and at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the petition;
(1) the applicant has not been convicted of a forcible
felony under the laws of this State or any other
jurisdiction within 20 years of the applicant's
application for a Firearm Owner's Identification Card, or
at least 20 years have passed since the end of any period
of imprisonment imposed in relation to that conviction;
(2) the circumstances regarding a criminal conviction,
where applicable, the applicant's criminal history and his
reputation are such that the applicant will not be likely
to act in a manner dangerous to public safety;
(3) granting relief would not be contrary to the public
interest; and
(4) granting relief would not be contrary to federal
law.

SB3642 - 1398 - LRB101 20589 WGH 70218 b
(c-5) (1) An active law enforcement officer employed by a
unit of government, who is denied, revoked, or has his or her
Firearm Owner's Identification Card seized under subsection
(e) of Section 8 of this Act may apply to the Director of the
Illinois State Police requesting relief if the officer did not
act in a manner threatening to the officer, another person, or
the public as determined by the treating clinical psychologist
or physician, and as a result of his or her work is referred by
the employer for or voluntarily seeks mental health evaluation
or treatment by a licensed clinical psychologist,
psychiatrist, or qualified examiner, and:
(A) the officer has not received treatment
involuntarily at a mental health facility, regardless of
the length of admission; or has not been voluntarily
admitted to a mental health facility for more than 30 days
and not for more than one incident within the past 5 years;
and
(B) the officer has not left the mental institution
against medical advice.
(2) The Director of the Illinois State Police shall grant
expedited relief to active law enforcement officers described
in paragraph (1) of this subsection (c-5) upon a determination
by the Director that the officer's possession of a firearm does
not present a threat to themselves, others, or public safety.
The Director shall act on the request for relief within 30
business days of receipt of:

SB3642 - 1399 - LRB101 20589 WGH 70218 b
(A) a notarized statement from the officer in the form
prescribed by the Director detailing the circumstances
that led to the hospitalization;
(B) all documentation regarding the admission,
evaluation, treatment and discharge from the treating
licensed clinical psychologist or psychiatrist of the
officer;
(C) a psychological fitness for duty evaluation of the
person completed after the time of discharge; and
(D) written confirmation in the form prescribed by the
Director from the treating licensed clinical psychologist
or psychiatrist that the provisions set forth in paragraph
(1) of this subsection (c-5) have been met, the person
successfully completed treatment, and their professional
opinion regarding the person's ability to possess
firearms.
(3) Officers eligible for the expedited relief in paragraph
(2) of this subsection (c-5) have the burden of proof on
eligibility and must provide all information required. The
Director may not consider granting expedited relief until the
proof and information is received.
(4) "Clinical psychologist", "psychiatrist", and
"qualified examiner" shall have the same meaning as provided in
Chapter I of the Mental Health and Developmental Disabilities
Code.
(c-10) (1) An applicant, who is denied, revoked, or has his

SB3642 - 1400 - LRB101 20589 WGH 70218 b
or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act based upon a
determination of a developmental disability or an intellectual
disability may apply to the Director of the Illinois State
Police requesting relief.
(2) The Director shall act on the request for relief within
60 business days of receipt of written certification, in the
form prescribed by the Director, from a physician or clinical
psychologist, or qualified examiner, that the aggrieved
party's developmental disability or intellectual disability
condition is determined by a physician, clinical psychologist,
or qualified to be mild. If a fact-finding conference is
scheduled to obtain additional information concerning the
circumstances of the denial or revocation, the 60 business days
the Director has to act shall be tolled until the completion of
the fact-finding conference.
(3) The Director may grant relief if the aggrieved party's
developmental disability or intellectual disability is mild as
determined by a physician, clinical psychologist, or qualified
examiner and it is established by the applicant to the
Director's satisfaction that:
(A) granting relief would not be contrary to the public
interest; and
(B) granting relief would not be contrary to federal
law.
(4) The Director may not grant relief if the condition is

SB3642 - 1401 - LRB101 20589 WGH 70218 b
determined by a physician, clinical psychologist, or qualified
examiner to be moderate, severe, or profound.
(5) The changes made to this Section by this amendatory Act
of the 99th General Assembly apply to requests for relief
pending on or before the effective date of this amendatory Act,
except that the 60-day period for the Director to act on
requests pending before the effective date shall begin on the
effective date of this amendatory Act.
(d) When a minor is adjudicated delinquent for an offense
which if committed by an adult would be a felony, the court
shall notify the Illinois Department of State Police.
(e) The court shall review the denial of an application or
the revocation of a Firearm Owner's Identification Card of a
person who has been adjudicated delinquent for an offense that
if committed by an adult would be a felony if an application
for relief has been filed at least 10 years after the
adjudication of delinquency and the court determines that the
applicant should be granted relief from disability to obtain a
Firearm Owner's Identification Card. If the court grants
relief, the court shall notify the Illinois Department of State
Police that the disability has been removed and that the
applicant is eligible to obtain a Firearm Owner's
Identification Card.
(f) Any person who is subject to the disabilities of 18
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
of 1968 because of an adjudication or commitment that occurred

SB3642 - 1402 - LRB101 20589 WGH 70218 b
under the laws of this State or who was determined to be
subject to the provisions of subsections (e), (f), or (g) of
Section 8 of this Act may apply to the Illinois Department of
State Police requesting relief from that prohibition. The
Director shall grant the relief if it is established by a
preponderance of the evidence that the person will not be
likely to act in a manner dangerous to public safety and that
granting relief would not be contrary to the public interest.
In making this determination, the Director shall receive
evidence concerning (i) the circumstances regarding the
firearms disabilities from which relief is sought; (ii) the
petitioner's mental health and criminal history records, if
any; (iii) the petitioner's reputation, developed at a minimum
through character witness statements, testimony, or other
character evidence; and (iv) changes in the petitioner's
condition or circumstances since the disqualifying events
relevant to the relief sought. If relief is granted under this
subsection or by order of a court under this Section, the
Director shall as soon as practicable but in no case later than
15 business days, update, correct, modify, or remove the
person's record in any database that the Illinois Department of
State Police makes available to the National Instant Criminal
Background Check System and notify the United States Attorney
General that the basis for the record being made available no
longer applies. The Illinois Department of State Police shall
adopt rules for the administration of this Section.

SB3642 - 1403 - LRB101 20589 WGH 70218 b
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
eff. 7-20-15.)
(430 ILCS 65/11) (from Ch. 38, par. 83-11)
Sec. 11. Judicial review of final administrative
decisions.
(a) All final administrative decisions of the Department
under this Act, except final administrative decisions of the
Director of the Illinois State Police to deny a person's
application for relief under subsection (f) of Section 10 of
this Act, shall be subject to judicial review under the
provisions of the Administrative Review Law, and all amendments
and modifications thereof, and the rules adopted pursuant
thereto. The term "administrative decision" is defined as in
Section 3-101 of the Code of Civil Procedure.
(b) Any final administrative decision by the Director of
the Illinois State Police to deny a person's application for
relief under subsection (f) of Section 10 of this Act is
subject to de novo judicial review by the circuit court, and
any party may offer evidence that is otherwise proper and
admissible without regard to whether that evidence is part of
the administrative record.
(c) The Director of the Illinois State Police shall submit
a report to the General Assembly on March 1 of each year,
beginning March 1, 1991, listing all final decisions by a court
of this State upholding, reversing, or reversing in part any

SB3642 - 1404 - LRB101 20589 WGH 70218 b
administrative decision made by the Illinois Department of
State Police.
(Source: P.A. 97-1131, eff. 1-1-13.)
(430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
Sec. 13.1. Preemption.
(a) Except as otherwise provided in the Firearm Concealed
Carry Act and subsections (b) and (c) of this Section, the
provisions of any ordinance enacted by any municipality which
requires registration or imposes greater restrictions or
limitations on the acquisition, possession and transfer of
firearms than are imposed by this Act, are not invalidated or
affected by this Act.
(b) Notwithstanding subsection (a) of this Section, the
regulation, licensing, possession, and registration of
handguns and ammunition for a handgun, and the transportation
of any firearm and ammunition by a holder of a valid Firearm
Owner's Identification Card issued by the Illinois Department
of State Police under this Act are exclusive powers and
functions of this State. Any ordinance or regulation, or
portion of that ordinance or regulation, enacted on or before
the effective date of this amendatory Act of the 98th General
Assembly that purports to impose regulations or restrictions on
a holder of a valid Firearm Owner's Identification Card issued
by the Illinois Department of State Police under this Act in a
manner that is inconsistent with this Act, on the effective

SB3642 - 1405 - LRB101 20589 WGH 70218 b
date of this amendatory Act of the 98th General Assembly, shall
be invalid in its application to a holder of a valid Firearm
Owner's Identification Card issued by the Illinois Department
of State Police under this Act.
(c) Notwithstanding subsection (a) of this Section, the
regulation of the possession or ownership of assault weapons
are exclusive powers and functions of this State. Any ordinance
or regulation, or portion of that ordinance or regulation, that
purports to regulate the possession or ownership of assault
weapons in a manner that is inconsistent with this Act, shall
be invalid unless the ordinance or regulation is enacted on,
before, or within 10 days after the effective date of this
amendatory Act of the 98th General Assembly. Any ordinance or
regulation described in this subsection (c) enacted more than
10 days after the effective date of this amendatory Act of the
98th General Assembly is invalid. An ordinance enacted on,
before, or within 10 days after the effective date of this
amendatory Act of the 98th General Assembly may be amended. The
enactment or amendment of ordinances under this subsection (c)
are subject to the submission requirements of Section 13.3. For
the purposes of this subsection, "assault weapons" means
firearms designated by either make or model or by a test or
list of cosmetic features that cumulatively would place the
firearm into a definition of "assault weapon" under the
ordinance.
(d) For the purposes of this Section, "handgun" has the

SB3642 - 1406 - LRB101 20589 WGH 70218 b
meaning ascribed to it in Section 5 of the Firearm Concealed
Carry Act.
(e) This Section is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
Sec. 13.2. Renewal; name or address change; replacement
card. The Illinois Department of State Police shall, 60 days
prior to the expiration of a Firearm Owner's Identification
Card, forward by first class mail to each person whose card is
to expire a notification of the expiration of the card and
instructions for renewal. It is the obligation of the holder of
a Firearm Owner's Identification Card to notify the Illinois
Department of State Police of any address change since the
issuance of the Firearm Owner's Identification Card. Whenever
any person moves from the residence address named on his or her
card, the person shall within 21 calendar days thereafter
notify in a form and manner prescribed by the Department of his
or her old and new residence addresses and the card number held
by him or her. Any person whose legal name has changed from the
name on the card that he or she has been previously issued must
apply for a corrected card within 30 calendar days after the
change. The cost for a corrected card shall be $5. The cost for
replacement of a card which has been lost, destroyed, or stolen

SB3642 - 1407 - LRB101 20589 WGH 70218 b
shall be $5 if the loss, destruction, or theft of the card is
reported to the Illinois Department of State Police. The fees
collected under this Section shall be deposited into the State
Police Firearm Services Fund.
(Source: P.A. 100-906, eff. 1-1-19.)
(430 ILCS 65/13.3)
Sec. 13.3. Municipal ordinance submission. Within 6 months
after the effective date of this amendatory Act of the 92nd
General Assembly, every municipality must submit to the
Illinois Department of State Police a copy of every ordinance
adopted by the municipality that regulates the acquisition,
possession, sale, or transfer of firearms within the
municipality and must submit, 30 days after adoption, every
such ordinance adopted after its initial submission of
ordinances under this Section. The Illinois Department of State
Police shall compile these ordinances and publish them in a
form available to the public free of charge and shall
periodically update this compilation of ordinances in a manner
prescribed by the Director of the Illinois State Police.
(Source: P.A. 92-238, eff. 8-3-01.)
(430 ILCS 65/15a) (from Ch. 38, par. 83-15a)
Sec. 15a. When this amendatory Act enacted by the
Seventy-Sixth General Assembly takes effect the records of the
Department of Public Safety relating to the administration of

SB3642 - 1408 - LRB101 20589 WGH 70218 b
the Act amended shall be transferred to the Illinois Department
of State Police. All Firearm Owner's Identification Cards
issued by the Department of Public Safety shall be valid for
the period for which they were issued unless revoked or seized
in the manner provided in the Act amended. The Illinois
Department of State Police as the successor to the Department
of Public Safety shall have the rights, powers and duties
provided in, and be subject to the provisions of Sections 5-95,
5-700, and 5-705 of the Departments of State Government Law (20
ILCS 5/5-95, 5/5-700, and 5/5-705).
(Source: P.A. 91-239, eff. 1-1-00.)
(430 ILCS 65/15b)
Sec. 15b. Certified abstracts. Any certified abstract
issued by the Director of the Illinois State Police or
transmitted electronically by the Director of the Illinois
State Police under this Section to a court or on request of a
law enforcement agency for the record of a named person as to
the status of the person's Firearm Owner's Identification Card
is prima facie evidence of the facts stated in the certified
abstract and if the name appearing in the abstract is the same
as that of a person named in an information or warrant, the
abstract is prima facie evidence that the person named in the
information or warrant is the same person as the person named
in the abstract and is admissible for any prosecution under
this Act or any other applicable violation of law and may be

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admitted as proof of any prior conviction or proof of records,
notices, or orders recorded on individual Firearm Owner's
Identification Card records maintained by the Illinois
Department of State Police.
(Source: P.A. 92-839, eff. 8-22-02.)
Section 870. The Firearm Concealed Carry Act is amended by
changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55,
65, 70, 75, 80, 87, 95, and 105 as follows:
(430 ILCS 66/5)
Sec. 5. Definitions. As used in this Act:
"Applicant" means a person who is applying for a license to
carry a concealed firearm under this Act.
"Board" means the Concealed Carry Licensing Review Board.
"Concealed firearm" means a loaded or unloaded handgun
carried on or about a person completely or mostly concealed
from view of the public or on or about a person within a
vehicle.
"Department" means the Department of State Police.
"Director" means the Director of the Illinois State Police.
"Handgun" means any device which is designed to expel a
projectile or projectiles by the action of an explosion,
expansion of gas, or escape of gas that is designed to be held
and fired by the use of a single hand. "Handgun" does not
include:

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(1) a stun gun or taser;
(2) a machine gun as defined in item (i) of paragraph
(7) of subsection (a) of Section 24-1 of the Criminal Code
of 2012;
(3) a short-barreled rifle or shotgun as defined in
item (ii) of paragraph (7) of subsection (a) of Section
24-1 of the Criminal Code of 2012; or
(4) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter, or which has a maximum
muzzle velocity of less than 700 feet per second, or which
expels breakable paint balls containing washable marking
colors.
"Law enforcement agency" means any federal, State, or local
law enforcement agency, including offices of State's Attorneys
and the Office of the Attorney General.
"License" means a license issued by the Illinois Department
of State Police to carry a concealed handgun.
"Licensee" means a person issued a license to carry a
concealed handgun.
"Municipality" has the meaning ascribed to it in Section 1
of Article VII of the Illinois Constitution.
"Unit of local government" has the meaning ascribed to it
in Section 1 of Article VII of the Illinois Constitution.
(Source: P.A. 98-63, eff. 7-9-13.)

SB3642 - 1411 - LRB101 20589 WGH 70218 b
(430 ILCS 66/10)
Sec. 10. Issuance of licenses to carry a concealed firearm.
(a) The Illinois State Police Department shall issue a
license to carry a concealed firearm under this Act to an
applicant who:
(1) meets the qualifications of Section 25 of this Act;
(2) has provided the application and documentation
required in Section 30 of this Act;
(3) has submitted the requisite fees; and
(4) does not pose a danger to himself, herself, or
others, or a threat to public safety as determined by the
Concealed Carry Licensing Review Board in accordance with
Section 20.
(b) The Illinois State Police Department shall issue a
renewal, corrected, or duplicate license as provided in this
Act.
(c) A license shall be valid throughout the State for a
period of 5 years from the date of issuance. A license shall
permit the licensee to:
(1) carry a loaded or unloaded concealed firearm, fully
concealed or partially concealed, on or about his or her
person; and
(2) keep or carry a loaded or unloaded concealed
firearm on or about his or her person within a vehicle.
(d) The Illinois State Police Department shall make
applications for a license available no later than 180 days

SB3642 - 1412 - LRB101 20589 WGH 70218 b
after the effective date of this Act. The Illinois State Police
Department shall establish rules for the availability and
submission of applications in accordance with this Act.
(e) An application for a license submitted to the Illinois
State Police Department that contains all the information and
materials required by this Act, including the requisite fee,
shall be deemed completed. Except as otherwise provided in this
Act, no later than 90 days after receipt of a completed
application, the Illinois State Police Department shall issue
or deny the applicant a license.
(f) The Illinois State Police Department shall deny the
applicant a license if the applicant fails to meet the
requirements under this Act or the Illinois State Police
Department receives a determination from the Board that the
applicant is ineligible for a license. The Illinois State
Police Department must notify the applicant stating the grounds
for the denial. The notice of denial must inform the applicant
of his or her right to an appeal through administrative and
judicial review.
(g) A licensee shall possess a license at all times the
licensee carries a concealed firearm except:
(1) when the licensee is carrying or possessing a
concealed firearm on his or her land or in his or her
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission;

SB3642 - 1413 - LRB101 20589 WGH 70218 b
(2) when the person is authorized to carry a firearm
under Section 24-2 of the Criminal Code of 2012, except
subsection (a-5) of that Section; or
(3) when the handgun is broken down in a
non-functioning state, is not immediately accessible, or
is unloaded and enclosed in a case.
(h) If an officer of a law enforcement agency initiates an
investigative stop, including but not limited to a traffic
stop, of a licensee or a non-resident carrying a concealed
firearm under subsection (e) of Section 40 of this Act, upon
the request of the officer the licensee or non-resident shall
disclose to the officer that he or she is in possession of a
concealed firearm under this Act, or present the license upon
the request of the officer if he or she is a licensee or
present upon the request of the officer evidence under
paragraph (2) of subsection (e) of Section 40 of this Act that
he or she is a non-resident qualified to carry under that
subsection. The disclosure requirement under this subsection
(h) is satisfied if the licensee presents his or her license to
the officer or the non-resident presents to the officer
evidence under paragraph (2) of subsection (e) of Section 40 of
this Act that he or she is qualified to carry under that
subsection. Upon the request of the officer, the licensee or
non-resident shall also identify the location of the concealed
firearm and permit the officer to safely secure the firearm for
the duration of the investigative stop. During a traffic stop,

SB3642 - 1414 - LRB101 20589 WGH 70218 b
any passenger within the vehicle who is a licensee or a
non-resident carrying under subsection (e) of Section 40 of
this Act must comply with the requirements of this subsection
(h).
(h-1) If a licensee carrying a firearm or a non-resident
carrying a firearm in a vehicle under subsection (e) of Section
40 of this Act is contacted by a law enforcement officer or
emergency services personnel, the law enforcement officer or
emergency services personnel may secure the firearm or direct
that it be secured during the duration of the contact if the
law enforcement officer or emergency services personnel
determines that it is necessary for the safety of any person
present, including the law enforcement officer or emergency
services personnel. The licensee or nonresident shall submit to
the order to secure the firearm. When the law enforcement
officer or emergency services personnel have determined that
the licensee or non-resident is not a threat to the safety of
any person present, including the law enforcement officer or
emergency services personnel, and if the licensee or
non-resident is physically and mentally capable of possessing
the firearm, the law enforcement officer or emergency services
personnel shall return the firearm to the licensee or
non-resident before releasing him or her from the scene and
breaking contact. If the licensee or non-resident is
transported for treatment to another location, the firearm
shall be turned over to any peace officer. The peace officer

SB3642 - 1415 - LRB101 20589 WGH 70218 b
shall provide a receipt which includes the make, model,
caliber, and serial number of the firearm.
(i) The Illinois State Police Department shall maintain a
database of license applicants and licensees. The database
shall be available to all federal, State, and local law
enforcement agencies, State's Attorneys, the Attorney General,
and authorized court personnel. Within 180 days after the
effective date of this Act, the database shall be searchable
and provide all information included in the application,
including the applicant's previous addresses within the 10
years prior to the license application and any information
related to violations of this Act. No law enforcement agency,
State's Attorney, Attorney General, or member or staff of the
judiciary shall provide any information to a requester who is
not entitled to it by law.
(j) No later than 10 days after receipt of a completed
application, the Illinois State Police Department shall enter
the relevant information about the applicant into the database
under subsection (i) of this Section which is accessible by law
enforcement agencies.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
eff. 7-10-15.)
(430 ILCS 66/15)
Sec. 15. Objections by law enforcement agencies.
(a) Any law enforcement agency may submit an objection to a

SB3642 - 1416 - LRB101 20589 WGH 70218 b
license applicant based upon a reasonable suspicion that the
applicant is a danger to himself or herself or others, or a
threat to public safety. The objection shall be made by the
chief law enforcement officer of the law enforcement agency, or
his or her designee, and must include any information relevant
to the objection. If a law enforcement agency submits an
objection within 30 days after the entry of an applicant into
the database, the Illinois State Police Department shall submit
the objection and all information available to the Board under
State and federal law related to the application to the Board
within 10 days of completing all necessary background checks.
(b) If an applicant has 5 or more arrests for any reason,
that have been entered into the Criminal History Records
Information (CHRI) System, within the 7 years preceding the
date of application for a license, or has 3 or more arrests
within the 7 years preceding the date of application for a
license for any combination of gang-related offenses, the
Illinois State Police Department shall object and submit the
applicant's arrest record to the extent the Board is allowed to
receive that information under State and federal law, the
application materials, and any additional information
submitted by a law enforcement agency to the Board. For
purposes of this subsection, "gang-related offense" is an
offense described in Section 12-6.4, Section 24-1.8, Section
25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of
subsection (a) of Section 12-6.2, paragraph (2) of subsection

SB3642 - 1417 - LRB101 20589 WGH 70218 b
(b) of Section 16-30, paragraph (2) of subsection (b) of
Section 31-4, or item (iii) of paragraph (1.5) of subsection
(i) of Section 48-1 of the Criminal Code of 2012.
(c) The referral of an objection under this Section to the
Board shall toll the 90-day period for the Illinois State
Police Department to issue or deny the applicant a license
under subsection (e) of Section 10 of this Act, during the
period of review and until the Board issues its decision.
(d) If no objection is made by a law enforcement agency or
the Illinois State Police Department under this Section, the
Illinois State Police Department shall process the application
in accordance with this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/20)
Sec. 20. Concealed Carry Licensing Review Board.
(a) There is hereby created within the Illinois Department
of State Police a Concealed Carry Licensing Review Board to
consider any objection to an applicant's eligibility to obtain
a license under this Act submitted by a law enforcement agency
or the Illinois State Police Department under Section 15 of
this Act. The Board shall consist of 7 commissioners to be
appointed by the Governor, with the advice and consent of the
Senate, with 3 commissioners residing within the First Judicial
District and one commissioner residing within each of the 4
remaining Judicial Districts. No more than 4 commissioners

SB3642 - 1418 - LRB101 20589 WGH 70218 b
shall be members of the same political party. The Governor
shall designate one commissioner as the Chairperson. The Board
shall consist of:
(1) one commissioner with at least 5 years of service
as a federal judge;
(2) 2 commissioners with at least 5 years of experience
serving as an attorney with the United States Department of
Justice;
(3) 3 commissioners with at least 5 years of experience
as a federal agent or employee with investigative
experience or duties related to criminal justice under the
United States Department of Justice, Drug Enforcement
Administration, Department of Homeland Security, or
Federal Bureau of Investigation; and
(4) one member with at least 5 years of experience as a
licensed physician or clinical psychologist with expertise
in the diagnosis and treatment of mental illness.
(b) The initial terms of the commissioners shall end on
January 12, 2015. Thereafter, the commissioners shall hold
office for 4 years, with terms expiring on the second Monday in
January of the fourth year. Commissioners may be reappointed.
Vacancies in the office of commissioner shall be filled in the
same manner as the original appointment, for the remainder of
the unexpired term. The Governor may remove a commissioner for
incompetence, neglect of duty, malfeasance, or inability to
serve. Commissioners shall receive compensation in an amount

SB3642 - 1419 - LRB101 20589 WGH 70218 b
equal to the compensation of members of the Executive Ethics
Commission and may be reimbursed for reasonable expenses
actually incurred in the performance of their Board duties,
from funds appropriated for that purpose.
(c) The Board shall meet at the call of the chairperson as
often as necessary to consider objections to applications for a
license under this Act. If necessary to ensure the
participation of a commissioner, the Board shall allow a
commissioner to participate in a Board meeting by electronic
communication. Any commissioner participating electronically
shall be deemed present for purposes of establishing a quorum
and voting.
(d) The Board shall adopt rules for the review of
objections and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials considered
in making its decisions. All Board decisions and voting records
shall be kept confidential and all materials considered by the
Board shall be exempt from inspection except upon order of a
court.
(e) In considering an objection of a law enforcement agency
or the Illinois State Police Department, the Board shall review
the materials received with the objection from the law
enforcement agency or the Illinois State Police Department. By
a vote of at least 4 commissioners, the Board may request
additional information from the law enforcement agency,
Illinois State Police Department, or the applicant, or the

SB3642 - 1420 - LRB101 20589 WGH 70218 b
testimony of the law enforcement agency, Illinois State Police
Department, or the applicant. The Board may require that the
applicant submit electronic fingerprints to the Illinois State
Police Department for an updated background check where the
Board determines it lacks sufficient information to determine
eligibility. The Board may only consider information submitted
by the Illinois State Police Department, a law enforcement
agency, or the applicant. The Board shall review each objection
and determine by a majority of commissioners whether an
applicant is eligible for a license.
(f) The Board shall issue a decision within 30 days of
receipt of the objection from the Illinois State Police
Department. However, the Board need not issue a decision within
30 days if:
(1) the Board requests information from the applicant,
including but not limited to electronic fingerprints to be
submitted to the Illinois State Police Department, in
accordance with subsection (e) of this Section, in which
case the Board shall make a decision within 30 days of
receipt of the required information from the applicant;
(2) the applicant agrees, in writing, to allow the
Board additional time to consider an objection; or
(3) the Board notifies the applicant and the Illinois
State Police Department that the Board needs an additional
30 days to issue a decision.
(g) If the Board determines by a preponderance of the

SB3642 - 1421 - LRB101 20589 WGH 70218 b
evidence that the applicant poses a danger to himself or
herself or others, or is a threat to public safety, then the
Board shall affirm the objection of the law enforcement agency
or the Illinois State Police Department and shall notify the
Illinois State Police Department that the applicant is
ineligible for a license. If the Board does not determine by a
preponderance of the evidence that the applicant poses a danger
to himself or herself or others, or is a threat to public
safety, then the Board shall notify the Illinois State Police
Department that the applicant is eligible for a license.
(h) Meetings of the Board shall not be subject to the Open
Meetings Act and records of the Board shall not be subject to
the Freedom of Information Act.
(i) The Board shall report monthly to the Governor and the
General Assembly on the number of objections received and
provide details of the circumstances in which the Board has
determined to deny licensure based on law enforcement or
Illinois State Police Department objections under Section 15 of
this Act. The report shall not contain any identifying
information about the applicants.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/25)
Sec. 25. Qualifications for a license.
The Illinois State Police Department shall issue a license
to an applicant completing an application in accordance with

SB3642 - 1422 - LRB101 20589 WGH 70218 b
Section 30 of this Act if the person:
(1) is at least 21 years of age;
(2) has a currently valid Firearm Owner's
Identification Card and at the time of application meets
the requirements for the issuance of a Firearm Owner's
Identification Card and is not prohibited under the Firearm
Owners Identification Card Act or federal law from
possessing or receiving a firearm;
(3) has not been convicted or found guilty in this
State or in any other state of:
(A) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the license application; or
(B) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application;
(4) is not the subject of a pending arrest warrant,
prosecution, or proceeding for an offense or action that
could lead to disqualification to own or possess a firearm;
(5) has not been in residential or court-ordered
treatment for alcoholism, alcohol detoxification, or drug
treatment within the 5 years immediately preceding the date
of the license application; and
(6) has completed firearms training and any education

SB3642 - 1423 - LRB101 20589 WGH 70218 b
component required under Section 75 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(430 ILCS 66/30)
Sec. 30. Contents of license application.
(a) The license application shall be in writing, under
penalty of perjury, on a standard form adopted by the Illinois
State Police Department and shall be accompanied by the
documentation required in this Section and the applicable fee.
Each application form shall include the following statement
printed in bold type: "Warning: Entering false information on
this form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012."
(b) The application shall contain the following:
(1) the applicant's name, current address, date and
year of birth, place of birth, height, weight, hair color,
eye color, maiden name or any other name the applicant has
used or identified with, and any address where the
applicant resided for more than 30 days within the 10 years
preceding the date of the license application;
(2) the applicant's valid driver's license number or
valid state identification card number;
(3) a waiver of the applicant's privacy and
confidentiality rights and privileges under all federal
and state laws, including those limiting access to juvenile
court, criminal justice, psychological, or psychiatric

SB3642 - 1424 - LRB101 20589 WGH 70218 b
records or records relating to any institutionalization of
the applicant, and an affirmative request that a person
having custody of any of these records provide it or
information concerning it to the Illinois State Police
Department. The waiver only applies to records sought in
connection with determining whether the applicant
qualifies for a license to carry a concealed firearm under
this Act, or whether the applicant remains in compliance
with the Firearm Owners Identification Card Act;
(4) an affirmation that the applicant possesses a
currently valid Firearm Owner's Identification Card and
card number if possessed or notice the applicant is
applying for a Firearm Owner's Identification Card in
conjunction with the license application;
(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;
(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the application; or
(C) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application; and
(6) whether the applicant has failed a drug test for a

SB3642 - 1425 - LRB101 20589 WGH 70218 b
drug for which the applicant did not have a prescription,
within the previous year, and if so, the provider of the
test, the specific substance involved, and the date of the
test;
(7) written consent for the Illinois State Police
Department to review and use the applicant's Illinois
digital driver's license or Illinois identification card
photograph and signature;
(8) a full set of fingerprints submitted to the
Illinois State Police Department in electronic format,
provided the Illinois State Police Department may accept an
application submitted without a set of fingerprints in
which case the Illinois State Police Department shall be
granted 30 days in addition to the 90 days provided under
subsection (e) of Section 10 of this Act to issue or deny a
license;
(9) a head and shoulder color photograph in a size
specified by the Illinois State Police Department taken
within the 30 days preceding the date of the license
application; and
(10) a photocopy of any certificates or other evidence
of compliance with the training requirements under this
Act.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
(430 ILCS 66/35)

SB3642 - 1426 - LRB101 20589 WGH 70218 b
Sec. 35. Investigation of the applicant.
The Illinois State Police Department shall conduct a
background check of the applicant to ensure compliance with the
requirements of this Act and all federal, State, and local
laws. The background check shall include a search of the
following:
(1) the National Instant Criminal Background Check
System of the Federal Bureau of Investigation;
(2) all available state and local criminal history
record information files, including records of juvenile
adjudications;
(3) all available federal, state, and local records
regarding wanted persons;
(4) all available federal, state, and local records of
domestic violence restraining and protective orders;
(5) the files of the Department of Human Services
relating to mental health and developmental disabilities;
and
(6) all other available records of a federal, state, or
local agency or other public entity in any jurisdiction
likely to contain information relevant to whether the
applicant is prohibited from purchasing, possessing, or
carrying a firearm under federal, state, or local law.
Fingerprints collected under Section 30 shall be checked
against the Illinois Department of State Police and Federal
Bureau of Investigation criminal history record databases now

SB3642 - 1427 - LRB101 20589 WGH 70218 b
and hereafter filed. The Illinois State Police Department shall
charge applicants a fee for conducting the criminal history
records check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check.
(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
(430 ILCS 66/40)
Sec. 40. Non-resident license applications.
(a) For the purposes of this Section, "non-resident" means
a person who has not resided within this State for more than 30
days and resides in another state or territory.
(b) The Illinois State Police Department shall by rule
allow for non-resident license applications from any state or
territory of the United States with laws related to firearm
ownership, possession, and carrying, that are substantially
similar to the requirements to obtain a license under this Act.
(c) A resident of a state or territory approved by the
Illinois State Police Department under subsection (b) of this
Section may apply for a non-resident license. The applicant
shall apply to the Illinois State Police Department and must
meet all of the qualifications established in Section 25 of
this Act, except for the Illinois residency requirement in item
(xiv) of paragraph (2) of subsection (a) of Section 4 of the
Firearm Owners Identification Card Act. The applicant shall
submit:

SB3642 - 1428 - LRB101 20589 WGH 70218 b
(1) the application and documentation required under
Section 30 of this Act and the applicable fee;
(2) a notarized document stating that the applicant:
(A) is eligible under federal law and the laws of
his or her state or territory of residence to own or
possess a firearm;
(B) if applicable, has a license or permit to carry
a firearm or concealed firearm issued by his or her
state or territory of residence and attach a copy of
the license or permit to the application;
(C) understands Illinois laws pertaining to the
possession and transport of firearms; and
(D) acknowledges that the applicant is subject to
the jurisdiction of the Illinois State Police
Department and Illinois courts for any violation of
this Act;
(3) a photocopy of any certificates or other evidence
of compliance with the training requirements under Section
75 of this Act; and
(4) a head and shoulder color photograph in a size
specified by the Illinois State Police Department taken
within the 30 days preceding the date of the application.
(d) In lieu of an Illinois driver's license or Illinois
identification card, a non-resident applicant shall provide
similar documentation from his or her state or territory of
residence. In lieu of a valid Firearm Owner's Identification

SB3642 - 1429 - LRB101 20589 WGH 70218 b
Card, the applicant shall submit documentation and information
required by the Illinois State Police Department to obtain a
Firearm Owner's Identification Card, including an affidavit
that the non-resident meets the mental health standards to
obtain a firearm under Illinois law, and the Illinois State
Police Department shall ensure that the applicant would meet
the eligibility criteria to obtain a Firearm Owner's
Identification card if he or she was a resident of this State.
(e) Nothing in this Act shall prohibit a non-resident from
transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her
vehicle and the non-resident:
(1) is not prohibited from owning or possessing a
firearm under federal law;
(2) is eligible to carry a firearm in public under the
laws of his or her state or territory of residence, as
evidenced by the possession of a concealed carry license or
permit issued by his or her state of residence, if
applicable; and
(3) is not in possession of a license under this Act.
If the non-resident leaves his or her vehicle unattended,
he or she shall store the firearm within a locked vehicle or
locked container within the vehicle in accordance with
subsection (b) of Section 65 of this Act.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
eff. 7-20-15.)

SB3642 - 1430 - LRB101 20589 WGH 70218 b
(430 ILCS 66/45)
Sec. 45. Civil immunity; Board, employees, and agents. The
Board, Illinois State Police Department, local law enforcement
agency, or the employees and agents of the Board, Illinois
State Police Department, or local law enforcement agency
participating in the licensing process under this Act shall not
be held liable for damages in any civil action arising from
alleged wrongful or improper granting, denying, renewing,
revoking, suspending, or failing to grant, deny, renew, revoke,
or suspend a license under this Act, except for willful or
wanton misconduct.
(Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/50)
Sec. 50. License renewal.
(a) This subsection (a) applies through the 180th day
following the effective date of this amendatory Act of the
101st General Assembly. Applications for renewal of a license
shall be made to the Illinois State Police Department. A
license shall be renewed for a period of 5 years upon receipt
of a completed renewal application, completion of 3 hours of
training required under Section 75 of this Act, payment of the
applicable renewal fee, and completion of an investigation
under Section 35 of this Act. The renewal application shall
contain the information required in Section 30 of this Act,

SB3642 - 1431 - LRB101 20589 WGH 70218 b
except that the applicant need not resubmit a full set of
fingerprints.
(b) This subsection (b) applies on and after the 181st day
following the effective date of this amendatory Act of the
101st General Assembly. Applications for renewal of a license
shall be made to the Illinois State Police Department. A
license shall be renewed for a period of 5 years from the date
of expiration on the applicant's current license upon the
receipt of a completed renewal application, completion of 3
hours of training required under Section 75 of this Act,
payment of the applicable renewal fee, and completion of an
investigation under Section 35 of this Act. The renewal
application shall contain the information required in Section
30 of this Act, except that the applicant need not resubmit a
full set of fingerprints.
(Source: P.A. 101-80, eff. 7-12-19.)
(430 ILCS 66/55)
Sec. 55. Change of address or name; lost, destroyed, or
stolen licenses.
(a) A licensee shall notify the Illinois State Police
Department within 30 days of moving or changing residence or
any change of name. The licensee shall submit the requisite fee
and the Illinois State Police Department may require a
notarized statement that the licensee has changed his or her
residence or his or her name, including the prior and current

SB3642 - 1432 - LRB101 20589 WGH 70218 b
address or name and the date the applicant moved or changed his
or her name.
(b) A licensee shall notify the Illinois State Police
Department within 10 days of discovering that a license has
been lost, destroyed, or stolen. A lost, destroyed, or stolen
license is invalid. To request a replacement license, the
licensee shall submit:
(1) a notarized statement that the licensee no longer
possesses the license, and that it was lost, destroyed, or
stolen;
(2) if applicable, a copy of a police report stating
that the license was stolen; and
(3) the requisite fee.
(c) A violation of this Section is a petty offense with a
fine of $150 which shall be deposited into the Mental Health
Reporting Fund.
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
(430 ILCS 66/65)
Sec. 65. Prohibited areas.
(a) A licensee under this Act shall not knowingly carry a
firearm on or into:
(1) Any building, real property, and parking area under
the control of a public or private elementary or secondary
school.
(2) Any building, real property, and parking area under

SB3642 - 1433 - LRB101 20589 WGH 70218 b
the control of a pre-school or child care facility,
including any room or portion of a building under the
control of a pre-school or child care facility. Nothing in
this paragraph shall prevent the operator of a child care
facility in a family home from owning or possessing a
firearm in the home or license under this Act, if no child
under child care at the home is present in the home or the
firearm in the home is stored in a locked container when a
child under child care at the home is present in the home.
(3) Any building, parking area, or portion of a
building under the control of an officer of the executive
or legislative branch of government, provided that nothing
in this paragraph shall prohibit a licensee from carrying a
concealed firearm onto the real property, bikeway, or trail
in a park regulated by the Department of Natural Resources
or any other designated public hunting area or building
where firearm possession is permitted as established by the
Department of Natural Resources under Section 1.8 of the
Wildlife Code.
(4) Any building designated for matters before a
circuit court, appellate court, or the Supreme Court, or
any building or portion of a building under the control of
the Supreme Court.
(5) Any building or portion of a building under the
control of a unit of local government.
(6) Any building, real property, and parking area under

SB3642 - 1434 - LRB101 20589 WGH 70218 b
the control of an adult or juvenile detention or
correctional institution, prison, or jail.
(7) Any building, real property, and parking area under
the control of a public or private hospital or hospital
affiliate, mental health facility, or nursing home.
(8) Any bus, train, or form of transportation paid for
in whole or in part with public funds, and any building,
real property, and parking area under the control of a
public transportation facility paid for in whole or in part
with public funds.
(9) Any building, real property, and parking area under
the control of an establishment that serves alcohol on its
premises, if more than 50% of the establishment's gross
receipts within the prior 3 months is from the sale of
alcohol. The owner of an establishment who knowingly fails
to prohibit concealed firearms on its premises as provided
in this paragraph or who knowingly makes a false statement
or record to avoid the prohibition on concealed firearms
under this paragraph is subject to the penalty under
subsection (c-5) of Section 10-1 of the Liquor Control Act
of 1934.
(10) Any public gathering or special event conducted on
property open to the public that requires the issuance of a
permit from the unit of local government, provided this
prohibition shall not apply to a licensee who must walk
through a public gathering in order to access his or her

SB3642 - 1435 - LRB101 20589 WGH 70218 b
residence, place of business, or vehicle.
(11) Any building or real property that has been issued
a Special Event Retailer's license as defined in Section
1-3.17.1 of the Liquor Control Act during the time
designated for the sale of alcohol by the Special Event
Retailer's license, or a Special use permit license as
defined in subsection (q) of Section 5-1 of the Liquor
Control Act during the time designated for the sale of
alcohol by the Special use permit license.
(12) Any public playground.
(13) Any public park, athletic area, or athletic
facility under the control of a municipality or park
district, provided nothing in this Section shall prohibit a
licensee from carrying a concealed firearm while on a trail
or bikeway if only a portion of the trail or bikeway
includes a public park.
(14) Any real property under the control of the Cook
County Forest Preserve District.
(15) Any building, classroom, laboratory, medical
clinic, hospital, artistic venue, athletic venue,
entertainment venue, officially recognized
university-related organization property, whether owned or
leased, and any real property, including parking areas,
sidewalks, and common areas under the control of a public
or private community college, college, or university.
(16) Any building, real property, or parking area under

SB3642 - 1436 - LRB101 20589 WGH 70218 b
the control of a gaming facility licensed under the
Illinois Gambling Act or the Illinois Horse Racing Act of
1975, including an inter-track wagering location licensee.
(17) Any stadium, arena, or the real property or
parking area under the control of a stadium, arena, or any
collegiate or professional sporting event.
(18) Any building, real property, or parking area under
the control of a public library.
(19) Any building, real property, or parking area under
the control of an airport.
(20) Any building, real property, or parking area under
the control of an amusement park.
(21) Any building, real property, or parking area under
the control of a zoo or museum.
(22) Any street, driveway, parking area, property,
building, or facility, owned, leased, controlled, or used
by a nuclear energy, storage, weapons, or development site
or facility regulated by the federal Nuclear Regulatory
Commission. The licensee shall not under any circumstance
store a firearm or ammunition in his or her vehicle or in a
compartment or container within a vehicle located anywhere
in or on the street, driveway, parking area, property,
building, or facility described in this paragraph.
(23) Any area where firearms are prohibited under
federal law.
(a-5) Nothing in this Act shall prohibit a public or

SB3642 - 1437 - LRB101 20589 WGH 70218 b
private community college, college, or university from:
(1) prohibiting persons from carrying a firearm within
a vehicle owned, leased, or controlled by the college or
university;
(2) developing resolutions, regulations, or policies
regarding student, employee, or visitor misconduct and
discipline, including suspension and expulsion;
(3) developing resolutions, regulations, or policies
regarding the storage or maintenance of firearms, which
must include designated areas where persons can park
vehicles that carry firearms; and
(4) permitting the carrying or use of firearms for the
purpose of instruction and curriculum of officially
recognized programs, including but not limited to military
science and law enforcement training programs, or in any
designated area used for hunting purposes or target
shooting.
(a-10) The owner of private real property of any type may
prohibit the carrying of concealed firearms on the property
under his or her control. The owner must post a sign in
accordance with subsection (d) of this Section indicating that
firearms are prohibited on the property, unless the property is
a private residence.
(b) Notwithstanding subsections (a), (a-5), and (a-10) of
this Section except under paragraph (22) or (23) of subsection
(a), any licensee prohibited from carrying a concealed firearm

SB3642 - 1438 - LRB101 20589 WGH 70218 b
into the parking area of a prohibited location specified in
subsection (a), (a-5), or (a-10) of this Section shall be
permitted to carry a concealed firearm on or about his or her
person within a vehicle into the parking area and may store a
firearm or ammunition concealed in a case within a locked
vehicle or locked container out of plain view within the
vehicle in the parking area. A licensee may carry a concealed
firearm in the immediate area surrounding his or her vehicle
within a prohibited parking lot area only for the limited
purpose of storing or retrieving a firearm within the vehicle's
trunk. For purposes of this subsection, "case" includes a glove
compartment or console that completely encloses the concealed
firearm or ammunition, the trunk of the vehicle, or a firearm
carrying box, shipping box, or other container.
(c) A licensee shall not be in violation of this Section
while he or she is traveling along a public right of way that
touches or crosses any of the premises under subsection (a),
(a-5), or (a-10) of this Section if the concealed firearm is
carried on his or her person in accordance with the provisions
of this Act or is being transported in a vehicle by the
licensee in accordance with all other applicable provisions of
law.
(d) Signs stating that the carrying of firearms is
prohibited shall be clearly and conspicuously posted at the
entrance of a building, premises, or real property specified in
this Section as a prohibited area, unless the building or

SB3642 - 1439 - LRB101 20589 WGH 70218 b
premises is a private residence. Signs shall be of a uniform
design as established by the Illinois State Police Department
and shall be 4 inches by 6 inches in size. The Illinois State
Police Department shall adopt rules for standardized signs to
be used under this subsection.
(Source: P.A. 101-31, eff. 6-28-19.)
(430 ILCS 66/70)
Sec. 70. Violations.
(a) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found to be ineligible
for a license under this Act or the licensee no longer meets
the eligibility requirements of the Firearm Owners
Identification Card Act.
(b) A license shall be suspended if an order of protection,
including an emergency order of protection, plenary order of
protection, or interim order of protection under Article 112A
of the Code of Criminal Procedure of 1963 or under the Illinois
Domestic Violence Act of 1986, or if a firearms restraining
order, including an emergency firearms restraining order,
under the Firearms Restraining Order Act, is issued against a
licensee for the duration of the order, or if the Illinois
State Police Department is made aware of a similar order issued
against the licensee in any other jurisdiction. If an order of
protection is issued against a licensee, the licensee shall
surrender the license, as applicable, to the court at the time

SB3642 - 1440 - LRB101 20589 WGH 70218 b
the order is entered or to the law enforcement agency or entity
serving process at the time the licensee is served the order.
The court, law enforcement agency, or entity responsible for
serving the order of protection shall notify the Illinois State
Police Department within 7 days and transmit the license to the
Illinois State Police Department.
(c) A license is invalid upon expiration of the license,
unless the licensee has submitted an application to renew the
license, and the applicant is otherwise eligible to possess a
license under this Act.
(d) A licensee shall not carry a concealed firearm while
under the influence of alcohol, other drug or drugs,
intoxicating compound or combination of compounds, or any
combination thereof, under the standards set forth in
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
A licensee in violation of this subsection (d) shall be
guilty of a Class A misdemeanor for a first or second violation
and a Class 4 felony for a third violation. The Illinois State
Police Department may suspend a license for up to 6 months for
a second violation and shall permanently revoke a license for a
third violation.
(e) Except as otherwise provided, a licensee in violation
of this Act shall be guilty of a Class B misdemeanor. A second
or subsequent violation is a Class A misdemeanor. The Illinois
State Police Department may suspend a license for up to 6
months for a second violation and shall permanently revoke a

SB3642 - 1441 - LRB101 20589 WGH 70218 b
license for 3 or more violations of Section 65 of this Act. Any
person convicted of a violation under this Section shall pay a
$150 fee to be deposited into the Mental Health Reporting Fund,
plus any applicable court costs or fees.
(f) A licensee convicted or found guilty of a violation of
this Act who has a valid license and is otherwise eligible to
carry a concealed firearm shall only be subject to the
penalties under this Section and shall not be subject to the
penalties under Section 21-6, paragraph (4), (8), or (10) of
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
of paragraph (3) of subsection (a) of Section 24-1.6 of the
Criminal Code of 2012. Except as otherwise provided in this
subsection, nothing in this subsection prohibits the licensee
from being subjected to penalties for violations other than
those specified in this Act.
(g) A licensee whose license is revoked, suspended, or
denied shall, within 48 hours of receiving notice of the
revocation, suspension, or denial, surrender his or her
concealed carry license to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the licensee a receipt and transmit the concealed
carry license to the Illinois Department of State Police. If
the licensee whose concealed carry license has been revoked,
suspended, or denied fails to comply with the requirements of
this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to

SB3642 - 1442 - LRB101 20589 WGH 70218 b
search for and seize the concealed carry license in the
possession and under the custody or control of the licensee
whose concealed carry license has been revoked, suspended, or
denied. The observation of a concealed carry license in the
possession of a person whose license has been revoked,
suspended, or denied constitutes a sufficient basis for the
arrest of that person for violation of this subsection. A
violation of this subsection is a Class A misdemeanor.
(h) A license issued or renewed under this Act shall be
revoked if, at any time, the licensee is found ineligible for a
Firearm Owner's Identification Card, or the licensee no longer
possesses a valid Firearm Owner's Identification Card. A
licensee whose license is revoked under this subsection (h)
shall surrender his or her concealed carry license as provided
for in subsection (g) of this Section.
This subsection shall not apply to a person who has filed
an application with the Illinois State Police for renewal of a
Firearm Owner's Identification Card and who is not otherwise
ineligible to obtain a Firearm Owner's Identification Card.
(i) A certified firearms instructor who knowingly provides
or offers to provide a false certification that an applicant
has completed firearms training as required under this Act is
guilty of a Class A misdemeanor. A person guilty of a violation
of this subsection (i) is not eligible for court supervision.
The Illinois State Police Department shall permanently revoke
the firearms instructor certification of a person convicted

SB3642 - 1443 - LRB101 20589 WGH 70218 b
under this subsection (i).
(Source: P.A. 100-607, eff. 1-1-19.)
(430 ILCS 66/75)
Sec. 75. Applicant firearm training.
(a) Within 60 days of the effective date of this Act, the
Illinois State Police Department shall begin approval of
firearm training courses and shall make a list of approved
courses available on the Illinois State Police's Department's
website.
(b) An applicant for a new license shall provide proof of
completion of a firearms training course or combination of
courses approved by the Illinois State Police Department of at
least 16 hours, which includes range qualification time under
subsection (c) of this Section, that covers the following:
(1) firearm safety;
(2) the basic principles of marksmanship;
(3) care, cleaning, loading, and unloading of a
concealable firearm;
(4) all applicable State and federal laws relating to
the ownership, storage, carry, and transportation of a
firearm; and
(5) instruction on the appropriate and lawful
interaction with law enforcement while transporting or
carrying a concealed firearm.
(c) An applicant for a new license shall provide proof of

SB3642 - 1444 - LRB101 20589 WGH 70218 b
certification by a certified instructor that the applicant
passed a live fire exercise with a concealable firearm
consisting of:
(1) a minimum of 30 rounds; and
(2) 10 rounds from a distance of 5 yards; 10 rounds
from a distance of 7 yards; and 10 rounds from a distance
of 10 yards at a B-27 silhouette target approved by the
Illinois State Police Department.
(d) An applicant for renewal of a license shall provide
proof of completion of a firearms training course or
combination of courses approved by the Illinois State Police
Department of at least 3 hours.
(e) A certificate of completion for an applicant's firearm
training course shall not be issued to a student who:
(1) does not follow the orders of the certified
firearms instructor;
(2) in the judgment of the certified instructor,
handles a firearm in a manner that poses a danger to the
student or to others; or
(3) during the range firing portion of testing fails to
hit the target with 70% of the rounds fired.
(f) An instructor shall maintain a record of each student's
performance for at least 5 years, and shall make all records
available upon demand of authorized personnel of the Illinois
State Police Department.
(g) The Illinois State Police Department and certified

SB3642 - 1445 - LRB101 20589 WGH 70218 b
firearms instructors shall recognize up to 8 hours of training
already completed toward the 16 hour training requirement under
this Section if the training course is submitted to and
approved by the Illinois State Police Department. Any remaining
hours that the applicant completes must at least cover the
classroom subject matter of paragraph (4) of subsection (b) of
this Section, and the range qualification in subsection (c) of
this Section.
(h) A person who has qualified to carry a firearm as an
active law enforcement or corrections officer, who has
successfully completed firearms training as required by his or
her law enforcement agency and is authorized by his or her
agency to carry a firearm; a person currently certified as a
firearms instructor by this Act or by the Illinois Law
Enforcement Training Standards Board; or a person who has
completed the required training and has been issued a firearm
control card by the Department of Financial and Professional
Regulation shall be exempt from the requirements of this
Section.
(i) The Illinois State Police Department and certified
firearms instructors shall recognize 8 hours of training as
completed toward the 16 hour training requirement under this
Section, if the applicant is an active, retired, or honorably
discharged member of the United States Armed Forces. Any
remaining hours that the applicant completes must at least
cover the classroom subject matter of paragraph (4) of

SB3642 - 1446 - LRB101 20589 WGH 70218 b
subsection (b) of this Section, and the range qualification in
subsection (c) of this Section.
(j) The Illinois State Police Department and certified
firearms instructors shall recognize up to 8 hours of training
already completed toward the 16 hour training requirement under
this Section if the training course is approved by the Illinois
State Police Department and was completed in connection with
the applicant's previous employment as a law enforcement or
corrections officer. Any remaining hours that the applicant
completes must at least cover the classroom subject matter of
paragraph (4) of subsection (b) of this Section, and the range
qualification in subsection (c) of this Section. A former law
enforcement or corrections officer seeking credit under this
subsection (j) shall provide evidence that he or she separated
from employment in good standing from each law enforcement
agency where he or she was employed. An applicant who was
discharged from a law enforcement agency for misconduct or
disciplinary reasons is not eligible for credit under this
subsection (j).
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
(430 ILCS 66/80)
Sec. 80. Certified firearms instructors.
(a) Within 60 days of the effective date of this Act, the
Illinois State Police Department shall begin approval of
certified firearms instructors and enter certified firearms

SB3642 - 1447 - LRB101 20589 WGH 70218 b
instructors into an online registry on the Illinois State
Police's Department's website.
(b) A person who is not a certified firearms instructor
shall not teach applicant training courses or advertise or
otherwise represent courses they teach as qualifying their
students to meet the requirements to receive a license under
this Act. Each violation of this subsection is a business
offense with a fine of at least $1,000 per violation.
(c) A person seeking to become a certified firearms
instructor shall:
(1) be at least 21 years of age;
(2) be a legal resident of the United States; and
(3) meet the requirements of Section 25 of this Act,
except for the Illinois residency requirement in item (xiv)
of paragraph (2) of subsection (a) of Section 4 of the
Firearm Owners Identification Card Act; and any additional
uniformly applied requirements established by the Illinois
State Police Department.
(d) A person seeking to become a certified firearms
instructor, in addition to the requirements of subsection (c)
of this Section, shall:
(1) possess a high school diploma or high school
equivalency certificate; and
(2) have at least one of the following valid firearms
instructor certifications:
(A) certification from a law enforcement agency;

SB3642 - 1448 - LRB101 20589 WGH 70218 b
(B) certification from a firearm instructor course
offered by a State or federal governmental agency;
(C) certification from a firearm instructor
qualification course offered by the Illinois Law
Enforcement Training Standards Board; or
(D) certification from an entity approved by the
Illinois State Police Department that offers firearm
instructor education and training in the use and safety
of firearms.
(e) A person may have his or her firearms instructor
certification denied or revoked if he or she does not meet the
requirements to obtain a license under this Act, provides false
or misleading information to the Illinois State Police
Department, or has had a prior instructor certification revoked
or denied by the Illinois State Police Department.
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
eff. 1-1-15.)
(430 ILCS 66/87)
Sec. 87. Administrative and judicial review.
(a) Whenever an application for a concealed carry license
is denied, whenever the Illinois State Police Department fails
to act on an application within 90 days of its receipt, or
whenever a license is revoked or suspended as provided in this
Act, the aggrieved party may appeal to the Director for a
hearing upon the denial, revocation, suspension, or failure to

SB3642 - 1449 - LRB101 20589 WGH 70218 b
act on the application, unless the denial was made by the
Concealed Carry Licensing Review Board, in which case the
aggrieved party may petition the circuit court in writing in
the county of his or her residence for a hearing upon the
denial.
(b) All final administrative decisions of the Illinois
State Police Department or the Concealed Carry Licensing Review
Board under this Act shall be subject to judicial review under
the provisions of the Administrative Review Law. The term
"administrative decision" is defined as in Section 3-101 of the
Code of Civil Procedure.
(Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/95)
Sec. 95. Procurement; rulemaking.
(a) The Illinois Department of State Police, in
consultation with and subject to the approval of the Chief
Procurement Officer, may procure a single contract or multiple
contracts to implement the provisions of this Act. A contract
or contracts under this paragraph are not subject to the
provisions of the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required
under Article 50. This exemption shall be repealed one year
from the effective date of this Act.

SB3642 - 1450 - LRB101 20589 WGH 70218 b
(b) The Illinois State Police Department shall adopt rules
to implement the provisions of this Act. The Illinois State
Police Department may adopt rules necessary to implement the
provisions of this Act through the use of emergency rulemaking
in accordance with Section 5-45 of the Illinois Administrative
Procedure Act for a period not to exceed 180 days after the
effective date of this Act.
(Source: P.A. 98-63, eff. 7-9-13.)
(430 ILCS 66/105)
Sec. 105. Duty of school administrator. It is the duty of
the principal of a public elementary or secondary school, or
his or her designee, and the chief administrative officer of a
private elementary or secondary school or a public or private
community college, college, or university, or his or her
designee, to report to the Illinois Department of State Police
when a student is determined to pose a clear and present danger
to himself, herself, or to others, within 24 hours of the
determination as provided in Section 6-103.3 of the Mental
Health and Developmental Disabilities Code. "Clear and present
danger" has the meaning as provided in paragraph (2) of the
definition of "clear and present danger" in Section 1.1 of the
Firearm Owners Identification Card Act.
(Source: P.A. 98-63, eff. 7-9-13.)
Section 875. The Firearms Restraining Order Act is amended

SB3642 - 1451 - LRB101 20589 WGH 70218 b
by changing Sections 35, 40, 50, 55, and 60 as follows:
(430 ILCS 67/35)
Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm. The petition shall also
describe the type and location of any firearm or firearms
presently believed by the petitioner to be possessed or
controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner

SB3642 - 1452 - LRB101 20589 WGH 70218 b
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what efforts
were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be issued
on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause to
believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm, the circuit or associate
judge shall issue an emergency order.
(f-5) If the court issues an emergency firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence and

SB3642 - 1453 - LRB101 20589 WGH 70218 b
other places where the court finds there is probable cause to
believe he or she is likely to possess the firearms.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or her
custody or control, purchasing, possessing, or receiving
additional firearms for the duration of the order; and
(2) the respondent to turn over to the local law
enforcement agency any Firearm Owner's Identification Card
and concealed carry license in his or her possession. The
local law enforcement agency shall immediately mail the
card and concealed carry license to the Illinois Department
of State Police Firearm Services Bureau for safekeeping.
The firearm or firearms and Firearm Owner's Identification
Card and concealed carry license, if unexpired, shall be
returned to the respondent after the firearms restraining
order is terminated or expired.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card and
concealed carry license cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, or is not lawfully eligible
to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the firearms
for training purposes, or use the firearms for any other

SB3642 - 1454 - LRB101 20589 WGH 70218 b
application as deemed appropriate by the local law enforcement
agency.
(h-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that he
or she shall not transfer the firearm to the respondent or to
anyone residing in the same residence as the respondent.
(h-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner agrees
to store the firearm in a manner such that the respondent
does not have access to or control of the firearm; and
(2) the firearm is not otherwise unlawfully possessed

SB3642 - 1455 - LRB101 20589 WGH 70218 b
by the owner.
The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/40)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms restraining
order by filing an affidavit or verified pleading alleging that
the respondent poses a significant danger of causing personal
injury to himself, herself, or another in the near future by
having in his or her custody or control, purchasing,
possessing, or receiving a firearm. The petition shall also

SB3642 - 1456 - LRB101 20589 WGH 70218 b
describe the number, types, and locations of any firearms
presently believed by the petitioner to be possessed or
controlled by the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or an
intimate partner is alleged to have been the target of a threat
or act of violence by the respondent, the petitioner shall make
a good faith effort to provide notice to any and all intimate
partners of the respondent. The notice must include that the
petitioner intends to petition the court for a 6-month firearms
restraining order, and, if the petitioner is a law enforcement
officer, referral to relevant domestic violence or stalking
advocacy or counseling resources, if appropriate. The
petitioner shall attest to having provided the notice in the
filed affidavit or verified pleading. If, after making a good
faith effort, the petitioner is unable to provide notice to any
or all intimate partners, the affidavit or verified pleading
should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.

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(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm by the respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued under
Section 214 of the Illinois Domestic Violence Act of 1986
or Section 112A-14 of the Code of Criminal Procedure of
1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.

SB3642 - 1458 - LRB101 20589 WGH 70218 b
(f) At the hearing, the petitioner shall have the burden of
proving, by clear and convincing evidence, that the respondent
poses a significant danger of personal injury to himself,
herself, or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court shall
issue a firearms restraining order that shall be in effect for
6 months subject to renewal under Section 45 of this Act or
termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence and
other places where the court finds there is probable cause to
believe he or she is likely to possess the firearms.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or her
custody or control, purchasing, possessing, or receiving
additional firearms for the duration of the order; and
(2) the respondent to turn over to the local law
enforcement agency any firearm or Firearm Owner's
Identification Card and concealed carry license in his or
her possession. The local law enforcement agency shall

SB3642 - 1459 - LRB101 20589 WGH 70218 b
immediately mail the card and concealed carry license to
the Illinois Department of State Police Firearm Services
Bureau for safekeeping. The firearm or firearms and Firearm
Owner's Identification Card and concealed carry license,
if unexpired, shall be returned to the respondent after the
firearms restraining order is terminated or expired.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the firearms,
or is not lawfully eligible to possess a firearm, upon petition
from the local law enforcement agency, the court may order the
local law enforcement agency to destroy the firearms, use the
firearms for training purposes, or use the firearms for any
other application as deemed appropriate by the local law
enforcement agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the

SB3642 - 1460 - LRB101 20589 WGH 70218 b
respondent's firearms must swear or affirm by affidavit that he
or she shall not transfer the firearm to the respondent or to
anyone residing in the same residence as the respondent.
(i-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner agrees
to store the firearm in a manner such that the respondent
does not have access to or control of the firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order

SB3642 - 1461 - LRB101 20589 WGH 70218 b
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/50)
Sec. 50. Notice of orders.
(a) Entry and issuance. Upon issuance of any firearms
restraining order, the clerk shall immediately, or on the next
court day if an emergency firearms restraining order is issued
in accordance with Section 35 of this Act (emergency firearms
restraining order): (i) enter the order on the record and file
it in accordance with the circuit court procedures and (ii)
provide a file stamped copy of the order to the respondent, if
present, and to the petitioner.
(b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that a firearms
restraining order is issued, file a certified copy of that
order with the sheriff or other law enforcement officials
charged with maintaining Illinois Department of State Police
records or charged with serving the order upon the respondent.
If the order was issued in accordance with Section 35 of this
Act (emergency firearms restraining order), the clerk shall, on
the next court day, file a certified copy of the order with the

SB3642 - 1462 - LRB101 20589 WGH 70218 b
sheriff or other law enforcement officials charged with
maintaining Illinois Department of State Police records.
(c) Service by sheriff. Unless the respondent was present
in court when the order was issued, the sheriff or other law
enforcement official shall promptly serve that order upon the
respondent and file proof of the service, in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the sheriff,
other law enforcement official, or other persons defined in
Section 112A-22.10 of the Code of Criminal Procedure of 1963
may serve the respondent with a short form notification as
provided in that Section. If process has not yet been served
upon the respondent, it shall be served with the order or short
form notification if the service is made by the sheriff, or
other law enforcement official.
(d) Any order renewing or terminating any firearms
restraining order shall be promptly recorded, issued, and
served as provided in this Section.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/55)
Sec. 55. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois Department
of State Police, daily, in the form and detail the Department
requires, copies of any recorded firearms restraining orders
issued by the court, and any foreign orders of protection filed

SB3642 - 1463 - LRB101 20589 WGH 70218 b
by the clerk of the court, and transmitted to the sheriff by
the clerk of the court under Section 50. Each firearms
restraining order shall be entered in the Law Enforcement
Agencies Data System (LEADS) on the same day it is issued by
the court. If an emergency firearms restraining order was
issued in accordance with Section 35 of this Act, the order
shall be entered in the Law Enforcement Agencies Data System
(LEADS) as soon as possible after receipt from the clerk.
(b) The Illinois Department of State Police shall maintain
a complete and systematic record and index of all valid and
recorded firearms restraining orders issued or filed under this
Act. The data shall be used to inform all dispatchers and law
enforcement officers at the scene of a violation of a firearms
restraining order of the effective dates and terms of any
recorded order of protection.
(c) The data, records, and transmittals required under this
Section shall pertain to any valid emergency or 6-month
firearms restraining order, whether issued in a civil or
criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/60)
Sec. 60. Filing of a firearms restraining order issued by
another state.
(a) A person who has sought a firearms restraining order or

SB3642 - 1464 - LRB101 20589 WGH 70218 b
similar order issued by the court of another state, tribe, or
United States territory may file a certified copy of the
firearms restraining order with the clerk of the court in a
judicial circuit in which the person believes that enforcement
may be necessary.
(b) The clerk shall:
(1) treat the foreign firearms restraining order in the
same manner as a judgment of the circuit court for any
county of this State in accordance with the provisions of
the Uniform Enforcement of Foreign Judgments Act, except
that the clerk shall not mail notice of the filing of the
foreign order to the respondent named in the order; and
(2) on the same day that a foreign firearms restraining
order is filed, file a certified copy of that order with
the sheriff or other law enforcement officials charged with
maintaining Illinois Department of State Police records as
set forth in Section 55 of this Act.
(c) Neither residence in this State nor filing of a foreign
firearms restraining order shall be required for enforcement of
the order by this State. Failure to file the foreign order
shall not be an impediment to its treatment in all respects as
an Illinois firearms restraining order.
(d) The clerk shall not charge a fee to file a foreign
order of protection under this Section.
(Source: P.A. 100-607, eff. 1-1-19.)

SB3642 - 1465 - LRB101 20589 WGH 70218 b
Section 880. The Firearm Dealer License Certification Act
is amended by changing Sections 5-5, 5-10, 5-15, 5-20, 5-30,
5-35, 5-40, 5-45, 5-50, 5-55, 5-60, 5-70, 5-75, 5-85, 5-95,
5-100, 5-105, 5-110, 5-115, and 5-120 as follows:
(430 ILCS 68/5-5)
Sec. 5-5. Definitions. In this Act:
"Certified licensee" means a licensee that has previously
certified its license with the Illinois State Police Department
under this Act.
"Department" means the Department of State Police.
"Director" means the Director of the Illinois State Police.
"Entity" means any person, firm, corporation, group of
individuals, or other legal entity.
"Inventory" means firearms in the possession of an
individual or entity for the purpose of sale or transfer.
"License" means a Federal Firearms License authorizing a
person or entity to engage in the business of dealing firearms.
"Licensee" means a person, firm, corporation, or other
entity who has been given, and is currently in possession of, a
valid Federal Firearms License.
"Retail location" means a store open to the public from
which a certified licensee engages in the business of selling,
transferring, or facilitating a sale or transfer of a firearm.
For purposes of this Act, the World Shooting and Recreational
Complex, a gun show, or a similar event at which a certified

SB3642 - 1466 - LRB101 20589 WGH 70218 b
licensee engages in business from time to time is not a retail
location.
(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19;
revised 9-12-19.)
(430 ILCS 68/5-10)
Sec. 5-10. Copy of Federal Firearms License filed with the
Illinois State Police Department. Each licensee shall file with
the Illinois State Police Department a copy of its license,
together with a sworn affidavit indicating that the license
presented is in fact its license and that the license is valid.
The Illinois State Police Department may by rule create a
process for checking the validity of the license, in lieu of
requiring an affidavit. Upon receipt and review by the Illinois
State Police Department, the Illinois State Police Department
shall issue a certificate of license to the licensee, allowing
the licensee to conduct business within this State. The
Illinois State Police Department shall issue an initial
certificate of license within 30 days of receipt of the copy of
license and sworn affidavit. If the Illinois State Police
Department does not issue the certificate within 30 days, the
licensee shall operate as if a certificate has been granted
unless and until a denial is issued by the Illinois State
Police Department.
(Source: P.A. 100-1178, eff. 1-18-19.)

SB3642 - 1467 - LRB101 20589 WGH 70218 b
(430 ILCS 68/5-15)
Sec. 5-15. Certification requirement.
(a) Beginning 180 days after the effective date of this
Act, it is unlawful for a person or entity to engage in the
business of selling, leasing, or otherwise transferring
firearms without a valid certificate of license issued under
this Act. In the event that a person or entity maintains
multiple licenses to engage in different lines of business
requiring different licenses at one location, then the licenses
shall be deemed one license for purposes of certification. In
the event that a person or entity maintains multiple licenses
to engage in business at multiple locations, under the same
business name on the license or a different business name on
the license, then each license and location must receive its
own certification.
(b) It is unlawful for a person or entity without first
being a certified licensee under this Act to act as if he or
she is certified under this Act, to advertise, to assume to act
as a certified licensee or to use a title implying that the
person or entity is engaged in business as a certified licensee
without a license certified under this Act.
(c) It is unlawful to obtain or attempt to obtain any
certificate of license under this Act by material misstatement
or fraudulent misrepresentation. Notwithstanding the
provisions of Section 5-85, in addition to any penalty imposed
under this Section, any certificate of license obtained under

SB3642 - 1468 - LRB101 20589 WGH 70218 b
this Act due to material misstatement or fraudulent
misrepresentation shall automatically be revoked.
(d) A person who violates any provision of this Section is
guilty of a Class A misdemeanor for a first violation, and a
Class 4 felony for a second or subsequent violation.
(e) In addition to any other penalty provided by law, any
person or entity who violates any provision of this Section
shall pay a civil penalty to the Illinois State Police
Department in an amount not to exceed $10,000 for each offense,
as determined by the Illinois State Police Department. The
civil penalty shall be assessed by the Illinois State Police
Department after a hearing is held in accordance with Sections
5-95 and 5-100.
(f) The Illinois State Police Department has the authority
and power to investigate any and all unlicensed activity
requiring a license certified under this Act.
(g) The civil penalty shall be paid within 90 days after
the effective date of the order imposing the civil penalty. The
order shall constitute a judgment and may be filed and
execution had thereon in the same manner as any judgment from
any court of record.
(h) In the event the certification of a certified licensee
is revoked, it shall be a violation of this Act for the revoked
licensee to seek certification of a license held under a
different business name, or to re-open as a certified licensee
under another business name using the same license or as the

SB3642 - 1469 - LRB101 20589 WGH 70218 b
same person or entity doing business under a different business
name.
(i) The Illinois State Police Department shall require all
of the following information from each applicant for
certification under this Act:
(1) The name, full business address, and telephone
number of the entity. The business address for the entity
shall be the complete street address where firearms in the
inventory of the entity are regularly stored, shall be
located within the State, and may not be a Post Office Box.
(2) All trade, business, or assumed names used by the
certified licensee by and under which the certified
licensee sells, transfers, or facilitates transfers of
firearms.
(3) The type of ownership or operation, such as a
partnership, corporation, or sole proprietorship.
(4) The name of the owner or operator of the
dealership, including:
(A) if a person, then the name and address of
record of the person;
(B) if a partnership, then the name and address of
record of each partner and the name of the partnership;
(C) if a corporation, then the name, address of
record, and title of each corporate officer and each
owner of more than 5% of the corporation, the corporate
names by and which the certified licensee sells,

SB3642 - 1470 - LRB101 20589 WGH 70218 b
transfers, or facilitates transfers of firearms, and
the name of the state of incorporation; and
(D) if a sole proprietorship, then the full name
and address of record of the sole proprietor and the
name of the business entity.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-20)
Sec. 5-20. Additional licensee requirements.
(a) A certified licensee shall make a photo copy of a
buyer's or transferee's valid photo identification card
whenever a firearm sale transaction takes place. The photo copy
shall be attached to the documentation detailing the record of
sale.
(b) A certified licensee shall post in a conspicuous
position on the premises where the licensee conducts business a
sign that contains the following warning in block letters not
less than one inch in height:
"With few exceptions enumerated in the Firearm Owners
Identification Card Act, it is unlawful for you to:
(A) store or leave an unsecured firearm in a place
where a child can obtain access to it;
(B) sell or transfer your firearm to someone else
without receiving approval for the transfer from the
Illinois Department of State Police, or
(C) fail to report the loss or theft of your

SB3642 - 1471 - LRB101 20589 WGH 70218 b
firearm to local law enforcement within 72 hours.".
This sign shall be created by the Illinois State Police
Department and made available for printing or downloading from
the Illinois State Police's Department's website.
(c) No retail location established after the effective date
of this Act shall be located within 500 feet of any school,
pre-school, or day care facility in existence at its location
before the retail location is established as measured from the
nearest corner of the building holding the retail location to
the corner of the school, pre-school, or day care facility
building nearest the retail location at the time the retail
location seeks licensure.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-30)
Sec. 5-30. Training of certified licensees. Any certified
licensee and any employee of a certified licensee who sells or
transfers firearms shall receive at least 2 hours of training
annually regarding legal requirements and responsible business
practices as applicable to the sale or transfer or firearms.
The Illinois State Police Department may adopt rules regarding
continuing education for certified licensees related to legal
requirements and responsible business practices regarding the
sale or transfer of firearms.
(Source: P.A. 100-1178, eff. 1-18-19.)

SB3642 - 1472 - LRB101 20589 WGH 70218 b
(430 ILCS 68/5-35)
Sec. 5-35. Inspection of licensees' places of business.
Licensees shall have their places of business open for
inspection by the Illinois State Police Department and law
enforcement during all hours of operation involving the
selling, leasing, or otherwise transferring of firearms,
provided that the Illinois State Police Department or law
enforcement may conduct no more than one unannounced inspection
per business per year without good cause. During an inspection,
licensees shall make all records, documents, and firearms
accessible for inspection upon the request of the Illinois
State Police Department or law enforcement agency.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-40)
Sec. 5-40. Qualifications for operation.
(a) Each certified licensee shall submit with each
application for certification or renewal an affidavit to the
Illinois State Police Department stating that each owner,
employee, or other agent of the certified licensee who sells or
conducts transfers of firearms for the certified licensee is at
least 21 years of age, has a currently valid Firearm Owner's
Identification Card and, for a renewal, has completed the
training required under Section 5-30. The affidavit must also
contain the name and Firearm Owner's Identification Card number
of each owner, employee, or other agent who sells or conducts

SB3642 - 1473 - LRB101 20589 WGH 70218 b
transfers of firearms for the certified licensee. If an owner,
employee, or other agent of the certified licensee is not
otherwise a resident of this State, the certified licensee
shall submit an affidavit stating that the owner, employee, or
other agent has undergone a background check and is not
prohibited from owning or possessing firearms.
(b) In addition to the affidavit required under subsection
(a), within 30 days of a new owner, employee, or other agent
beginning selling or conducting transfers of firearms for the
certified licensee, the certified licensee shall submit an
affidavit to the Illinois State Police Department stating the
date that the new owner, employee, or other agent began selling
or conducting transfers of firearms for the certified licensee,
and providing the information required in subsection (a) for
that new owner, employee, or other agent.
(c) If a certified licensee has a license, certificate, or
permit to sell, lease, transfer, purchase, or possess firearms
issued by the federal government or the government of any state
revoked or suspended for good cause within the preceding 4
years, the Illinois State Police Department may consider
revoking or suspending the certified licenses in this State. In
making a determination of whether or not to revoke or suspend a
certified license in this State, the Illinois State Police
Department shall consider the number of retail locations the
certified licensee or any related person or entity operates in
this State or in other states under the same or different

SB3642 - 1474 - LRB101 20589 WGH 70218 b
business names, and the severity of the infraction in the state
in which a license was revoked or suspended.
(d) Applications and affidavits required under this
Section are not subject to disclosure by the Illinois State
Police Department under the Freedom of Information Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-45)
Sec. 5-45. Issuance of subpoenas. The Illinois State Police
Department may subpoena and bring before it any person or
entity to take oral or written testimony or may compel the
production of any books, papers, records, or any other
documents that the Illinois State Police Department deems
directly relevant or material to an investigation or hearing
conducted by the Illinois State Police Department in the
enforcement of this Act, with the same fees and in the same
manner prescribed in civil cases in the courts of this State.
The licensee may file an emergency motion with the Director or
a hearing officer authorized by the Illinois State Police
Department to quash a subpoena issued by the Illinois State
Police Department. If the Director or hearing officer
determines that the subpoena was issued without good cause, the
Director or hearing officer may quash the subpoena.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-50)

SB3642 - 1475 - LRB101 20589 WGH 70218 b
Sec. 5-50. Security system.
(a) On or before January 2, 2021, each certified licensee
operating a retail location in this State must maintain a video
security system and shall maintain video surveillance of
critical areas of the business premises, including, but not
limited to, all places where firearms in inventory are stored,
handled, sold, or transferred, and each entrance and exit. A
video surveillance system of the certified licensee's retail
location may not be installed in a bathroom and may not monitor
inside the bathrooms located in the retail location. If a video
security system is deemed inadequate by the Illinois State
Police Department, the licensee shall have 30 days to correct
the inadequacy. The Illinois State Police Department shall
submit to the licensee a written statement describing the
specific inadequacies.
(b) Each certified licensee operating a retail
establishment in this State must post a sign in a conspicuous
place at each entrance to the retail location that states in
block letters not less than one inch in height: "THESE PREMISES
ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.".
This sign shall be created by the Illinois State Police
Department and available for printing or downloading from the
Illinois State Police's Department's website.
(c) On or before January 2, 2020, each certified licensee
maintaining an inventory of firearms for sale or transfer must
be connected to an alarm monitoring system or service that will

SB3642 - 1476 - LRB101 20589 WGH 70218 b
notify its local law enforcement agency of an unauthorized
intrusion into the premises of the licensee where the firearm
inventory is maintained.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-55)
Sec. 5-55. Safe storage by certified licensees. In
addition to adequate locks, exterior lighting, surveillance
cameras, alarm systems, and other anti-theft measures and
practices, a certified licensee maintaining a retail location
shall develop a plan that addresses the safe storage of
firearms and ammunition during retail hours and after closing.
The certified licensee shall submit its safe storage plan to
the Illinois State Police Department and the plan shall be
deemed approved unless it is rejected by the Illinois State
Police Department. The Illinois State Police Department may
reject the plan if it is inadequate, along with a written
statement describing the specific inadequacies. The certified
licensee shall submit a corrected plan to the Illinois State
Police Department within 60 days of notice of an inadequate
plan. In the event there are still problems with the corrected
plan, the Illinois State Police Department shall note the
specific inadequacies in writing and the certified licensee
shall have 60 days from each notice of an inadequate plan to
submit a corrected plan. The Illinois State Police Department
may reject the corrected plan if it is inadequate. A certified

SB3642 - 1477 - LRB101 20589 WGH 70218 b
licensee may operate at all times that a plan is on file with
the Illinois State Police Department, and during times
permitted by this Section to prepare and submit corrected
plans. That any certified licensee has operated without an
approved safe storage plan for more than 60 days shall be
grounds for revocation of a certificate of license. The
Illinois State Police Department shall adopt rules regarding
the adequacy of a safe storage plan. The rules shall take into
account the various types and sizes of the entities involved,
and shall comply with all relevant State and federal laws. Safe
storage plans required under this Section are not subject to
disclosure by the Illinois State Police Department under the
Freedom of Information Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-60)
Sec. 5-60. Statewide compliance standards. The Illinois
State Police Department shall develop and implement by rule
statewide training standards for assisting certified licensees
in recognizing indicators that would lead a reasonable dealer
to refuse sale of a firearm, including, but not limited to,
indicators of a straw purchase.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-70)
Sec. 5-70. Fees and fines deposited in the Firearm Dealer

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License Certification Fund. The Illinois State Police
Department shall set and collect a fee for each licensee
certifying under this Act. The fee may not exceed $300 for a
certified licensee operating without a retail location. The fee
may not exceed $1,500 for any certified licensee operating with
a retail location. The Illinois State Police Department may not
charge a certified licensee in this State, operating under the
same or different business name, fees exceeding $40,000 for the
certification of multiple licenses. All fees and fines
collected under this Act shall be deposited in the Firearm
Dealer License Certification Fund which is created in the State
treasury. Moneys in the Fund shall be used for implementation
and administration of this Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-75)
Sec. 5-75. Term of license. Each certification shall be
valid for the term of the license being certified. A licensee
shall certify each new or renewed license. However, the
Illinois State Police Department is not required to renew a
certification if a prior certification has been revoked or
suspended.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-85)
Sec. 5-85. Disciplinary sanctions.

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(a) For violations of this Act not penalized under Section
5-15, the Illinois State Police Department may refuse to renew
or restore, or may reprimand, place on probation, suspend,
revoke, or take other disciplinary or non-disciplinary action
against any licensee, and may impose a fine commensurate with
the severity of the violation not to exceed $10,000 for each
violation for any of the following, consistent with the
Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
through 7903:
(1) Violations of this Act, or any law applicable to
the sale or transfer of firearms.
(2) A pattern of practice or other behavior which
demonstrates incapacity or incompetency to practice under
this Act.
(3) Aiding or assisting another person in violating any
provision of this Act or rules adopted under this Act.
(4) Failing, within 60 days, to provide information in
response to a written request made by the Illinois State
Police Department.
(5) Conviction of, plea of guilty to, or plea of nolo
contendere to any crime that disqualifies the person from
obtaining a valid Firearm Owner's Identification Card.
(6) Continued practice, although the person has become
unfit to practice due to any of the following:
(A) Any circumstance that disqualifies the person
from obtaining a valid Firearm Owner's Identification

SB3642 - 1480 - LRB101 20589 WGH 70218 b
Card or concealed carry license.
(B) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, alcohol, or
any other substance that results in the inability to
practice with reasonable judgment, skill, or safety.
(7) Receiving, directly or indirectly, compensation
for any firearms sold or transferred illegally.
(8) Discipline by another United States jurisdiction,
foreign nation, or governmental agency, if at least one of
the grounds for the discipline is the same or substantially
equivalent to those set forth in this Act.
(9) Violation of any disciplinary order imposed on a
licensee by the Illinois State Police Department.
(10) A finding by the Illinois State Police Department
that the licensee, after having his or her certified
license placed on probationary status, has violated the
terms of probation.
(11) A fraudulent or material misstatement in the
completion of an affirmative obligation or inquiry by law
enforcement.
(b) All fines imposed under this Section shall be paid
within 90 days after the effective date of the final order
imposing the fine.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-95)

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Sec. 5-95. Complaints; investigations; hearings.
(a) The Illinois State Police Department may investigate
the actions of any applicant or of any person or persons
holding or claiming to hold a license or registration under
this Act.
(b) The Illinois State Police Department shall, before
disciplining a licensee under Section 5-85 or refusing to issue
a certificate of license, at least 30 days before the date set
for the hearing, (i) notify the accused in writing of the
charges made and the time and place for the hearing on the
charges, (ii) direct him or her to file a written answer to the
charges under oath within 20 days after service, and (iii)
inform the licensee that failure to answer will result in a
default being entered against the licensee.
(c) At the time and place fixed in the notice, the Director
or the hearing officer appointed by the Director shall proceed
to hear the charges, and the parties or their counsel shall be
accorded ample opportunity to present any pertinent
statements, testimony, evidence, and arguments. The Director
or hearing officer may continue the hearing from time to time.
In case the person, after receiving the notice, fails to file
an answer, his, her, or its license may, in the discretion of
the Director, having first received the recommendation of the
Director, be suspended, revoked, or placed on probationary
status, or be subject to whatever disciplinary action the
Director considers proper, including limiting the scope,

SB3642 - 1482 - LRB101 20589 WGH 70218 b
nature, or extent of the person's business, or the imposition
of a fine, without hearing, if the act or acts charged
constitute sufficient grounds for that action under this Act.
(d) The written notice and any notice in the subsequent
proceeding may be served by certified mail to the licensee's
address of record.
(e) The Director has the authority to appoint any attorney
licensed to practice law in this State to serve as the hearing
officer in any action for refusal to issue, restore, or renew a
license, or to discipline a licensee. The hearing officer has
full authority to conduct the hearing.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-100)
Sec. 5-100. Hearing; rehearing.
(a) The Director or the hearing officer authorized by the
Illinois State Police Department shall hear evidence in support
of the formal charges and evidence produced by the licensee. At
the conclusion of the hearing, the Director shall prepare a
written report of his or her findings of fact, conclusions of
law, and recommendations. The report shall contain a finding of
whether the accused person violated this Act or failed to
comply with the conditions required in this Act.
(b) At the conclusion of the hearing, a copy of the
Director's or hearing officer's report shall be served upon the
licensee by the Illinois State Police Department, either

SB3642 - 1483 - LRB101 20589 WGH 70218 b
personally or as provided in this Act, for the service of a
notice of hearing. Within 20 calendar days after service, the
licensee may present to the Illinois State Police Department a
motion in writing for a rehearing, which shall specify the
particular grounds for rehearing. The Illinois State Police
Department may respond to the motion for rehearing within 20
calendar days after its service on the Illinois State Police
Department. If no motion for rehearing is filed, then upon the
expiration of the time specified for filing such a motion, or
upon denial of a motion for rehearing, the Director may enter
an order in accordance with his or her recommendations or the
recommendations of the hearing officer. If the licensee orders
from the reporting service and pays for a transcript of the
record within the time for filing a motion for rehearing, the
20-day period within which a motion may be filed shall commence
upon the delivery of the transcript to the licensee.
(c) All proceedings under this Section are matters of
public record and shall be preserved.
(d) The licensee may continue to operate during the course
of an investigation or hearing, unless the Director finds that
the public interest, safety, or welfare requires an emergency
action.
(e) Upon the suspension or revocation of a certificate of
license, the licensee shall surrender the certificate to the
Illinois State Police Department and, upon failure to do so,
the Illinois State Police Department shall seize the same.

SB3642 - 1484 - LRB101 20589 WGH 70218 b
However, when the certification of a certified licensee is
suspended, the certified licensee shall not operate as a
certified licensee during the period in which the certificate
is suspended and, if operating during that period, shall be
operating in violation of subsection (a) of Section 5-15 of
this Act. A person who violates this Section is guilty of a
Class A misdemeanor for a first violation, and a Class 4 felony
for a second or subsequent violation. In addition to any other
penalty provided by law, any person or entity who violates this
Section shall pay a civil penalty to the Illinois State Police
Department in an amount not to exceed $2,500 for the first
violation, and a fine not to exceed $5,000 for a second or
subsequent violation.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-105)
Sec. 5-105. Restoration of certificate of license after
disciplinary proceedings. At any time after the successful
completion of a term of probation, suspension, or revocation of
a certificate of license, the Illinois State Police Department
may restore it to the licensee, unless, after an investigation
and a hearing, the Director determines that restoration is not
in the public interest. No person or entity whose certificate
of license, card, or authority has been revoked as authorized
in this Act may apply for restoration of that certificate of
license, card, or authority until such time as provided for in

SB3642 - 1485 - LRB101 20589 WGH 70218 b
the Civil Administrative Code of Illinois.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-110)
Sec. 5-110. Administrative review. All final
administrative decisions of the Illinois State Police
Department are subject to judicial review under Article III of
the Code of Civil Procedure. The term "administrative decision"
is defined as in Section 3-101 of the Code of Civil Procedure.
The proceedings for judicial review shall be commenced in the
circuit court of the county in which the party applying for
review resides, but if the party is not a resident of this
State, the venue shall be in Sangamon County. The Illinois
State Police Department shall not be required to certify any
record to the court, or file any answer in court, or otherwise
appear in any court in a judicial review proceeding, unless,
and until, the Illinois State Police Department has received
from the plaintiff payment of the costs of furnishing and
certifying the record, which costs shall be determined by the
Illinois State Police Department. Exhibits shall be certified
without cost. Failure on the part of the applicant or licensee
to file a receipt in court is grounds for dismissal of the
action.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-115)

SB3642 - 1486 - LRB101 20589 WGH 70218 b
Sec. 5-115. Prima facie proof.
(a) An order or a certified copy thereof, over the seal of
the Illinois State Police Department and purporting to be
signed by the Director, is prima facie proof that the signature
is that of the Director, and the Director is qualified to act.
(b) A certified copy of a record of the Illinois State
Police Department shall, without further proof, be admitted
into evidence in any legal proceeding, and shall be prima facie
correct and prima facie evidence of the information contained
therein.
(Source: P.A. 100-1178, eff. 1-18-19.)
(430 ILCS 68/5-120)
Sec. 5-120. Federal agencies and investigations. Nothing
in this Act shall be construed to interfere with any federal
agency or any federal agency investigation. All Illinois State
Police Department rules adopted under this Act shall comply
with federal law. The Illinois State Police Department may as
necessary coordinate efforts with relevant State and federal
law enforcement agencies to enforce this Act.
(Source: P.A. 100-1178, eff. 1-18-19.)
Section 895. The Humane Euthanasia in Animal Shelters Act
is amended by changing Sections 35 and 55 as follows:
(510 ILCS 72/35)

SB3642 - 1487 - LRB101 20589 WGH 70218 b
Sec. 35. Technician certification; duties.
(a) An applicant for certification as a euthanasia
technician shall file an application with the Department and
shall:
(1) Be 18 years of age.
(2) Be of good moral character. In determining moral
character under this Section, the Department may take into
consideration whether the applicant has engaged in conduct
or activities that would constitute grounds for discipline
under this Act.
(3) Each applicant for certification as a euthanasia
technician shall have his or her fingerprints submitted to
the Illinois Department of State Police in an electronic
format that complies with the form and manner for
requesting and furnishing criminal history record
information as prescribed by the Illinois Department of
State Police. These fingerprints shall be checked against
the Illinois Department of State Police and Federal Bureau
of Investigation criminal history record databases now and
hereafter filed. The Illinois Department of State Police
shall charge applicants a fee for conducting the criminal
history records check, which shall be deposited in the
State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois Department of State
Police shall furnish, pursuant to positive identification,
records of Illinois convictions to the Department.

SB3642 - 1488 - LRB101 20589 WGH 70218 b
(4) Hold a license or certification from the American
Humane Association, the National Animal Control
Association, the Illinois Federation of Humane Societies,
or the Humane Society of the United States issued within 3
years preceding the date of application. Every 5 years a
certified euthanasia technician must renew his or her
certification with the Department. At the time of renewal,
the technician must present proof that he or she attended a
class or seminar, administered by the American Humane
Association, the National Animal Control Association, the
Illinois Federation of Humane Societies, or the Humane
Society of the United States, that teaches techniques or
guidelines, or both, for humane animal euthanasia.
(5) Pay the required fee.
(b) The duties of a euthanasia technician shall include but
are not limited to:
(1) preparing animals for euthanasia and scanning each
animal, prior to euthanasia, for microchips;
(2) accurately recording the dosages administered and
the amount of drugs wasted;
(3) ordering supplies;
(4) maintaining the security of all controlled
substances and drugs;
(5) humanely euthanizing animals via intravenous
injection by hypodermic needle, intraperitoneal injection
by hypodermic needle, or intracardiac injection only on

SB3642 - 1489 - LRB101 20589 WGH 70218 b
comatose animals by hypodermic needle; and
(6) properly disposing of euthanized animals after
verification of death.
(c) A euthanasia technician employed by a euthanasia agency
may perform euthanasia by the administration of a Schedule II
or Schedule III nonnarcotic controlled substance. A euthanasia
technician may not personally possess, order, or administer a
controlled substance except as an agent of the euthanasia
agency.
(d) Upon termination from a euthanasia agency, a euthanasia
technician shall not perform animal euthanasia until he or she
is employed by another certified euthanasia agency.
(e) A certified euthanasia technician or an instructor in
an approved course does not engage in the practice of
veterinary medicine when performing duties set forth in this
Act.
(Source: P.A. 96-780, eff. 8-28-09.)
(510 ILCS 72/55)
Sec. 55. Endorsement. An applicant, who is a euthanasia
technician registered or licensed under the laws of another
state or territory of the United States that has requirements
that are substantially similar to the requirements of this Act,
may be granted certification as a euthanasia technician in this
State without examination, upon presenting satisfactory proof
to the Department that the applicant has been engaged in the

SB3642 - 1490 - LRB101 20589 WGH 70218 b
practice of euthanasia for a period of not less than one year
and upon payment of the required fee. In addition, an applicant
shall have his or her fingerprints submitted to the Illinois
Department of State Police for purposes of a criminal history
records check pursuant to clause (a)(3) of Section 35.
(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
Section 900. The Wildlife Code is amended by changing
Section 3.5 as follows:
(520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
Sec. 3.5. Penalties; probation.
(a) Any person who violates any of the provisions of
Section 2.36a, including administrative rules, shall be guilty
of a Class 3 felony, except as otherwise provided in subsection
(b) of this Section and subsection (a) of Section 2.36a.
(b) Whenever any person who has not previously been
convicted of, or placed on probation or court supervision for,
any offense under Section 1.22, 2.36, or 2.36a or subsection
(i) or (cc) of Section 2.33, the court may, without entering a
judgment and with the person's consent, sentence the person to
probation for a violation of Section 2.36a.
(1) When a person is placed on probation, the court
shall enter an order specifying a period of probation of 24
months and shall defer further proceedings in the case
until the conclusion of the period or until the filing of a

SB3642 - 1491 - LRB101 20589 WGH 70218 b
petition alleging violation of a term or condition of
probation.
(2) The conditions of probation shall be that the
person:
(A) Not violate any criminal statute of any
jurisdiction.
(B) Perform no less than 30 hours of community
service, provided community service is available in
the jurisdiction and is funded and approved by the
county board.
(3) The court may, in addition to other conditions:
(A) Require that the person make a report to and
appear in person before or participate with the court
or courts, person, or social service agency as directed
by the court in the order of probation.
(B) Require that the person pay a fine and costs.
(C) Require that the person refrain from
possessing a firearm or other dangerous weapon.
(D) Prohibit the person from associating with any
person who is actively engaged in any of the activities
regulated by the permits issued or privileges granted
by the Department of Natural Resources.
(4) Upon violation of a term or condition of probation,
the court may enter a judgment on its original finding of
guilt and proceed as otherwise provided.
(5) Upon fulfillment of the terms and conditions of

SB3642 - 1492 - LRB101 20589 WGH 70218 b
probation, the court shall discharge the person and dismiss
the proceedings against the person.
(6) A disposition of probation is considered to be a
conviction for the purposes of imposing the conditions of
probation, for appeal, and for administrative revocation
and suspension of licenses and privileges; however,
discharge and dismissal under this Section is not a
conviction for purposes of disqualification or
disabilities imposed by law upon conviction of a crime.
(7) Discharge and dismissal under this Section may
occur only once with respect to any person.
(8) If a person is convicted of an offense under this
Act within 5 years subsequent to a discharge and dismissal
under this Section, the discharge and dismissal under this
Section shall be admissible in the sentencing proceeding
for that conviction as a factor in aggravation.
(9) The Circuit Clerk shall notify the Illinois
Department of State Police of all persons convicted of or
placed under probation for violations of Section 2.36a.
(c) Any person who violates any of the provisions of
Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
2.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
3.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),
(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
(f)), including administrative rules, shall be guilty of a

SB3642 - 1493 - LRB101 20589 WGH 70218 b
Class B misdemeanor.
A person who violates Section 2.33b by using any computer
software or service to remotely control a weapon that takes
wildlife by remote operation is guilty of a Class B
misdemeanor. A person who violates Section 2.33b by
facilitating a violation of Section 2.33b, including an owner
of land in which remote control hunting occurs, a computer
programmer who designs a program or software to facilitate
remote control hunting, or a person who provides weapons or
equipment to facilitate remote control hunting, is guilty of a
Class A misdemeanor.
Any person who violates any of the provisions of Sections
1.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative
rules, shall be guilty of a Class A misdemeanor. Any second or
subsequent violations of Sections 2.4 and 2.36 shall be a Class
4 felony.
Any person who violates any of the provisions of this Act,
including administrative rules, during such period when his
license, privileges, or permit is revoked or denied by virtue
of Section 3.36, shall be guilty of a Class A misdemeanor.
Any person who violates subsection (g), (i), (o), (p), (y),
or (cc) of Section 2.33 shall be guilty of a Class A
misdemeanor and subject to a fine of no less than $500 and no
more than $5,000 in addition to other statutory penalties. In
addition, the Department shall suspend the privileges, under
this Act, of any person found guilty of violating Section

SB3642 - 1494 - LRB101 20589 WGH 70218 b
2.33(cc) for a period of not less than one year.
Any person who violates any other of the provisions of this
Act including administrative rules, unless otherwise stated,
shall be guilty of a petty offense. Offenses committed by
minors under the direct control or with the consent of a parent
or guardian may subject the parent or guardian to the penalties
prescribed in this Section.
In addition to any fines imposed pursuant to the provisions
of this Section or as otherwise provided in this Act, any
person found guilty of unlawfully taking or possessing any
species protected by this Act, shall be assessed a civil
penalty for such species in accordance with the values
prescribed in Section 2.36a of this Act. This civil penalty
shall be imposed by the Circuit Court for the county within
which the offense was committed at the time of the conviction.
All penalties provided for in this Section shall be remitted to
the Department in accordance with the same provisions provided
for in Section 1.18 of this Act.
(Source: P.A. 97-431, eff. 8-16-11.)
Section 910. The Public Private Agreements for the Illiana
Expressway Act is amended by changing Section 115 as follows:
(605 ILCS 130/115)
Sec. 115. Additional powers of the Department with respect
to the Illiana Expressway.

SB3642 - 1495 - LRB101 20589 WGH 70218 b
(a) The Department may exercise any powers provided under
this Act in participation or cooperation with any governmental
entity and enter into any contracts to facilitate that
participation or cooperation. The Department shall cooperate
with other governmental entities under this Act.
(b) The Department may make and enter into all contracts
and agreements necessary or incidental to the performance of
the Department's duties and the execution of the Department's
powers under this Act. Except as otherwise required by law,
these contracts or agreements are not subject to any approvals
other than the approval of the Department, Governor, or federal
agencies.
(c) The Department may pay the costs incurred under the
public private agreement entered into under this Act from any
funds available to the Department for the purpose of the
Illiana Expressway under this Act or any other statute.
(d) The Department or other State agency may not take any
action that would impair the public private agreement entered
into under this Act, except as provided by law.
(e) The Department may enter into an agreement between and
among the contractor, the Department, and the Illinois
Department of State Police concerning the provision of law
enforcement assistance with respect to the Illiana Expressway
under this Act.
(f) The Department is authorized to enter into arrangements
with the Illinois State Police related to costs incurred in

SB3642 - 1496 - LRB101 20589 WGH 70218 b
providing law enforcement assistance under this Act.
(Source: P.A. 96-913, eff. 6-9-10.)
Section 915. The Railroad Police Act is amended by changing
Section 2 as follows:
(610 ILCS 80/2) (from Ch. 114, par. 98)
Sec. 2. Conductors of all railroad trains, and the captain
or master of any boat carrying passengers within the
jurisdiction of this State, are vested with police powers while
on duty on their respective trains and boats, and may wear an
appropriate badge indicative of this authority.
In the policing of its properties any registered rail
carrier, as defined in Section 18c-7201 of the Illinois Vehicle
Code, may provide for the appointment and maintenance of a
police force to aid and supplement the police forces of any
municipality in the protection of its property and the
protection of the persons and property of its passengers and
employees, or in furtherance of the purposes for which the
railroad was organized. While engaged in the conduct of their
employment, the members of the railroad police force have and
may exercise the same police powers conferred upon any peace
officer employed by a law enforcement agency of this State,
including the authority to issue administrative citations in
accordance with the provisions of county or municipal
ordinances.

SB3642 - 1497 - LRB101 20589 WGH 70218 b
Any registered rail carrier that appoints and maintains a
police force shall comply with the following requirements:
(1) Establish an internal policy that includes
procedures to ensure objective oversight in addressing
allegations of abuse of authority or other misconduct on
the part of its police officers.
(2) Adopt appropriate policies and guidelines for
employee investigations by police officers. These policies
and guidelines shall provide for initiating employee
investigations only under the following conditions:
(A) There is reason to believe criminal misconduct
has occurred.
(B) In response to an employee accident.
(C) There is reason to believe that the interview
of an employee could result in workplace violence.
(D) There is a legitimate concern for the personal
safety of one or more employees.
These policies and guidelines shall provide for the
right of an employee to request a representative to be
present during any interview concerning a non-criminal
matter.
(3) File copies of the policies and guidelines adopted
under paragraphs (1) and (2) with the Illinois Law
Enforcement Training Standards Board, which shall make
them available for public inspection. The Board shall
review the policies and guidelines, and approve them if

SB3642 - 1498 - LRB101 20589 WGH 70218 b
they comply with the Act.
(4) Appeal of a rail carrier's decision. A person
adversely affected or aggrieved by a decision of a rail
carrier's internal investigation under this Act may appeal
the decision to the Illinois State Police. The appeal shall
be filed no later than 90 days after the issuance of the
decision. The Illinois State Police shall review the depth,
completeness, and objectivity of the rail carrier's
investigation, and may conduct its own investigation of the
complaint. The Illinois State Police may uphold, overturn,
or modify the rail carrier's decision by filing a report of
its findings and recommendations with the Illinois
Commerce Commission. Consistent with authority under
Chapter 18C of the Illinois Vehicle Code and the Commission
rules of practice, the Commission shall have the power to
conduct evidentiary hearings, make findings, and issue and
enforce orders, including sanctions under Section 18c-1704
of the Illinois Vehicle Code.
Rulemaking authority to implement this amendatory Act of
the 95th General Assembly, if any, is conditioned on the rules
being adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported rule
not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 98-791, eff. 7-25-14; 99-78, eff. 7-20-15.)

SB3642 - 1499 - LRB101 20589 WGH 70218 b
Section 920. The Military Emergency Aircraft Restriction
Act is amended by changing Section 5 as follows:
(620 ILCS 10/5) (from Ch. 15 1/2, par. 183)
Sec. 5. Notice of the existence of a state of military
emergency and of currently prevailing air traffic control
requirements issued to the Department and to civil and military
aviation facilities of this State over the Federal Interstate
Airways Communications System and the State emergency fan-out
system components of the Civil Air Defense Warning Net is
sufficient to authorize the Department to control
non-scheduled civil aircraft movement as provided in this Act.
The Department may utilize, to the extent of capacity, the
radio network system of the Illinois State Police, county
sheriffs' offices and municipal police departments in order to
assure a reliable and adequate State fan-out communications
system required for rapid dissemination of notices to airmen
and civil aviation authorities respecting such aircraft
movement control as may be required on the part of the
Department and airport operators and managers during the
existence of a state of military emergency.
(Source: P.A. 91-357, eff. 7-29-99.)
Section 930. The Public-Private Agreements for the South
Suburban Airport Act is amended by changing Section 2-135 as
follows:

SB3642 - 1500 - LRB101 20589 WGH 70218 b
(620 ILCS 75/2-135)
Sec. 2-135. Additional powers of the Department with
respect to the South Suburban Airport.
(a) The Department may exercise any powers provided under
this Act in participation or cooperation with any governmental
entity and enter into any contracts to facilitate that
participation or cooperation. The Department shall cooperate
with other governmental entities under this Act.
(b) The Department may make and enter into all contracts
and agreements necessary or incidental to the performance of
the Department's duties and the execution of the Department's
powers under this Act. Except as otherwise required by law,
these contracts or agreements are not subject to any approvals
other than the approval of the Department, Governor, or federal
agencies and may contain any terms that are considered
reasonable by the Department and not in conflict with any
provisions of this Act or other statutes, rules, or laws.
(c) The Department may pay the costs incurred under the
public-private agreement entered into under this Act from any
funds available to the Department for the purpose of the South
Suburban Airport under this Act or any other statute.
(d) The Department and other State agencies shall not take
any action that would impair the public-private agreement
entered into under this Act, except as provided by law.
(e) The Department may enter into an agreement between and

SB3642 - 1501 - LRB101 20589 WGH 70218 b
among the contractor, the Department, and the Illinois
Department of State Police concerning the provision of law
enforcement assistance with respect to the South Suburban
Airport under this Act.
(f) The Department is authorized to enter into arrangements
with the Illinois State Police related to costs incurred in
providing law enforcement assistance under this Act.
(Source: P.A. 98-109, eff. 7-25-13.)
Section 935. The Illinois Vehicle Code is amended by
changing Sections 1-129, 2-116, 2-119, 3-117.1, 3-405, 3-416,
4-107, 4-109, 4-202, 4-203.5, 4-205, 4-206, 4-209, 4-302,
5-102, 5-105, 5-401.2, 5-402.1, 6-106.1, 6-106.1a, 6-107.5,
6-112, 6-402, 6-411, 6-508, 8-115, 11-212, 11-416, 11-501.01,
11-501.2, 11-501.4-1, 11-501.5, 11-501.6, 11-501.8, 11-501.10,
11-605.1, 11-907.1, 12-612, 13-109.1, 15-102, 15-112, 15-201,
15-202, 15-203, 15-305, 16-102, 16-105, 18a-200, 18b-112,
18c-1702, and 18c-4601 as follows:
(625 ILCS 5/1-129) (from Ch. 95 1/2, par. 1-129)
Sec. 1-129. Identification Number. The numbers and
letters, if any, on a vehicle or essential part, affixed by its
manufacturer, the Illinois Secretary of State or the Illinois
Department of State Police for the purpose of identifying the
vehicle or essential part, or which is required to be affixed
to the vehicle or part by federal or state law.

SB3642 - 1502 - LRB101 20589 WGH 70218 b
(Source: P.A. 84-1302; 84-1304.)
(625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
Sec. 2-116. Secretary of State Department of Police.
(a) The Secretary of State and the officers, inspectors,
and investigators appointed by him shall cooperate with the
Illinois State Police and the sheriffs and police in enforcing
the laws regulating the operation of vehicles and the use of
the highways.
(b) The Secretary of State may provide training and
education for members of his office in traffic regulation, the
promotion of traffic safety and the enforcement of laws vested
in the Secretary of State for administration and enforcement
regulating the operation of vehicles and the use of the
highways.
(c) The Secretary of State may provide distinctive uniforms
and badges for officers, inspectors and investigators employed
in the administration of laws relating to the operation of
vehicles and the use of the highways and vesting the
administration and enforcement of such laws in the Secretary of
State.
(c-5) The Director of the Secretary of State Department of
Police shall establish a program to allow a Secretary of State
Police officer, inspector, or investigator who is honorably
retiring in good standing to purchase either one or both of the
following: (1) any Secretary of State Department of Police

SB3642 - 1503 - LRB101 20589 WGH 70218 b
badge previously issued to that officer, inspector, or
investigator; or (2) if the officer, inspector, or investigator
has a currently valid Firearm Owner's Identification Card, the
service firearm issued or previously issued to the officer,
inspector, or investigator by the Secretary of State Department
of Police. The cost of the firearm shall be the replacement
value of the firearm and not the firearm's fair market value.
(d) The Secretary of State Department of Police is
authorized to:
(1) investigate the origins, activities, persons, and
incidents of crime and the ways and means, if any, to
redress the victims of crimes, and study the impact, if
any, of legislation relative to the criminal laws of this
State related thereto and conduct any other investigations
as may be provided by law;
(2) employ skilled experts, technicians,
investigators, special agents, or otherwise specially
qualified persons to aid in preventing or detecting crime,
apprehending criminals, or preparing and presenting
evidence of violations of the criminal laws of the State;
(3) cooperate with the police of cities, villages, and
incorporated towns, and with the police officers of any
county, in enforcing the laws of the State and in making
arrests;
(4) provide, as may be required by law, assistance to
local law enforcement agencies through training,

SB3642 - 1504 - LRB101 20589 WGH 70218 b
management, and consultant services for local law
enforcement agencies, pertaining to law enforcement
activities;
(5) exercise the rights, powers, and duties which have
been vested in it by the Secretary of State Act and this
Code; and
(6) enforce and administer any other laws in relation
to law enforcement as may be vested in the Secretary of
State Department of Police.
Persons within the Secretary of State Department of Police
who exercise these powers are conservators of the peace and
have all the powers possessed by policemen in municipalities
and sheriffs, and may exercise these powers anywhere in the
State in cooperation with local law enforcement officials.
These persons may use false or fictitious names in the
performance of their duties under this Section, upon approval
of the Director of Police-Secretary of State, and shall not be
subject to prosecution under the criminal laws for that use.
(e) The Secretary of State Department of Police may charge,
collect, and receive fees or moneys equivalent to the cost of
providing its personnel, equipment, and services to
governmental agencies when explicitly requested by a
governmental agency and according to an intergovernmental
agreement or memorandums of understanding as provided by this
Section, including but not limited to fees or moneys equivalent
to the cost of providing training to other governmental

SB3642 - 1505 - LRB101 20589 WGH 70218 b
agencies on terms and conditions that in the judgment of the
Director of Police-Secretary of State are in the best interest
of the Secretary of State. All fees received by the Secretary
of State Police Department under this Act shall be deposited in
a special fund in the State Treasury to be known as the
Secretary of State Police Services Fund. The money deposited in
the Secretary of State Police Services Fund shall be
appropriated to the Secretary of State Department of Police as
provided for in subsection (g).
(f) The Secretary of State Department of Police may apply
for grants or contracts and receive, expend, allocate, or
disburse moneys made available by public or private entities,
including, but not limited to, contracts, bequests, grants, or
receiving equipment from corporations, foundations, or public
or private institutions of higher learning.
(g) The Secretary of State Police Services Fund is hereby
created as a special fund in the State Treasury. All moneys
received under this Section by the Secretary of State
Department of Police shall be deposited into the Secretary of
State Police Services Fund to be appropriated to the Secretary
of State Department of Police for purposes as indicated by the
grantor or contractor or, in the case of moneys bequeathed or
granted for no specific purpose, for any purpose as deemed
appropriate by the Director of Police-Secretary of State in
administering the responsibilities of the Secretary of State
Department of Police.

SB3642 - 1506 - LRB101 20589 WGH 70218 b
(Source: P.A. 100-931, eff. 8-17-18.)
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall be
deposited in the Common School Fund in the State Treasury.
(b) Of the money collected for each certificate of title,
duplicate certificate of title, and corrected certificate of
title:
(1) $2.60 shall be deposited in the Park and
Conservation Fund;
(2) $0.65 shall be deposited in the Illinois Fisheries
Management Fund;
(3) $48 shall be disbursed under subsection (g) of this
Section;
(4) $4 shall be deposited into the Motor Vehicle
License Plate Fund; and
(5) $30 shall be deposited into the Capital Projects
Fund.
All remaining moneys collected for certificates of title,
and all moneys collected for filing of security interests,
shall be deposited in the General Revenue Fund.
The $20 collected for each delinquent vehicle registration
renewal fee shall be deposited into the General Revenue Fund.
The moneys deposited in the Park and Conservation Fund
under this Section shall be used for the acquisition and

SB3642 - 1507 - LRB101 20589 WGH 70218 b
development of bike paths as provided for in Section 805-420 of
the Department of Natural Resources (Conservation) Law of the
Civil Administrative Code of Illinois. The moneys deposited
into the Park and Conservation Fund under this subsection shall
not be subject to administrative charges or chargebacks, unless
otherwise authorized by this Code.
If the balance in the Motor Vehicle License Plate Fund
exceeds $40,000,000 on the last day of a calendar month, then
during the next calendar month, the $4 that otherwise would be
deposited in that fund shall instead be deposited into the Road
Fund.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section 6-118
shall be placed in the Drivers Education Fund in the State
Treasury.
(d) Of the moneys collected as a registration fee for each
motorcycle, motor driven cycle, and moped, 27% shall be
deposited in the Cycle Rider Safety Training Fund.
(e) (Blank).
(f) Of the total money collected for a commercial learner's
permit (CLP) or original or renewal issuance of a commercial
driver's license (CDL) pursuant to the Uniform Commercial
Driver's License Act (UCDLA): (i) $6 of the total fee for an
original or renewal CDL, and $6 of the total CLP fee when such
permit is issued to any person holding a valid Illinois
driver's license, shall be paid into the CDLIS/AAMVAnet/NMVTIS

SB3642 - 1508 - LRB101 20589 WGH 70218 b
Trust Fund (Commercial Driver's License Information
System/American Association of Motor Vehicle Administrators
network/National Motor Vehicle Title Information Service Trust
Fund) and shall be used for the purposes provided in Section
6z-23 of the State Finance Act and (ii) $20 of the total fee
for an original or renewal CDL or CLP shall be paid into the
Motor Carrier Safety Inspection Fund, which is hereby created
as a special fund in the State Treasury, to be used by the
Illinois Department of State Police, subject to appropriation,
to hire additional officers to conduct motor carrier safety
inspections pursuant to Chapter 18b of this Code.
(g) Of the moneys received by the Secretary of State as
registration fees or taxes, certificates of title, duplicate
certificates of title, corrected certificates of title, or as
payment of any other fee under this Code, when those moneys are
not otherwise distributed by this Code, 37% shall be deposited
into the State Construction Account Fund, and 63% shall be
deposited in the Road Fund. Moneys in the Road Fund shall be
used for the purposes provided in Section 8.3 of the State
Finance Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special fund
to be known as the Secretary of State Special License Plate
Fund. Money deposited into the Fund shall, subject to

SB3642 - 1509 - LRB101 20589 WGH 70218 b
appropriation, be used by the Office of the Secretary of State
(i) to help defray plate manufacturing and plate processing
costs for the issuance and, when applicable, renewal of any new
or existing registration plates authorized under this Code and
(ii) for grants made by the Secretary of State to benefit
Illinois Veterans Home libraries.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into the
Fund under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 shall, subject to appropriation, be used by the
Office of the Secretary of State to administer the Motor
Vehicle Review Board, including without limitation payment of
compensation and all necessary expenses incurred in
administering the Motor Vehicle Review Board under the Motor
Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the State
Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
(n) The Illinois Fire Fighters' Memorial Fund is created as
a special fund in the State Treasury. Moneys deposited into the
Fund shall, subject to appropriation, be used by the Office of
the State Fire Marshal for construction of the Illinois Fire
Fighters' Memorial to be located at the State Capitol grounds

SB3642 - 1510 - LRB101 20589 WGH 70218 b
in Springfield, Illinois. Upon the completion of the Memorial,
moneys in the Fund shall be used in accordance with Section
3-634.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(p) For audits conducted on or after July 1, 2003 pursuant
to Section 2-124(d) of this Code, 50% of the money collected as
audit fees shall be deposited into the General Revenue Fund.
(Source: P.A. 98-176 (See Section 10 of P.A. 98-722 and Section
10 of P.A. 99-414 for the effective date of changes made by
P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff. 7-16-14;
99-127, eff. 1-1-16; 99-933, eff. 1-27-17.)
(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
Sec. 3-117.1. When junking certificates or salvage
certificates must be obtained.
(a) Except as provided in Chapter 4 and Section 3-117.3 of
this Code, a person who possesses a junk vehicle shall within
15 days cause the certificate of title, salvage certificate,
certificate of purchase, or a similarly acceptable
out-of-state document of ownership to be surrendered to the
Secretary of State along with an application for a junking
certificate, except as provided in Section 3-117.2, whereupon
the Secretary of State shall issue to such a person a junking
certificate, which shall authorize the holder thereof to

SB3642 - 1511 - LRB101 20589 WGH 70218 b
possess, transport, or, by an endorsement, transfer ownership
in such junked vehicle, and a certificate of title shall not
again be issued for such vehicle. The owner of a junk vehicle
is not required to surrender the certificate of title under
this subsection if (i) there is no lienholder on the
certificate of title or (ii) the owner of the junk vehicle has
a valid lien release from the lienholder releasing all interest
in the vehicle and the owner applying for the junk certificate
matches the current record on the certificate of title file for
the vehicle.
A licensee who possesses a junk vehicle and a Certificate
of Title, Salvage Certificate, Certificate of Purchase, or a
similarly acceptable out-of-state document of ownership for
such junk vehicle, may transport the junk vehicle to another
licensee prior to applying for or obtaining a junking
certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the
licensee transferee at the time of transfer. In any case, the
licensee transferor shall apply for a junking certificate in
conformance with Section 3-117.1 of this Chapter. The following
information shall be contained on a uniform invoice:
(1) The business name, address and dealer license
number of the person disposing of the vehicle, junk vehicle
or vehicle cowl;
(2) The name and address of the person acquiring the
vehicle, junk vehicle or vehicle cowl, and if that person

SB3642 - 1512 - LRB101 20589 WGH 70218 b
is a dealer, the Illinois or out-of-state dealer license
number of that dealer;
(3) The date of the disposition of the vehicle, junk
vehicle or vehicle cowl;
(4) The year, make, model, color and description of
each vehicle, junk vehicle or vehicle cowl disposed of by
such person;
(5) The manufacturer's vehicle identification number,
Secretary of State identification number or Illinois
Department of State Police number, for each vehicle, junk
vehicle or vehicle cowl part disposed of by such person;
(6) The printed name and legible signature of the
person or agent disposing of the vehicle, junk vehicle or
vehicle cowl; and
(7) The printed name and legible signature of the
person accepting delivery of the vehicle, junk vehicle or
vehicle cowl.
The Secretary of State may certify a junking manifest in a
form prescribed by the Secretary of State that reflects those
vehicles for which junking certificates have been applied or
issued. A junking manifest may be issued to any person and it
shall constitute evidence of ownership for the vehicle listed
upon it. A junking manifest may be transferred only to a person
licensed under Section 5-301 of this Code as a scrap processor.
A junking manifest will allow the transportation of those
vehicles to a scrap processor prior to receiving the junk

SB3642 - 1513 - LRB101 20589 WGH 70218 b
certificate from the Secretary of State.
(b) An application for a salvage certificate shall be
submitted to the Secretary of State in any of the following
situations:
(1) When an insurance company makes a payment of
damages on a total loss claim for a vehicle, the insurance
company shall be deemed to be the owner of such vehicle and
the vehicle shall be considered to be salvage except that
ownership of (i) a vehicle that has incurred only hail
damage that does not affect the operational safety of the
vehicle or (ii) any vehicle 9 model years of age or older
may, by agreement between the registered owner and the
insurance company, be retained by the registered owner of
such vehicle. The insurance company shall promptly deliver
or mail within 20 days the certificate of title along with
proper application and fee to the Secretary of State, and a
salvage certificate shall be issued in the name of the
insurance company. Notwithstanding the foregoing, an
insurer making payment of damages on a total loss claim for
the theft of a vehicle shall not be required to apply for a
salvage certificate unless the vehicle is recovered and has
incurred damage that initially would have caused the
vehicle to be declared a total loss by the insurer.
(1.1) When a vehicle of a self-insured company is to be
sold in the State of Illinois and has sustained damaged by
collision, fire, theft, rust corrosion, or other means so

SB3642 - 1514 - LRB101 20589 WGH 70218 b
that the self-insured company determines the vehicle to be
a total loss, or if the cost of repairing the damage,
including labor, would be greater than 70% of its fair
market value without that damage, the vehicle shall be
considered salvage. The self-insured company shall
promptly deliver the certificate of title along with proper
application and fee to the Secretary of State, and a
salvage certificate shall be issued in the name of the
self-insured company. A self-insured company making
payment of damages on a total loss claim for the theft of a
vehicle may exchange the salvage certificate for a
certificate of title if the vehicle is recovered without
damage. In such a situation, the self-insured shall fill
out and sign a form prescribed by the Secretary of State
which contains an affirmation under penalty of perjury that
the vehicle was recovered without damage and the Secretary
of State may, by rule, require photographs to be submitted.
(2) When a vehicle the ownership of which has been
transferred to any person through a certificate of purchase
from acquisition of the vehicle at an auction, other
dispositions as set forth in Sections 4-208 and 4-209 of
this Code, or a lien arising under Section 18a-501 of this
Code shall be deemed salvage or junk at the option of the
purchaser. The person acquiring such vehicle in such manner
shall promptly deliver or mail, within 20 days after the
acquisition of the vehicle, the certificate of purchase,

SB3642 - 1515 - LRB101 20589 WGH 70218 b
the proper application and fee, and, if the vehicle is an
abandoned mobile home under the Abandoned Mobile Home Act,
a certification from a local law enforcement agency that
the vehicle was purchased or acquired at a public sale
under the Abandoned Mobile Home Act to the Secretary of
State and a salvage certificate or junking certificate
shall be issued in the name of that person. The salvage
certificate or junking certificate issued by the Secretary
of State under this Section shall be free of any lien that
existed against the vehicle prior to the time the vehicle
was acquired by the applicant under this Code.
(3) A vehicle which has been repossessed by a
lienholder shall be considered to be salvage only when the
repossessed vehicle, on the date of repossession by the
lienholder, has sustained damage by collision, fire,
theft, rust corrosion, or other means so that the cost of
repairing such damage, including labor, would be greater
than 33 1/3% of its fair market value without such damage.
If the lienholder determines that such vehicle is damaged
in excess of 33 1/3% of such fair market value, the
lienholder shall, before sale, transfer or assignment of
the vehicle, make application for a salvage certificate,
and shall submit with such application the proper fee and
evidence of possession. If the facts required to be shown
in subsection (f) of Section 3-114 are satisfied, the
Secretary of State shall issue a salvage certificate in the

SB3642 - 1516 - LRB101 20589 WGH 70218 b
name of the lienholder making the application. In any case
wherein the vehicle repossessed is not damaged in excess of
33 1/3% of its fair market value, the lienholder shall
comply with the requirements of subsections (f), (f-5), and
(f-10) of Section 3-114, except that the affidavit of
repossession made by or on behalf of the lienholder shall
also contain an affirmation under penalty of perjury that
the vehicle on the date of sale is not damaged in excess of
33 1/3% of its fair market value. If the facts required to
be shown in subsection (f) of Section 3-114 are satisfied,
the Secretary of State shall issue a certificate of title
as set forth in Section 3-116 of this Code. The Secretary
of State may by rule or regulation require photographs to
be submitted.
(4) A vehicle which is a part of a fleet of more than 5
commercial vehicles registered in this State or any other
state or registered proportionately among several states
shall be considered to be salvage when such vehicle has
sustained damage by collision, fire, theft, rust,
corrosion or similar means so that the cost of repairing
such damage, including labor, would be greater than 33 1/3%
of the fair market value of the vehicle without such
damage. If the owner of a fleet vehicle desires to sell,
transfer, or assign his interest in such vehicle to a
person within this State other than an insurance company
licensed to do business within this State, and the owner

SB3642 - 1517 - LRB101 20589 WGH 70218 b
determines that such vehicle, at the time of the proposed
sale, transfer or assignment is damaged in excess of 33
1/3% of its fair market value, the owner shall, before such
sale, transfer or assignment, make application for a
salvage certificate. The application shall contain with it
evidence of possession of the vehicle. If the fleet vehicle
at the time of its sale, transfer, or assignment is not
damaged in excess of 33 1/3% of its fair market value, the
owner shall so state in a written affirmation on a form
prescribed by the Secretary of State by rule or regulation.
The Secretary of State may by rule or regulation require
photographs to be submitted. Upon sale, transfer or
assignment of the fleet vehicle the owner shall mail the
affirmation to the Secretary of State.
(5) A vehicle that has been submerged in water to the
point that rising water has reached over the door sill and
has entered the passenger or trunk compartment is a "flood
vehicle". A flood vehicle shall be considered to be salvage
only if the vehicle has sustained damage so that the cost
of repairing the damage, including labor, would be greater
than 33 1/3% of the fair market value of the vehicle
without that damage. The salvage certificate issued under
this Section shall indicate the word "flood", and the word
"flood" shall be conspicuously entered on subsequent
titles for the vehicle. A person who possesses or acquires
a flood vehicle that is not damaged in excess of 33 1/3% of

SB3642 - 1518 - LRB101 20589 WGH 70218 b
its fair market value shall make application for title in
accordance with Section 3-116 of this Code, designating the
vehicle as "flood" in a manner prescribed by the Secretary
of State. The certificate of title issued shall indicate
the word "flood", and the word "flood" shall be
conspicuously entered on subsequent titles for the
vehicle.
(6) When any licensed rebuilder, repairer, new or used
vehicle dealer, or remittance agent has submitted an
application for title to a vehicle (other than an
application for title to a rebuilt vehicle) that he or she
knows or reasonably should have known to have sustained
damages in excess of 33 1/3% of the vehicle's fair market
value without that damage; provided, however, that any
application for a salvage certificate for a vehicle
recovered from theft and acquired from an insurance company
shall be made as required by paragraph (1) of this
subsection (b).
(c) Any person who without authority acquires, sells,
exchanges, gives away, transfers or destroys or offers to
acquire, sell, exchange, give away, transfer or destroy the
certificate of title to any vehicle which is a junk or salvage
vehicle shall be guilty of a Class 3 felony.
(d) Except as provided under subsection (a), any person who
knowingly fails to surrender to the Secretary of State a
certificate of title, salvage certificate, certificate of

SB3642 - 1519 - LRB101 20589 WGH 70218 b
purchase or a similarly acceptable out-of-state document of
ownership as required under the provisions of this Section is
guilty of a Class A misdemeanor for a first offense and a Class
4 felony for a subsequent offense; except that a person
licensed under this Code who violates paragraph (5) of
subsection (b) of this Section is guilty of a business offense
and shall be fined not less than $1,000 nor more than $5,000
for a first offense and is guilty of a Class 4 felony for a
second or subsequent violation.
(e) Any vehicle which is salvage or junk may not be driven
or operated on roads and highways within this State. A
violation of this subsection is a Class A misdemeanor. A
salvage vehicle displaying valid special plates issued under
Section 3-601(b) of this Code, which is being driven to or from
an inspection conducted under Section 3-308 of this Code, is
exempt from the provisions of this subsection. A salvage
vehicle for which a short term permit has been issued under
Section 3-307 of this Code is exempt from the provisions of
this subsection for the duration of the permit.
(Source: P.A. 100-104, eff. 11-9-17; 100-956, eff. 1-1-19;
100-1083, eff. 1-1-19; 101-81, eff. 7-12-19.)
(625 ILCS 5/3-405) (from Ch. 95 1/2, par. 3-405)
Sec. 3-405. Application for registration.
(a) Every owner of a vehicle subject to registration under
this Code shall make application to the Secretary of State for

SB3642 - 1520 - LRB101 20589 WGH 70218 b
the registration of such vehicle upon the appropriate form or
forms furnished by the Secretary. Every such application shall
bear the signature of the owner written with pen and ink and
contain:
1. The name, domicile address, as defined in Section
1-115.5 of this Code, (except as otherwise provided in this
paragraph 1), mail address of the owner or business address
of the owner if a firm, association, or corporation, and,
if available, email address of the owner. If the mailing
address is a post office box number, the address listed on
the driver license record may be used to verify residence.
A police officer, a deputy sheriff, an elected sheriff, a
law enforcement officer for the Illinois Department of
State Police, a fire investigator, a state's attorney, an
assistant state's attorney, a state's attorney special
investigator, or a judicial officer may elect to furnish
the address of the headquarters of the governmental entity,
police district, or business address where he or she works
instead of his or her domicile address, in which case that
address shall be deemed to be his or her domicile address
for all purposes under this Chapter 3. The spouse and
children of a person who may elect under this paragraph 1
to furnish the address of the headquarters of the
government entity, police district, or business address
where the person works instead of the person's domicile
address may, if they reside with that person, also elect to

SB3642 - 1521 - LRB101 20589 WGH 70218 b
furnish the address of the headquarters of the government
entity, police district, or business address where the
person works as their domicile address, in which case that
address shall be deemed to be their domicile address for
all purposes under this Chapter 3. In this paragraph 1: (A)
"police officer" has the meaning ascribed to "policeman" in
Section 10-3-1 of the Illinois Municipal Code; (B) "deputy
sheriff" means a deputy sheriff appointed under Section
3-6008 of the Counties Code; (C) "elected sheriff" means a
sheriff commissioned pursuant to Section 3-6001 of the
Counties Code; (D) "fire investigator" means a person
classified as a peace officer under the Peace Officer Fire
Investigation Act; (E) "state's attorney", "assistant
state's attorney", and "state's attorney special
investigator" mean a state's attorney, assistant state's
attorney, and state's attorney special investigator
commissioned or appointed under Division 3-9 of the
Counties Code; and (F) "judicial officer" has the meaning
ascribed to it in Section 1-10 of the Judicial Privacy Act.
2. A description of the vehicle, including such
information as is required in an application for a
certificate of title, determined under such standard
rating as may be prescribed by the Secretary.
3. (Blank).
4. Such further information as may reasonably be
required by the Secretary to enable him to determine

SB3642 - 1522 - LRB101 20589 WGH 70218 b
whether the vehicle is lawfully entitled to registration
and the owner entitled to a certificate of title.
5. An affirmation by the applicant that all information
set forth is true and correct. If the application is for
the registration of a motor vehicle, the applicant also
shall affirm that the motor vehicle is insured as required
by this Code, that such insurance will be maintained
throughout the period for which the motor vehicle shall be
registered, and that neither the owner, nor any person
operating the motor vehicle with the owner's permission,
shall operate the motor vehicle unless the required
insurance is in effect. If the person signing the
affirmation is not the sole owner of the vehicle, such
person shall be deemed to have affirmed on behalf of all
the owners of the vehicle. If the person signing the
affirmation is not an owner of the vehicle, such person
shall be deemed to have affirmed on behalf of the owner or
owners of the vehicle. The lack of signature on the
application shall not in any manner exempt the owner or
owners from any provisions, requirements or penalties of
this Code.
(b) When such application refers to a new vehicle purchased
from a dealer the application shall be accompanied by a
Manufacturer's Statement of Origin from the dealer, and a
statement showing any lien retained by the dealer.
(Source: P.A. 100-145, eff. 1-1-18.)

SB3642 - 1523 - LRB101 20589 WGH 70218 b
(625 ILCS 5/3-416) (from Ch. 95 1/2, par. 3-416)
Sec. 3-416. Notice of change of address or name.
(a) Whenever any person after making application for or
obtaining the registration of a vehicle shall move from the
address named in the application or shown upon a registration
card such person shall within 10 days thereafter notify the
Secretary of State of his or her old and new address.
(a-5) A police officer, a deputy sheriff, an elected
sheriff, a law enforcement officer for the Illinois Department
of State Police, or a fire investigator who, in accordance with
Section 3-405, has furnished the address of the office of the
headquarters of the governmental entity or police district
where he or she works instead of his or her domicile address
shall, within 10 days after he or she is no longer employed by
that governmental entity or police district as a police
officer, a deputy sheriff, an elected sheriff, a law
enforcement officer for the Illinois Department of State Police
or a fire investigator, notify the Secretary of State of the
old address and his or her new address. If, in accordance with
Section 3-405, the spouse and children of a police officer,
deputy sheriff, elected sheriff, law enforcement officer for
the Illinois Department of State Police, or fire investigator
have furnished the address of the office of the headquarters of
the governmental entity or police district where the police
officer, deputy sheriff, elected sheriff, law enforcement

SB3642 - 1524 - LRB101 20589 WGH 70218 b
officer for the Illinois Department of State Police, or fire
investigator works instead of their domicile address, the
spouse and children shall notify the Secretary of State of
their old address and new address within 10 days after the
police officer, deputy sheriff, elected sheriff, law
enforcement officer for the Illinois Department of State
Police, or fire investigator is no longer employed by that
governmental entity or police district as a police officer,
deputy sheriff, elected sheriff, law enforcement officer for
the Illinois Department of State Police, or fire investigator.
(b) Whenever the name of any person who has made
application for or obtained the registration of a vehicle is
thereafter changed by marriage or otherwise such person shall
within 10 days notify the Secretary of State of such former and
new name.
(c) In either event, any such person may obtain a corrected
registration card or certificate of title upon application and
payment of the statutory fee.
(Source: P.A. 94-239, eff. 1-1-06; 95-207, eff. 1-1-08.)
(625 ILCS 5/4-107) (from Ch. 95 1/2, par. 4-107)
Sec. 4-107. Stolen, converted, recovered and unclaimed
vehicles.
(a) Every Sheriff, Superintendent of police, Chief of
police or other police officer in command of any Police
department in any City, Village or Town of the State, shall, by

SB3642 - 1525 - LRB101 20589 WGH 70218 b
the fastest means of communications available to his law
enforcement agency, immediately report to the Illinois State
Police, in Springfield, Illinois, the theft or recovery of any
stolen or converted vehicle within his district or
jurisdiction. The report shall give the date of theft,
description of the vehicle including color, year of
manufacture, manufacturer's trade name, manufacturer's series
name, body style, vehicle identification number and license
registration number, including the state in which the license
was issued and the year of issuance, together with the name,
residence address, business address, and telephone number of
the owner. The report shall be routed by the originating law
enforcement agency through the Illinois State Police District
in which such agency is located.
(b) A registered owner or a lienholder may report the theft
by conversion of a vehicle, to the Illinois State Police, or
any other police department or Sheriff's office. Such report
will be accepted as a report of theft and processed only if a
formal complaint is on file and a warrant issued.
(c) An operator of a place of business for garaging,
repairing, parking or storing vehicles for the public, in which
a vehicle remains unclaimed, after being left for the purpose
of garaging, repairing, parking or storage, for a period of 15
days, shall, within 5 days after the expiration of that period,
report the vehicle as unclaimed to the municipal police when
the vehicle is within the corporate limits of any City, Village

SB3642 - 1526 - LRB101 20589 WGH 70218 b
or incorporated Town, or the County Sheriff, or State Police
when the vehicle is outside the corporate limits of a City,
Village or incorporated Town. This Section does not apply to
any vehicle:
(1) removed to a place of storage by a law enforcement
agency having jurisdiction, in accordance with Sections
4-201 and 4-203 of this Act; or
(2) left under a garaging, repairing, parking, or
storage order signed by the owner, lessor, or other legally
entitled person.
Failure to comply with this Section will result in the
forfeiture of storage fees for that vehicle involved.
(d) The Illinois State Police shall keep a complete record
of all reports filed under this Section of the Act. Upon
receipt of such report, a careful search shall be made of the
records of the office of the Illinois State Police, and where
it is found that a vehicle reported recovered was stolen in a
County, City, Village or Town other than the County, City,
Village or Town in which it is recovered, the Illinois State
Police shall immediately notify the Sheriff, Superintendent of
police, Chief of police, or other police officer in command of
the Sheriff's office or Police department of the County, City,
Village or Town in which the vehicle was originally reported
stolen, giving complete data as to the time and place of
recovery.
(e) Notification of the theft or conversion of a vehicle

SB3642 - 1527 - LRB101 20589 WGH 70218 b
will be furnished to the Secretary of State by the Illinois
State Police. The Secretary of State shall place the proper
information in the license registration and title registration
files to indicate the theft or conversion of a motor vehicle or
other vehicle. Notification of the recovery of a vehicle
previously reported as a theft or a conversion will be
furnished to the Secretary of State by the Illinois State
Police. The Secretary of State shall remove the proper
information from the license registration and title
registration files that has previously indicated the theft or
conversion of a vehicle. The Secretary of State shall suspend
the registration of a vehicle upon receipt of a report from the
Illinois State Police that such vehicle was stolen or
converted.
(f) When the Secretary of State receives an application for
a certificate of title or an application for registration of a
vehicle and it is determined from the records of the office of
the Secretary of State that such vehicle has been reported
stolen or converted, the Secretary of State shall immediately
notify the Illinois State Police or the Secretary of State
Department of Police and shall give the Illinois State Police
or the Secretary of State Department of Police the name and
address of the person or firm titling or registering the
vehicle, together with all other information contained in the
application submitted by such person or firm. If the Secretary
of State Department of Police receives notification under this

SB3642 - 1528 - LRB101 20589 WGH 70218 b
subsection (f), it shall conduct an investigation concerning
the identity of the registered owner of the stolen or converted
vehicle.
(g) During the usual course of business the manufacturer of
any vehicle shall place an original manufacturer's vehicle
identification number on all such vehicles manufactured and on
any part of such vehicles requiring an identification number.
(h) Except provided in subsection (h-1), if a
manufacturer's vehicle identification number is missing or has
been removed, changed or mutilated on any vehicle, or any part
of such vehicle requiring an identification number, the
Illinois State Police or the Secretary of State Department of
Police shall restore, restamp or reaffix the vehicle
identification number plate, or affix a new plate bearing the
original manufacturer's vehicle identification number on each
such vehicle and on all necessary parts of the vehicles. A
vehicle identification number so affixed, restored, restamped,
reaffixed or replaced is not falsified, altered or forged
within the meaning of this Act.
(h-1) A person engaged in the repair or servicing of
vehicles may reaffix a manufacturer's identification number
plate on the same damaged vehicle from which it was originally
removed, if the person reaffixes the original manufacturer's
identification number plate in place of the identification
number plate affixed on a new dashboard that has been installed
in the vehicle. The person must notify the Secretary of State

SB3642 - 1529 - LRB101 20589 WGH 70218 b
each time the original manufacturer's identification number
plate is reaffixed on a vehicle. The person must keep a record
indicating that the identification number plate affixed on the
new dashboard has been removed and has been replaced by the
manufacturer's identification number plate originally affixed
on the vehicle. The person also must keep a record regarding
the status and location of the identification number plate
removed from the replacement dashboard. The Secretary shall
adopt rules for implementing this subsection (h-1).
(h-2) The owner of a vehicle repaired under subsection
(h-1) must, within 90 days of the date of the repairs, contact
an officer of the Illinois State Police Vehicle Inspection
Bureau and arrange for an inspection of the vehicle, by the
officer or the officer's designee, at a mutually agreed upon
date and location.
(i) If a vehicle or part of any vehicle is found to have
the manufacturer's identification number removed, altered,
defaced or destroyed, the vehicle or part shall be seized by
any law enforcement agency having jurisdiction and held for the
purpose of identification. In the event that the manufacturer's
identification number of a vehicle or part cannot be
identified, the vehicle or part shall be considered contraband,
and no right of property shall exist in any person owning,
leasing or possessing such property, unless the person owning,
leasing or possessing the vehicle or part acquired such without
knowledge that the manufacturer's vehicle identification

SB3642 - 1530 - LRB101 20589 WGH 70218 b
number has been removed, altered, defaced, falsified or
destroyed.
Either the seizing law enforcement agency or the State's
Attorney of the county where the seizure occurred may make an
application for an order of forfeiture to the circuit court in
the county of seizure. The application for forfeiture shall be
independent from any prosecution arising out of the seizure and
is not subject to any final determination of such prosecution.
The circuit court shall issue an order forfeiting the property
to the seizing law enforcement agency if the court finds that
the property did not at the time of seizure possess a valid
manufacturer's identification number and that the original
manufacturer's identification number cannot be ascertained.
The seizing law enforcement agency may:
(1) retain the forfeited property for official use; or
(2) sell the forfeited property and distribute the
proceeds in accordance with Section 4-211 of this Code, or
dispose of the forfeited property in such manner as the law
enforcement agency deems appropriate.
(i-1) If a motorcycle is seized under subsection (i), the
motorcycle must be returned within 45 days of the date of
seizure to the person from whom it was seized, unless (i)
criminal charges are pending against that person or (ii) an
application for an order of forfeiture has been submitted to
the circuit in the county of seizure or (iii) the circuit court
in the county of seizure has received from the seizing law

SB3642 - 1531 - LRB101 20589 WGH 70218 b
enforcement agency and has granted a petition to extend, for a
single 30 day period, the 45 days allowed for return of the
motorcycle. Except as provided in subsection (i-2), a
motorcycle returned to the person from whom it was seized must
be returned in essentially the same condition it was in at the
time of seizure.
(i-2) If any part or parts of a motorcycle seized under
subsection (i) are found to be stolen and are removed, the
seizing law enforcement agency is not required to replace the
part or parts before returning the motorcycle to the person
from whom it was seized.
(j) The Illinois State Police or the Secretary of State
Department of Police shall notify the Secretary of State each
time a manufacturer's vehicle identification number is
affixed, reaffixed, restored or restamped on any vehicle. The
Secretary of State shall make the necessary changes or
corrections in his records, after the proper applications and
fees have been submitted, if applicable.
(k) Any vessel, vehicle or aircraft used with knowledge and
consent of the owner in the commission of, or in the attempt to
commit as defined in Section 8-4 of the Criminal Code of 2012,
an offense prohibited by Section 4-103 of this Chapter,
including transporting of a stolen vehicle or stolen vehicle
parts, shall be seized by any law enforcement agency. The
seizing law enforcement agency may:
(1) return the vehicle to its owner if such vehicle is

SB3642 - 1532 - LRB101 20589 WGH 70218 b
stolen; or
(2) confiscate the vehicle and retain it for any
purpose which the law enforcement agency deems
appropriate; or
(3) sell the vehicle at a public sale or dispose of the
vehicle in such other manner as the law enforcement agency
deems appropriate.
If the vehicle is sold at public sale, the proceeds of the
sale shall be paid to the law enforcement agency.
The law enforcement agency shall not retain, sell or
dispose of a vehicle under paragraphs (2) or (3) of this
subsection (k) except upon an order of forfeiture issued by the
circuit court. The circuit court may issue such order of
forfeiture upon application of the law enforcement agency or
State's Attorney of the county where the law enforcement agency
has jurisdiction, or in the case of the Illinois Department of
State Police or the Secretary of State, upon application of the
Attorney General.
The court shall issue the order if the owner of the vehicle
has been convicted of transporting stolen vehicles or stolen
vehicle parts and the evidence establishes that the owner's
vehicle has been used in the commission of such offense.
The provisions of subsection (k) of this Section shall not
apply to any vessel, vehicle or aircraft, which has been
leased, rented or loaned by its owner, if the owner did not
have knowledge of and consent to the use of the vessel, vehicle

SB3642 - 1533 - LRB101 20589 WGH 70218 b
or aircraft in the commission of, or in an attempt to commit,
an offense prohibited by Section 4-103 of this Chapter.
(Source: P.A. 100-956, eff. 1-1-19.)
(625 ILCS 5/4-109)
Sec. 4-109. Motor Vehicle Theft Prevention Program. The
Secretary of State, in conjunction with the Motor Vehicle Theft
Prevention and Insurance Verification Council, is hereby
authorized to establish and operate a Motor Vehicle Theft
Prevention Program as follows:
(a) Voluntary program participation.
(b) The registered owner of a motor vehicle interested in
participating in the program shall sign an informed consent
agreement designed by the Secretary of State under subsection
(e) of this Section indicating that the motor vehicle
registered to him is not normally operated between the hours of
1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
submitted to the Secretary of State for processing.
(c) Upon processing the form, the Secretary of State shall
issue to the registered owner a decal. The registered owner
shall affix the decal in a conspicuous place on his motor
vehicle as prescribed by the Secretary of State.
(d) Whenever any law enforcement officer shall see a motor
vehicle displaying a decal issued under the provisions of
subsection (c) of this Section being operated upon the public
highways of this State between the hours of 1:00 a.m. and 5:00

SB3642 - 1534 - LRB101 20589 WGH 70218 b
a.m., the officer is authorized to stop that motor vehicle and
to request the driver to produce a valid driver's license and
motor vehicle registration card if required to be carried in
the vehicle. Whenever the operator of a motor vehicle
displaying a decal is unable to produce the documentation set
forth in this Section, the police officer shall investigate
further to determine if the person operating the motor vehicle
is the registered owner or has the authorization of the owner
to operate the vehicle.
(e) The Secretary of State, in consultation with the
Director of the Illinois Department of State Police and Motor
Vehicle Theft Prevention and Insurance Verification Council,
shall design the manner and form of the informed consent
agreement required under subsection (b) of this Section and the
decal required under subsection (c) of this Section.
(f) The Secretary of State shall provide for the recording
of registered owners of motor vehicles who participate in the
program. The records shall be available to all law enforcement
departments, agencies, and forces. The Secretary of State shall
cooperate with and assist all law enforcement officers and
other agencies in tracing or examining any questionable motor
vehicles in order to determine the ownership of the motor
vehicles.
(g) A fee not to exceed $10 may be charged for the informed
consent form and decal provided under this Section. The fee, if
any, shall be set by the Motor Vehicle Theft Prevention and

SB3642 - 1535 - LRB101 20589 WGH 70218 b
Insurance Verification Council and shall be collected by the
Secretary of State and deposited into the Motor Vehicle Theft
Prevention and Insurance Verification Trust Fund.
(h) The Secretary of State, in consultation with the
Director of the Illinois Department of State Police and the
Motor Vehicle Theft Prevention and Insurance Verification
Council shall promulgate rules and regulations to effectuate
the purposes of this Section.
(Source: P.A. 100-373, eff. 1-1-18.)
(625 ILCS 5/4-202) (from Ch. 95 1/2, par. 4-202)
Sec. 4-202. Abandoned, lost, stolen or unclaimed vehicle
notification to law enforcement agencies.
When an abandoned, lost, stolen or unclaimed vehicle comes
into the temporary possession or custody of a person in this
State, not the owner of the vehicle, such person shall
immediately notify the municipal police when the vehicle is
within the corporate limits of any city, village or town having
a duly authorized police department, or the State Police or the
county sheriff when the vehicle is outside the corporate limits
of a city, village or town. Upon receipt of such notification,
the municipal police, Illinois State Police or county sheriff
will authorize a towing service to remove and take possession
of the abandoned, lost, stolen or unclaimed vehicle. The towing
service will safely keep the towed vehicle and its contents,
maintain a record of the tow as set forth in Section 4-204 for

SB3642 - 1536 - LRB101 20589 WGH 70218 b
law enforcement agencies, until the vehicle is claimed by the
owner or any other person legally entitled to possession
thereof or until it is disposed of as provided in this Chapter.
(Source: P.A. 78-858.)
(625 ILCS 5/4-203.5)
Sec. 4-203.5. Tow rotation list.
(a) Each law enforcement agency whose duties include the
patrol of highways in this State shall maintain a tow rotation
list which shall be used by law enforcement officers
authorizing the tow of a vehicle within the jurisdiction of the
law enforcement agency. To ensure adequate response time, a law
enforcement agency may maintain multiple tow rotation lists,
with each tow rotation list covering tows authorized in
different geographic locations within the jurisdiction of the
law enforcement agency. A towing service may be included on
more than one tow rotation list.
(b) Any towing service operating within the jurisdiction of
a law enforcement agency may submit an application in a form
and manner prescribed by the law enforcement agency for
inclusion on the law enforcement agency's tow rotation list.
The towing service does not need to be located within the
jurisdiction of the law enforcement agency. To be included on a
tow rotation list the towing service must meet the following
requirements:
(1) possess a license permitting the towing service to

SB3642 - 1537 - LRB101 20589 WGH 70218 b
operate in every unit of local government in the law
enforcement agency's jurisdiction that requires a license
for the operation of a towing service;
(2) if required by the law enforcement agency for
inclusion on that law enforcement agency's tow rotation
list, each owner of the towing service and each person
operating a vehicle on behalf of the towing service shall
submit his or her fingerprints to the Illinois Department
of State Police in the form and manner prescribed by the
Illinois Department of State Police. These fingerprints
should be transmitted through a live scan fingerprint
vendor licensed by the Department of Financial and
Professional Regulation. These fingerprints shall be
checked against the fingerprint records now and hereafter
filed in the Illinois Department of State Police and
Federal Bureau of Investigation criminal history records
databases. The Illinois Department of State Police shall
charge a fee for conducting the criminal history record
check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
State and national criminal history record check. The
Illinois Department of State Police shall furnish,
pursuant to positive identification, all Illinois
conviction information to the law enforcement agency
maintaining the tow rotation list and shall forward the
national criminal history record information to the law

SB3642 - 1538 - LRB101 20589 WGH 70218 b
enforcement agency maintaining the tow rotation list. A
person may not own a towing service or operate a vehicle on
behalf of a towing service included on a tow rotation list
if that person has been convicted during the 5 years
preceding the application of a criminal offense involving
one or more of the following:
(A) bodily injury or attempt to inflict bodily
injury to another person;
(B) theft of property or attempted theft of
property; or
(C) sexual assault or attempted sexual assault of
any kind;
(3) each person operating a vehicle on behalf of the
towing service must be classified for the type of towing
operation he or she shall be performing and the vehicle he
or she shall be operating;
(4) possess and maintain the following insurance in
addition to any other insurance required by law:
(A) comprehensive automobile liability insurance
with a minimum combined single limit coverage of
$1,000,000;
(B) commercial general liability insurance with
limits of not less than $1,000,000 per occurrence,
$100,000 minimum garage keepers legal liability
insurance, and $100,000 minimum on-hook coverage or
cargo insurance; and

SB3642 - 1539 - LRB101 20589 WGH 70218 b
(C) a worker's compensation policy covering every
person operating a tow truck on behalf of the towing
service, if required under current law;
(5) possess a secure parking lot used for short-term
vehicle storage after a vehicle is towed that is open
during business hours and is equipped with security
features as required by the law enforcement agency;
(6) utilize only vehicles that possess a valid vehicle
registration, display a valid Illinois license plate in
accordance with Section 5-202 of this Code, and comply with
the weight requirements of this Code;
(7) every person operating a towing or recovery vehicle
on behalf of the towing service must have completed a
Traffic Incident Management Training Program approved by
the Department of Transportation;
(8) hold a valid authority issued to it by the Illinois
Commerce Commission;
(9) comply with all other applicable federal, State,
and local laws; and
(10) comply with any additional requirements the
applicable law enforcement agency deems necessary.
The law enforcement agency may select which towing services
meeting the requirements of this subsection (b) shall be
included on a tow rotation list. The law enforcement agency may
choose to have only one towing service on its tow rotation
list. Complaints regarding the process for inclusion on a tow

SB3642 - 1540 - LRB101 20589 WGH 70218 b
rotation list or the use of a tow rotation list may be referred
in writing to the head of the law enforcement agency
administering that tow rotation list. The head of the law
enforcement agency shall make the final determination as to
which qualified towing services shall be included on a tow
rotation list, and shall not be held liable for the exclusion
of any towing service from a tow rotation list.
(c) Whenever a law enforcement officer initiates a tow of a
vehicle, the officer shall contact his or her law enforcement
agency and inform the agency that a tow has been authorized.
The law enforcement agency shall then select a towing service
from the law enforcement agency's tow rotation list
corresponding to the geographical area where the tow was
authorized, and shall contact that towing service directly by
phone, computer, or similar means. Towing services shall be
contacted in the order listed on the appropriate tow rotation
list, at which point the towing service shall be placed at the
end of that tow rotation list. In the event a listed towing
service is not available, the next listed towing service on
that tow rotation list shall be contacted.
(d) A law enforcement agency may deviate from the order
listed on a tow rotation list if the towing service next on
that tow rotation list is, in the judgment of the authorizing
officer or the law enforcement agency making the selection,
incapable of or not properly equipped for handling a specific
task related to the tow that requires special skills or

SB3642 - 1541 - LRB101 20589 WGH 70218 b
equipment. A deviation from the order listed on the tow
rotation list for this reason shall not cause a loss of
rotation turn by the towing service determined to be incapable
or not properly equipped for handling the request.
(e) In the event of an emergency a law enforcement officer
or agency, taking into account the safety and location of the
situation, may deviate from the order of the tow rotation list
and obtain towing service from any source deemed appropriate.
(f) If the owner or operator of a disabled vehicle is
present at the scene of the disabled vehicle, is not under
arrest, and does not abandon his or her vehicle, and in the law
enforcement officer's opinion the disabled vehicle is not
impeding or obstructing traffic, illegally parked, or posing a
security or safety risk, the law enforcement officer shall
allow the owner of the vehicle to specify a towing service to
relocate the disabled vehicle. If the owner chooses not to
specify a towing service, the law enforcement agency shall
select a towing service for the vehicle as provided in
subsection (c) of this Section.
(g) If a tow operator is present or arrives where a tow is
needed and it has not been requested by the law enforcement
agency or the owner or operator, the law enforcement officer,
unless acting under Section 11-1431 of this Code, shall advise
the tow operator to leave the scene.
(h) Nothing contained in this Section shall apply to a law
enforcement agency having jurisdiction solely over a

SB3642 - 1542 - LRB101 20589 WGH 70218 b
municipality with a population over 1,000,000.
(Source: P.A. 99-438, eff. 1-1-16.)
(625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
Sec. 4-205. Record searches.
(a) When a law enforcement agency authorizing the
impounding of a vehicle does not know the identity of the
registered owner, lienholder or other legally entitled person,
that law enforcement agency will cause the vehicle registration
records of the State of Illinois to be searched by the
Secretary of State for the purpose of obtaining the required
ownership information.
(b) The law enforcement agency authorizing the impounding
of a vehicle will cause the stolen motor vehicle files of the
Illinois State Police to be searched by a directed
communication to the Illinois State Police for stolen or wanted
information on the vehicle. When the Illinois State Police
files are searched with negative results, the information
contained in the National Crime Information Center (NCIC) files
will be searched by the Illinois State Police. The information
determined from these record searches will be returned to the
requesting law enforcement agency for that agency's use in
sending a notification by certified mail to the registered
owner, lienholder and other legally entitled persons advising
where the vehicle is held, requesting a disposition be made and
setting forth public sale information. Notification shall be

SB3642 - 1543 - LRB101 20589 WGH 70218 b
sent no later than 10 business days after the date the law
enforcement agency impounds or authorizes the impounding of a
vehicle, provided that if the law enforcement agency is unable
to determine the identity of the registered owner, lienholder
or other person legally entitled to ownership of the impounded
vehicle within a 10 business day period after impoundment, then
notification shall be sent no later than 2 days after the date
the identity of the registered owner, lienholder or other
person legally entitled to ownership of the impounded vehicle
is determined. Exceptions to a notification by certified mail
to the registered owner, lienholder and other legally entitled
persons are set forth in Section 4-209 of this Code.
(c) When ownership information is needed for a towing
service to give notification as required under this Code, the
towing service may cause the vehicle registration records of
the State of Illinois to be searched by the Secretary of State,
and in such case, the towing service also shall give notice to
all lienholders of record within the time period required for
such other notices.
The written request of a towing service, in the form and
containing the information prescribed by the Secretary of State
by rule, may be transmitted to the Secretary of State in
person, by U.S. mail or other delivery service, by facsimile
transmission, or by other means the Secretary of State deems
acceptable.
The Secretary of State shall provide the required

SB3642 - 1544 - LRB101 20589 WGH 70218 b
information, or a statement that the information was not found
in the vehicle registration records of the State, by U.S. mail
or other delivery service, facsimile transmission, as
requested by the towing service, or by other means acceptable
to the Secretary of State.
(d) The Secretary of State may prescribe standards and
procedures for submission of requests for record searches and
replies via computer link.
(e) Fees for services provided under this Section shall be
in amounts prescribed by the Secretary of State under Section
3-821.1 of this Code. Payment may be made by the towing service
using cash, any commonly accepted credit card, or any other
means of payment deemed acceptable by the Secretary of State.
(Source: P.A. 95-838, eff. 8-15-08.)
(625 ILCS 5/4-206) (from Ch. 95 1/2, par. 4-206)
Sec. 4-206. Identifying and tracing of vehicle ownership by
Illinois State Police. When the registered owner, lienholder or
other person legally entitled to the possession of a vehicle
cannot be identified from the registration files of this State
or from the registration files of a foreign state, if
applicable, the law enforcement agency having custody of the
vehicle shall notify the Illinois State Police, for the purpose
of identifying the vehicle owner or other person legally
entitled to the possession of the vehicle. The information
obtained by the Illinois State Police will be immediately

SB3642 - 1545 - LRB101 20589 WGH 70218 b
forwarded to the law enforcement agency having custody of the
vehicle for notification purposes as set forth in Section 4-205
of this Code.
(Source: P.A. 82-363.)
(625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
Sec. 4-209. Disposal of unclaimed vehicles more than 7
years of age; disposal of abandoned or unclaimed vehicles
without notice.
(a) When the identity of the registered owner, lienholder,
or other legally entitled persons of an abandoned, lost, or
unclaimed vehicle of 7 years of age or newer cannot be
determined by any means provided for in this Chapter, the
vehicle may be sold as provided in Section 4-208 without notice
to any person whose identity cannot be determined.
(b) When an abandoned vehicle of more than 7 years of age
is impounded as specified by this Chapter, or when any such
vehicle is towed at the request or with the consent of the
owner or operator and is subsequently abandoned, it will be
kept in custody or storage for a minimum of 10 days for the
purpose of determining the identity of the registered owner,
lienholder, or other legally entitled persons and contacting
the registered owner, lienholder, or other legally entitled
persons by the U. S. Mail, public service or in person for a
determination of disposition; and, an examination of the
Illinois State Police stolen vehicle files for theft and wanted

SB3642 - 1546 - LRB101 20589 WGH 70218 b
information. At the expiration of the 10 day period, without
the benefit of disposition information being received from the
registered owner, lienholder, or other legally entitled
persons, the vehicle may be disposed of in either of the
following ways:
(1) The law enforcement agency having jurisdiction
will authorize the disposal of the vehicle as junk or
salvage.
(2) The towing service may sell the vehicle in the
manner provided in Section 4-208 of this Code, provided
that this paragraph (2) shall not apply to vehicles towed
by order or authorization of a law enforcement agency.
(c) A vehicle classified as an antique vehicle,
expanded-use antique vehicle, custom vehicle, or street rod may
however be sold to a person desiring to restore it.
(Source: P.A. 97-412, eff. 1-1-12.)
(625 ILCS 5/4-302) (from Ch. 95 1/2, par. 4-302)
Sec. 4-302. Vehicle Recycling Board. There is hereby
created the Vehicle Recycling Board of the State of Illinois
composed of the Secretary of Transportation, the Director of
the Illinois State Police, the Director of Public Health, the
Director of the Environmental Protection Agency, the
Superintendent of State Troopers or their designated
representatives. The Governor shall designate the Chairman and
Secretary of the Board.

SB3642 - 1547 - LRB101 20589 WGH 70218 b
The Board shall appoint an advisory committee, of no less
than 10 members, to include an official representative of the
Office of the Secretary of State as designated by the
Secretary; and other appropriate representatives from such
sources as: statewide associations of city, county and township
governing bodies; knowledgeable successful leaders from the
auto recycling private sector; the State associations of chiefs
of police, county sheriffs, police officers; and State agencies
having a direct or indirect relationship with vehicle
recycling.
(Source: P.A. 84-25.)
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
Sec. 5-102. Used vehicle dealers must be licensed.
(a) No person, other than a licensed new vehicle dealer,
shall engage in the business of selling or dealing in, on
consignment or otherwise, 5 or more used vehicles of any make
during the year (except house trailers as authorized by
paragraph (j) of this Section and rebuilt salvage vehicles sold
by their rebuilders to persons licensed under this Chapter), or
act as an intermediary, agent or broker for any licensed dealer
or vehicle purchaser (other than as a salesperson) or represent
or advertise that he is so engaged or intends to so engage in
such business unless licensed to do so by the Secretary of
State under the provisions of this Section.
(b) An application for a used vehicle dealer's license

SB3642 - 1548 - LRB101 20589 WGH 70218 b
shall be filed with the Secretary of State, duly verified by
oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization
established and additional places of business, if any, in
this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee or manager.
3. A statement that the applicant has been approved for
registration under the Retailers' Occupation Tax Act by the
Department of Revenue. However, this requirement does not
apply to a dealer who is already licensed hereunder with
the Secretary of State, and who is merely applying for a
renewal of his license. As evidence of this fact, the
application shall be accompanied by a certification from
the Department of Revenue showing that the Department has
approved the applicant for registration under the
Retailers' Occupation Tax Act.
4. A statement that the applicant has complied with the

SB3642 - 1549 - LRB101 20589 WGH 70218 b
appropriate liability insurance requirement. A Certificate
of Insurance in a solvent company authorized to do business
in the State of Illinois shall be included with each
application covering each location at which he proposes to
act as a used vehicle dealer. The policy must provide
liability coverage in the minimum amounts of $100,000 for
bodily injury to, or death of, any person, $300,000 for
bodily injury to, or death of, two or more persons in any
one accident, and $50,000 for damage to property. Such
policy shall expire not sooner than December 31 of the year
for which the license was issued or renewed. The expiration
of the insurance policy shall not terminate the liability
under the policy arising during the period for which the
policy was filed. Trailer and mobile home dealers are
exempt from this requirement.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one accident, and $50,000 for damage
to property, then the permitted user's insurer shall be the
primary insurer and the dealer's insurer shall be the
secondary insurer. If the permitted user does not have a
liability insurance policy that provides automobile
liability insurance coverage of at least $100,000 for
bodily injury to or the death of any person, $300,000 for

SB3642 - 1550 - LRB101 20589 WGH 70218 b
bodily injury to or the death of any 2 or more persons in
any one accident, and $50,000 for damage to property, or
does not have any insurance at all, then the dealer's
insurer shall be the primary insurer and the permitted
user's insurer shall be the secondary insurer.
When a permitted user is "test driving" a used vehicle
dealer's automobile, the used vehicle dealer's insurance
shall be primary and the permitted user's insurance shall
be secondary.
As used in this paragraph 4, a "permitted user" is a
person who, with the permission of the used vehicle dealer
or an employee of the used vehicle dealer, drives a vehicle
owned and held for sale or lease by the used vehicle dealer
which the person is considering to purchase or lease, in
order to evaluate the performance, reliability, or
condition of the vehicle. The term "permitted user" also
includes a person who, with the permission of the used
vehicle dealer, drives a vehicle owned or held for sale or
lease by the used vehicle dealer for loaner purposes while
the user's vehicle is being repaired or evaluated.
As used in this paragraph 4, "test driving" occurs when
a permitted user who, with the permission of the used
vehicle dealer or an employee of the used vehicle dealer,
drives a vehicle owned and held for sale or lease by a used
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,

SB3642 - 1551 - LRB101 20589 WGH 70218 b
reliability, or condition of the vehicle.
As used in this paragraph 4, "loaner purposes" means
when a person who, with the permission of the used vehicle
dealer, drives a vehicle owned or held for sale or lease by
the used vehicle dealer while the user's vehicle is being
repaired or evaluated.
5. An application for a used vehicle dealer's license
shall be accompanied by the following license fees:
(A) $1,000 for applicant's established place of
business, and $50 for each additional place of
business, if any, to which the application pertains;
however, if the application is made after June 15 of
any year, the license fee shall be $500 for applicant's
established place of business plus $25 for each
additional place of business, if any, to which the
application pertains. License fees shall be returnable
only in the event that the application is denied by the
Secretary of State. Of the money received by the
Secretary of State as license fees under this
subparagraph (A) for the 2004 licensing year and
thereafter, 95% shall be deposited into the General
Revenue Fund.
(B) Except for dealers selling 25 or fewer
automobiles or as provided in subsection (h) of Section
5-102.7 of this Code, an Annual Dealer Recovery Fund
Fee in the amount of $500 for the applicant's

SB3642 - 1552 - LRB101 20589 WGH 70218 b
established place of business, and $50 for each
additional place of business, if any, to which the
application pertains; but if the application is made
after June 15 of any year, the fee shall be $250 for
the applicant's established place of business plus $25
for each additional place of business, if any, to which
the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
License fees shall be returnable only in the event
that the application is denied by the Secretary of
State. Moneys received under this subparagraph (B)
shall be deposited into the Dealer Recovery Trust Fund.
6. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the

SB3642 - 1553 - LRB101 20589 WGH 70218 b
business have not committed in the past 3 years any one
violation as determined in any civil, criminal or
administrative proceedings of any one of the following
Acts:
(A) The Anti-Theft Laws of the Illinois Vehicle
Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Illinois Criminal Code of
1961 or the Criminal Code of 2012, Criminal Trespass to
Vehicles; or
(F) The Retailers' Occupation Tax Act.
7. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager or other principals in the
business have not committed in any calendar year 3 or more
violations, as determined in any civil or criminal or
administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;

SB3642 - 1554 - LRB101 20589 WGH 70218 b
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud and Deceptive Business
Practices Act.
7.5. A statement that, within 10 years of application,
each officer, director, shareholder having a 10% or greater
ownership interest therein, proprietor, partner, member,
officer, director, trustee, manager, or other principal in
the business of the applicant has not committed, as
determined in any civil, criminal, or administrative
proceeding, in any calendar year one or more forcible
felonies under the Criminal Code of 1961 or the Criminal
Code of 2012, or a violation of either or both Article 16
or 17 of the Criminal Code of 1961 or a violation of either
or both Article 16 or 17 of the Criminal Code of 2012,
Article 29B of the Criminal Code of 1961 or the Criminal
Code of 2012, or a similar out-of-state offense. For the
purposes of this paragraph, "forcible felony" has the
meaning provided in Section 2-8 of the Criminal Code of
2012.

SB3642 - 1555 - LRB101 20589 WGH 70218 b
8. A bond or Certificate of Deposit in the amount of
$50,000 for each location at which the applicant intends to
act as a used vehicle dealer. The bond shall be for the
term of the license, or its renewal, for which application
is made, and shall expire not sooner than December 31 of
the year for which the license was issued or renewed. The
bond shall run to the People of the State of Illinois, with
surety by a bonding or insurance company authorized to do
business in this State. It shall be conditioned upon the
proper transmittal of all title and registration fees and
taxes (excluding taxes under the Retailers' Occupation Tax
Act) accepted by the applicant as a used vehicle dealer.
9. Such other information concerning the business of
the applicant as the Secretary of State may by rule or
regulation prescribe.
10. A statement that the applicant understands Chapter
1 through Chapter 5 of this Code.
11. A copy of the certification from the prelicensing
education program.
(c) Any change which renders no longer accurate any
information contained in any application for a used vehicle
dealer's license shall be amended within 30 days after the
occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter to the contrary

SB3642 - 1556 - LRB101 20589 WGH 70218 b
notwithstanding, no person shall be licensed as a used vehicle
dealer unless such person maintains an established place of
business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section. Unless the Secretary makes a determination that
the application submitted to him does not conform to this
Section or that grounds exist for a denial of the application
under Section 5-501 of this Chapter, he must grant the
applicant an original used vehicle dealer's license in writing
for his established place of business and a supplemental
license in writing for each additional place of business in
such form as he may prescribe by rule or regulation which shall
include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business
organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee or
manager;
3. In case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental

SB3642 - 1557 - LRB101 20589 WGH 70218 b
license pertains.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section,
all used vehicle dealer's licenses granted under this Section
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under Section 5-501 of this Chapter.
(h) A used vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage by an approved bond under the
"Retailers' Occupation Tax Act" or proof that applicant is not
subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal of
an effective license is made during the month of December, the
effective license shall remain in force until the application
for renewal is granted or denied by the Secretary of State.
(i) All persons licensed as a used vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. A certificate of title properly assigned to the
purchaser;
2. A statement verified under oath that all identifying
numbers on the vehicle agree with those on the certificate

SB3642 - 1558 - LRB101 20589 WGH 70218 b
of title;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 of this Chapter;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(j) A real estate broker holding a valid certificate of
registration issued pursuant to "The Real Estate Brokers and
Salesmen License Act" may engage in the business of selling or
dealing in house trailers not his own without being licensed as
a used vehicle dealer under this Section; however such broker
shall maintain a record of the transaction including the
following:
(1) the name and address of the buyer and seller,
(2) the date of sale,
(3) a description of the mobile home, including the
vehicle identification number, make, model, and year, and
(4) the Illinois certificate of title number.
The foregoing records shall be available for inspection by
any officer of the Secretary of State's Office at any
reasonable hour.
(k) Except at the time of sale or repossession of the
vehicle, no person licensed as a used vehicle dealer may issue

SB3642 - 1559 - LRB101 20589 WGH 70218 b
any other person a newly created key to a vehicle unless the
used vehicle dealer makes a color photocopy or electronic scan
of the driver's license or State identification card of the
person requesting or obtaining the newly created key. The used
vehicle dealer must retain the photocopy or scan for 30 days.
A used vehicle dealer who violates this subsection (k) is
guilty of a petty offense. Violation of this subsection (k) is
not cause to suspend, revoke, cancel, or deny renewal of the
used vehicle dealer's license.
(l) Used vehicle dealers licensed under this Section shall
provide the Secretary of State a register for the sale at
auction of each salvage or junk certificate vehicle. Each
register shall include the following information:
1. The year, make, model, style and color of the
vehicle;
2. The vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
Department of State Police identification number;
3. The date of acquisition of the vehicle;
4. The name and address of the person from whom the
vehicle was acquired;
5. The name and address of the person to whom any
vehicle was disposed, the person's Illinois license number
or if the person is an out-of-state salvage vehicle buyer,
the license number from the state or jurisdiction where the
buyer is licensed; and

SB3642 - 1560 - LRB101 20589 WGH 70218 b
6. The purchase price of the vehicle.
The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19;
101-505, eff. 1-1-20.)
(625 ILCS 5/5-105) (from Ch. 95 1/2, par. 5-105)
Sec. 5-105. Investigation of licensee required. Every
person seeking a license under Chapter 5 of this Act, as part
of the application process, authorizes an investigation to
determine if the applicant has ever been convicted of a crime
and if so, the disposition of those convictions. This
authorization shall indicate the scope of the inquiry and the
agencies which may be contacted. Upon this authorization the
Secretary of State may request and receive information and
assistance from any Federal, State or local governmental agency
as part of the authorized investigation. The Illinois
Department of State Police shall provide information
concerning any criminal convictions and their disposition
brought against the applicant upon request of the Secretary of
State when the request is made in the form and manner required
by the Illinois Department of State Police. The information
derived from this investigation, including the source of this
information, and any conclusions or recommendations derived
from this information by the Secretary of State shall be

SB3642 - 1561 - LRB101 20589 WGH 70218 b
provided to the applicant or his designee. Upon request to the
Secretary of State prior to any final action by the Secretary
of State on the application, no information obtained from such
investigation may be placed in any automated information
system. Any criminal convictions and their disposition
information obtained by the Secretary of State shall be
confidential and may not be transmitted outside the Office of
the Secretary of State, except as required herein, and may not
be transmitted to anyone within the Office of the Secretary of
State except as needed for the purpose of evaluating the
application. All criminal convictions and their disposition
and information obtained by the Division of Investigation shall
be destroyed no later than 60 days after the Division of
Investigation has made a final ruling on the application, and
all rights of appeal have expired and pending appeals have been
completed. The only physical identity materials which the
applicant can be required to provide the Secretary of State are
photographs or fingerprints. Only information and standards
which bear a reasonable and rational relation to the
performance of a licensee shall be used by the Secretary of
State. The Secretary of State shall adopt rules and regulations
for the administration of this Section. Any employee of the
Secretary of State who gives or causes to be given away any
confidential information concerning any criminal convictions
and their disposition of an applicant shall be guilty of a
Class A misdemeanor.

SB3642 - 1562 - LRB101 20589 WGH 70218 b
(Source: P.A. 84-25.)
(625 ILCS 5/5-401.2) (from Ch. 95 1/2, par. 5-401.2)
Sec. 5-401.2. Licensees required to keep records and make
inspections.
(a) Every person licensed or required to be licensed under
Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or
5-302 of this Code, shall, with the exception of scrap
processors, maintain for 3 years, in a form as the Secretary of
State may by rule or regulation prescribe, at his established
place of business, additional place of business, or principal
place of business if licensed under Section 5-302, the
following records relating to the acquisition or disposition of
vehicles and their essential parts possessed in this State,
brought into this State from another state, territory or
country, or sold or transferred to another person in this State
or in another state, territory, or country.
(1) The following records pertaining to new or used
vehicles shall be kept:
(A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification
number or, if applicable, the Secretary of State or
Illinois Department of State Police identification
number;
(C) the date of acquisition of the vehicle;

SB3642 - 1563 - LRB101 20589 WGH 70218 b
(D) the name and address of the person from whom
the vehicle was acquired and, if that person is a
dealer, the Illinois or out-of-state dealer license
number of such person;
(E) the signature of the person making the
inspection of a used vehicle as required under
subsection (d) of this Section, if applicable;
(F) the purchase price of the vehicle, if
applicable;
(G) the date of the disposition of the vehicle;
(H) the name and address of the person to whom any
vehicle was disposed, and if that person is a dealer,
the Illinois or out-of-State dealer's license number
of that dealer;
(I) the uniform invoice number reflecting the
disposition of the vehicle, if applicable; and
(J) The sale price of the vehicle, if applicable.
(2) (A) The following records pertaining to used
essential parts other than quarter panels and
transmissions of vehicles of the first division shall be
kept:
(i) the year, make, model, color and type of such
part;
(ii) the vehicle's manufacturer's identification
number, derivative number, or, if applicable, the
Secretary of State or Illinois Department of State

SB3642 - 1564 - LRB101 20589 WGH 70218 b
Police identification number of such part;
(iii) the date of the acquisition of each part;
(iv) the name and address of the person from whom
the part was acquired and, if that person is a dealer,
the Illinois or out-of-state dealer license number of
such person; if the essential part being acquired is
from a person other than a dealer, the licensee shall
verify and record that person's identity by recording
the identification numbers from at least two sources of
identification, one of which shall be a drivers license
or State identification card;
(v) the uniform invoice number or out-of-state
bill of sale number reflecting the acquisition of such
part;
(vi) the stock number assigned to the essential
part by the licensee, if applicable;
(vii) the date of the disposition of such part;
(viii) the name and address of the person to whom
such part was disposed of and, if that person is a
dealer, the Illinois or out-of-state dealer license
number of that person;
(ix) the uniform invoice number reflecting the
disposition of such part.
(B) Inspections of all essential parts shall be
conducted in accordance with Section 5-402.1.
(C) A separate entry containing all of the information

SB3642 - 1565 - LRB101 20589 WGH 70218 b
required to be recorded in subparagraph (A) of paragraph
(2) of subsection (a) of this Section shall be made for
each separate essential part. Separate entries shall be
made regardless of whether the part was a large purchase
acquisition. In addition, a separate entry shall be made
for each part acquired for immediate sale or transfer, or
for placement into the overall inventory or stock to be
disposed of at a later time, or for use on a vehicle to be
materially altered by the licensee, or acquired for any
other purpose or reason. Failure to make a separate entry
for each essential part acquired or disposed of, or a
failure to record any of the specific information required
to be recorded concerning the acquisition or disposition of
each essential part as set forth in subparagraph (A) of
paragraph (2) of subsection (a) shall constitute a failure
to keep records.
(D) The vehicle's manufacturer's identification number
or Secretary of State or Illinois Department of State
Police identification number for the essential part shall
be ascertained and recorded even if such part is acquired
from a person or dealer located in a State, territory, or
country which does not require that such information be
recorded. If the vehicle's manufacturer's identification
number or Secretary of State or Illinois Department of
State Police identification number for an essential part
cannot be obtained, that part shall not be acquired by the

SB3642 - 1566 - LRB101 20589 WGH 70218 b
licensee or any of his agents or employees. If such part or
parts were physically acquired by the licensee or any of
his agents or employees while the licensee or agent or
employee was outside this State, that licensee or agent or
employee was outside the State, that licensee, agent or
employee shall not bring such essential part into this
State or cause it to be brought into this State. The
acquisition or disposition of an essential part by a
licensee without the recording of the vehicle
identification number or Secretary of State identification
number for such part or the transportation into the State
by the licensee or his agent or employee of such part or
parts shall constitute a failure to keep records.
(E) The records of essential parts required to be kept
by this Section shall apply to all hulks, chassis, frames
or cowls, regardless of the age of those essential parts.
The records required to be kept by this Section for
essential parts other than hulks, chassis, frames or cowls,
shall apply only to those essential parts which are 6 model
years of age or newer. In determining the model year of
such an essential part it may be presumed that the
identification number of the vehicle from which the
essential part came or the identification number affixed to
the essential part itself acquired by the licensee denotes
the model year of that essential part. This presumption,
however, shall not apply if the gross appearance of the

SB3642 - 1567 - LRB101 20589 WGH 70218 b
essential part does not correspond to the year, make or
model of either the identification number of the vehicle
from which the essential part is alleged to have come or
the identification number which is affixed to the essential
part itself. To determine whether an essential part is 6
years of age or newer within this paragraph, the model year
of the essential part shall be subtracted from the calendar
year in which the essential part is acquired or disposed of
by the licensee. If the remainder is 6 or less, the record
of the acquisition or disposition of that essential part
shall be kept as required by this Section.
(F) The requirements of paragraph (2) of subsection (a)
of this Section shall not apply to the disposition of an
essential part other than a cowl which has been damaged or
altered to a state in which it can no longer be returned to
a usable condition and which is being sold or transferred
to a scrap processor or for delivery to a scrap processor.
(3) the following records for vehicles on which junking
certificates are obtained shall be kept:
(A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
Department of State Police identification number;
(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the

SB3642 - 1568 - LRB101 20589 WGH 70218 b
vehicle was acquired and, if that person is a dealer, the
Illinois or out-of-state dealer license number of that
person;
(E) the certificate of title number or salvage
certificate number for the vehicle, if applicable;
(F) the junking certificate number obtained by the
licensee; this entry shall be recorded at the close of
business of the fifth business day after receiving the
junking certificate;
(G) the name and address of the person to whom the
junking certificate has been assigned, if applicable, and
if that person is a dealer, the Illinois or out-of-state
dealer license number of that dealer;
(H) if the vehicle or any part of the vehicle is
dismantled for its parts to be disposed of in any way, or
if such parts are to be used by the licensee to materially
alter a vehicle, those essential parts shall be recorded
and the entries required by paragraph (2) of subsection (a)
shall be made.
(4) The following records for rebuilt vehicles shall be
kept:
(A) the year, make, model, style and color of the
vehicle;
(B) the vehicle's manufacturer's identification number
of the vehicle or, if applicable, the Secretary of State or
Illinois Department of State Police identification number;

SB3642 - 1569 - LRB101 20589 WGH 70218 b
(C) the date the vehicle was acquired;
(D) the name and address of the person from whom the
vehicle was acquired, and if that person is a dealer, the
Illinois or out-of-state dealer license number of that
person;
(E) the salvage certificate number for the vehicle;
(F) the newly issued certificate of title number for
the vehicle;
(G) the date of disposition of the vehicle;
(H) the name and address of the person to whom the
vehicle was disposed, and if a dealer, the Illinois or
out-of-state dealer license number of that dealer;
(I) The sale price of the vehicle.
(a-1) A person licensed or required to be licensed under
Section 5-101 or Section 5-102 of this Code who issues
temporary registration permits as permitted by this Code and by
rule must electronically file the registration with the
Secretary and must maintain records of the registration in the
manner prescribed by the Secretary.
(b) A failure to make separate entries for each vehicle
acquired, disposed of, or assigned, or a failure to record any
of the specific information required to be recorded concerning
the acquisition or disposition of each vehicle as set forth in
paragraphs (1), (3) and (4) of subsection (a) shall constitute
a failure to keep records.
(c) All entries relating to the acquisition of a vehicle or

SB3642 - 1570 - LRB101 20589 WGH 70218 b
essential part required by subsection (a) of this Section shall
be recorded no later than the close of business on the seventh
calendar day following such acquisition. All entries relating
to the disposition of a vehicle or an essential part shall be
made at the time of such disposition. If the vehicle or
essential part was disposed of on the same day as its
acquisition or the day thereafter, the entries relating to the
acquisition of the vehicle or essential part shall be made at
the time of the disposition of the vehicle or essential part.
Failure to make the entries required in or at the times
prescribed by this subsection following the acquisition or
disposition of such vehicle or essential part shall constitute
a failure to keep records.
(d) Every person licensed or required to be licensed shall,
before accepting delivery of a used vehicle, inspect the
vehicle to determine whether the manufacturer's public vehicle
identification number has been defaced, destroyed, falsified,
removed, altered, or tampered with in any way. If the person
making the inspection determines that the manufacturer's
public vehicle identification number has been altered,
removed, defaced, destroyed, falsified or tampered with he
shall not acquire that vehicle but instead shall promptly
notify law enforcement authorities of his finding.
(e) The information required to be kept in subsection (a)
of this Section shall be kept in a manner prescribed by rule or
regulation of the Secretary of State.

SB3642 - 1571 - LRB101 20589 WGH 70218 b
(f) Every person licensed or required to be licensed shall
have in his possession a separate certificate of title, salvage
certificate, junking certificate, certificate of purchase,
uniform invoice, out-of-state bill of sale or other acceptable
documentary evidence of his right to the possession of every
vehicle or essential part.
(g) Every person licensed or required to be licensed as a
transporter under Section 5-201 shall maintain for 3 years, in
such form as the Secretary of State may by rule or regulation
prescribe, at his principal place of business a record of every
vehicle transported by him, including numbers of or other marks
of identification thereof, the names and addresses of persons
from whom and to whom the vehicle was delivered and the dates
of delivery.
(h) No later than 15 days prior to going out of business,
selling the business, or transferring the ownership of the
business, the licensee shall notify the Secretary of State that
he is going out of business or that he is transferring the
ownership of the business. Failure to notify under this
paragraph shall constitute a failure to keep records.
(i) (Blank).
(j) A person who knowingly fails to comply with the
provisions of this Section or knowingly fails to obey, observe,
or comply with any order of the Secretary or any law
enforcement agency issued in accordance with this Section is
guilty of a Class B misdemeanor for the first violation and a

SB3642 - 1572 - LRB101 20589 WGH 70218 b
Class A misdemeanor for the second and subsequent violations.
Each violation constitutes a separate and distinct offense and
a separate count may be brought in the same indictment or
information for each vehicle or each essential part of a
vehicle for which a record was not kept as required by this
Section.
(k) Any person convicted of failing to keep the records
required by this Section with intent to conceal the identity or
origin of a vehicle or its essential parts or with intent to
defraud the public in the transfer or sale of vehicles or their
essential parts is guilty of a Class 2 felony. Each violation
constitutes a separate and distinct offense and a separate
count may be brought in the same indictment or information for
each vehicle or essential part of a vehicle for which a record
was not kept as required by this Section.
(l) A person may not be criminally charged with or
convicted of both a knowing failure to comply with this Section
and a knowing failure to comply with any order, if both
offenses involve the same record keeping violation.
(m) The Secretary shall adopt rules necessary for
implementation of this Section, which may include the
imposition of administrative fines.
(Source: P.A. 101-505, eff. 1-1-20.)
(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
Sec. 5-402.1. Use of Secretary of State Uniform Invoice for

SB3642 - 1573 - LRB101 20589 WGH 70218 b
Essential Parts.
(a) Except for scrap processors, every person licensed or
required to be licensed under Section 5-101, 5-101.1, 5-102,
5-102.8, or 5-301 of this Code shall issue, in a form the
Secretary of State may by rule or regulation prescribe, a
Uniform Invoice, which may also act as a bill of sale, made out
in triplicate with respect to each transaction in which he
disposes of an essential part other than quarter panels and
transmissions of vehicles of the first division. Such Invoice
shall be made out at the time of the disposition of the
essential part. If the licensee disposes of several essential
parts in the same transaction, the licensee may issue one
Uniform Invoice covering all essential parts disposed of in
that transaction.
(b) The following information shall be contained on the
Uniform Invoice:
(1) the business name, address and dealer license
number of the person disposing of the essential part;
(2) the name and address of the person acquiring the
essential part, and if that person is a dealer, the
Illinois or out-of-state dealer license number of that
dealer;
(3) the date of the disposition of the essential part;
(4) the year, make, model, color and description of
each essential part disposed of by the person;
(5) the manufacturer's vehicle identification number,

SB3642 - 1574 - LRB101 20589 WGH 70218 b
Secretary of State identification number or Illinois
Department of State Police identification number, for each
essential part disposed of by the person;
(6) the printed name and legible signature of the
person or agent disposing of the essential part; and
(7) if the person is a dealer the printed name and
legible signature of the dealer or his agent or employee
accepting delivery of the essential part.
(c) Except for scrap processors, and except as set forth in
subsection (d) of this Section, whenever a person licensed or
required to be licensed by Section 5-101, 5-101.1, 5-102, or
5-301 accepts delivery of an essential part, other than quarter
panels and transmissions of vehicles of the first division,
that person shall, at the time of the acceptance or delivery,
comply with the following procedures:
(1) Before acquiring or accepting delivery of any
essential part, the licensee or his authorized agent or
employee shall inspect the part to determine whether the
vehicle identification number, Secretary of State
identification number, Illinois Department of State Police
identification number, or identification plate or sticker
attached to or stamped on any part being acquired or
delivered has been removed, falsified, altered, defaced,
destroyed, or tampered with. If the licensee or his agent
or employee determines that the vehicle identification
number, Secretary of State identification number, Illinois

SB3642 - 1575 - LRB101 20589 WGH 70218 b
Department of State Police identification number,
identification plate or identification sticker containing
an identification number, or Federal Certificate label of
an essential part has been removed, falsified, altered,
defaced, destroyed or tampered with, the licensee or agent
shall not accept or receive that part.
If that part was physically acquired by or delivered to
a licensee or his agent or employee while that licensee,
agent or employee was outside this State, that licensee or
agent or employee shall not bring that essential part into
this State or cause it to be brought into this State.
(2) If the person disposing of or delivering the
essential part to the licensee is a licensed in-state or
out-of-state dealer, the licensee or his agent or employee,
after inspecting the essential part as required by
paragraph (1) of this subsection (c), shall examine the
Uniform Invoice, or bill of sale, as the case may be, to
ensure that it contains all the information required to be
provided by persons disposing of essential parts as set
forth in subsection (b) of this Section. If the Uniform
Invoice or bill of sale does not contain all the
information required to be listed by subsection (b) of this
Section, the dealer disposing of or delivering such part or
his agent or employee shall record such additional
information or other needed modifications on the Uniform
Invoice or bill of sale or, if needed, an attachment

SB3642 - 1576 - LRB101 20589 WGH 70218 b
thereto. The dealer or his agent or employee delivering the
essential part shall initial all additions or
modifications to the Uniform Invoice or bill of sale and
legibly print his name at the bottom of each document
containing his initials. If the transaction involves a bill
of sale rather than a Uniform Invoice, the licensee or his
agent or employee accepting delivery of or acquiring the
essential part shall affix his printed name and legible
signature on the space on the bill of sale provided for his
signature or, if no space is provided, on the back of the
bill of sale. If the dealer or his agent or employee
disposing of or delivering the essential part cannot or
does not provide all the information required by subsection
(b) of this Section, the licensee or his agent or employee
shall not accept or receive any essential part for which
that required information is not provided. If such
essential part for which the information required is not
fully provided was physically acquired while the licensee
or his agent or employee was outside this State, the
licensee or his agent or employee shall not bring that
essential part into this State or cause it to be brought
into this State.
(3) If the person disposing of the essential part is
not a licensed dealer, the licensee or his agent or
employee shall, after inspecting the essential part as
required by paragraph (1) of subsection (c) of this Section

SB3642 - 1577 - LRB101 20589 WGH 70218 b
verify the identity of the person disposing of the
essential part by examining 2 sources of identification,
one of which shall be either a driver's license or state
identification card. The licensee or his agent or employee
shall then prepare a Uniform Invoice listing all the
information required to be provided by subsection (b) of
this Section. In the space on the Uniform Invoice provided
for the dealer license number of the person disposing of
the part, the licensee or his agent or employee shall list
the numbers taken from the documents of identification
provided by the person disposing of the part. The person
disposing of the part shall affix his printed name and
legible signature on the space on the Uniform Invoice
provided for the person disposing of the essential part and
the licensee or his agent or employee acquiring the part
shall affix his printed name and legible signature on the
space provided on the Uniform Invoice for the person
acquiring the essential part. If the person disposing of
the essential part cannot or does not provide all the
information required to be provided by this paragraph, or
does not present 2 satisfactory forms of identification,
the licensee or his agent or employee shall not acquire
that essential part.
(d) If an essential part other than quarter panels and
transmissions of vehicles of the first division was delivered
by a licensed commercial delivery service delivering such part

SB3642 - 1578 - LRB101 20589 WGH 70218 b
on behalf of a licensed dealer, the person required to comply
with subsection (c) of this Section may conduct the inspection
of that part required by paragraph (1) of subsection (c) and
examination of the Uniform Invoice or bill of sale required by
paragraph (2) of subsection (c) of this Section immediately
after the acceptance of the part.
(1) If the inspection of the essential part pursuant to
paragraph (1) of subsection (c) reveals that the vehicle
identification number, Secretary of State identification
number, Illinois Department of State Police identification
number, identification plate or sticker containing an
identification number, or Federal Certificate label of an
essential part has been removed, falsified, altered,
defaced, destroyed or tampered with, the licensee or his
agent shall immediately record such fact on the Uniform
Invoice or bill of sale, assign the part an inventory or
stock number, place such inventory or stock number on both
the essential part and the Uniform Invoice or bill of sale,
and record the date of the inspection of the part on the
Uniform Invoice or bill of sale. The licensee shall, within
7 days of such inspection, return such part to the dealer
from whom it was acquired.
(2) If the examination of the Uniform Invoice or bill
of sale pursuant to paragraph (2) of subsection (c) reveals
that any of the information required to be listed by
subsection (b) of this Section is missing, the licensee or

SB3642 - 1579 - LRB101 20589 WGH 70218 b
person required to be licensed shall immediately assign a
stock or inventory number to such part, place such stock or
inventory number on both the essential part and the Uniform
Invoice or bill of sale, and record the date of examination
on the Uniform Invoice or bill of sale. The licensee or
person required to be licensed shall acquire the
information missing from the Uniform Invoice or bill of
sale within 7 days of the examination of such Uniform
Invoice or bill of sale. Such information may be received
by telephone conversation with the dealer from whom the
part was acquired. If the dealer provides the missing
information the licensee shall record such information on
the Uniform Invoice or bill of sale along with the name of
the person providing the information. If the dealer does
not provide the required information within the
aforementioned 7 day period, the licensee shall return the
part to that dealer.
(e) Except for scrap processors, all persons licensed or
required to be licensed who acquire or dispose of essential
parts other than quarter panels and transmissions of vehicles
of the first division shall retain a copy of the Uniform
Invoice required to be made by subsections (a), (b) and (c) of
this Section for a period of 3 years.
(f) Except for scrap processors, any person licensed or
required to be licensed under Sections 5-101, 5-102 or 5-301
who knowingly fails to record on a Uniform Invoice any of the

SB3642 - 1580 - LRB101 20589 WGH 70218 b
information or entries required to be recorded by subsections
(a), (b) and (c) of this Section, or who knowingly places false
entries or other misleading information on such Uniform
Invoice, or who knowingly fails to retain for 3 years a copy of
a Uniform Invoice reflecting transactions required to be
recorded by subsections (a), (b) and (c) of this Section, or
who knowingly acquires or disposes of essential parts without
receiving, issuing, or executing a Uniform Invoice reflecting
that transaction as required by subsections (a), (b) and (c) of
this Section, or who brings or causes to be brought into this
State essential parts for which the information required to be
recorded on a Uniform Invoice is not recorded as prohibited by
subsection (c) of this Section, or who knowingly fails to
comply with the provisions of this Section in any other manner
shall be guilty of a Class 2 felony. Each violation shall
constitute a separate and distinct offense and a separate count
may be brought in the same indictment or information for each
essential part for which a record was not kept as required by
this Section or for which the person failed to comply with
other provisions of this Section.
(g) The records required to be kept by this Section may be
examined by a person or persons making a lawful inspection of
the licensee's premises pursuant to Section 5-403.
(h) The records required to be kept by this Section shall
be retained by the licensee at his principal place of business
for a period of 7 years.

SB3642 - 1581 - LRB101 20589 WGH 70218 b
(i) The requirements of this Section shall not apply to the
disposition of an essential part other than a cowl which has
been damaged or altered to a state in which it can no longer be
returned to a usable condition and which is being sold or
transferred to a scrap processor or for delivery to a scrap
processor.
(Source: P.A. 101-505, eff. 1-1-20.)
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver
permit to those applicants who have met all the requirements of
the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois Department of State Police to conduct
fingerprint based criminal background checks on current and
future information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or

SB3642 - 1582 - LRB101 20589 WGH 70218 b
submitting proof of successful completion of the annual
refresher course. Individuals who on July 1, 1995 (the
effective date of Public Act 88-612) possess a valid school bus
driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall be
required to pay all related application and fingerprinting fees
as established by rule including, but not limited to, the
amounts established by the Illinois Department of State Police
and the Federal Bureau of Investigation to process fingerprint
based criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not been
revoked, suspended, or canceled for 3 years immediately
prior to the date of application, or have not had his or
her commercial motor vehicle driving privileges

SB3642 - 1583 - LRB101 20589 WGH 70218 b
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school bus
safety, and special traffic laws relating to school buses
and submit to a review of the applicant's driving habits by
the Secretary of State at the time the written test is
given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;
6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not subject
to such testing pursuant to federal law, conducted by a
licensed physician, a licensed advanced practice
registered nurse, or a licensed physician assistant within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she has
not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver safety
as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual

SB3642 - 1584 - LRB101 20589 WGH 70218 b
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;
10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or attempting
to commit any one or more of the following offenses: (i)
those offenses defined in Sections 8-1, 8-1.2, 9-1, 9-1.2,
9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2, 10-3.1, 10-4,
10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6, 11-9, 11-9.1,
11-9.1A, 11-9.3, 11-9.4, 11-9.4-1, 11-14, 11-14.1,
11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1,

SB3642 - 1585 - LRB101 20589 WGH 70218 b
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4, 12-4.1,
12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1, 12-7.3,
12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1, 12-15,
12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5, 12C-10,
12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3,
18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1,
24-1.1, 24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3,
24-3.5, 24-3.8, 24-3.9, 31A-1.1, 33A-2, and 33D-1, in
subsection (A), clauses (a) and (b), of Section 24-3, and
those offenses contained in Article 29D of the Criminal
Code of 1961 or the Criminal Code of 2012; (ii) those
offenses defined in the Cannabis Control Act except those
offenses defined in subsections (a) and (b) of Section 4,
and subsection (a) of Section 5 of the Cannabis Control
Act; (iii) those offenses defined in the Illinois
Controlled Substances Act; (iv) those offenses defined in
the Methamphetamine Control and Community Protection Act;
and (v) any offense committed or attempted in any other
state or against the laws of the United States, which if
committed or attempted in this State would be punishable as
one or more of the foregoing offenses; (vi) the offenses
defined in Section 4.1 and 5.1 of the Wrongs to Children
Act or Section 11-9.1A of the Criminal Code of 1961 or the

SB3642 - 1586 - LRB101 20589 WGH 70218 b
Criminal Code of 2012; (vii) those offenses defined in
Section 6-16 of the Liquor Control Act of 1934; and (viii)
those offenses defined in the Methamphetamine Precursor
Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
13. not have, through the unlawful operation of a motor
vehicle, caused an accident resulting in the death of any
person;
14. not have, within the last 5 years, been adjudged to
be afflicted with or suffering from any mental disability
or disease;
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State; and
16. not have been convicted of committing or attempting
to commit within the last 20 years: (i) an offense defined
in subsection (c) of Section 4, subsection (b) of Section
5, and subsection (a) of Section 8 of the Cannabis Control

SB3642 - 1587 - LRB101 20589 WGH 70218 b
Act; or (ii) any offenses in any other state or against the
laws of the United States that, if committed or attempted
in this State, would be punishable as one or more of the
foregoing offenses.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and
a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois Department of
State Police that are required for the criminal background
investigations. The employer shall certify in writing to the
Secretary of State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois Department of State Police and the submission of
necessary fingerprints to the Federal Bureau of Investigation
for criminal history information available through the Federal

SB3642 - 1588 - LRB101 20589 WGH 70218 b
Bureau of Investigation system. The applicant shall present the
certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal Bureau
of Investigation's criminal background investigation based
upon fingerprinting specimens submitted to the Federal Bureau
of Investigation by the Illinois Department of State Police.
The Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status upon
the applicant's successful completion of the Federal Bureau of
Investigation's criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state of
an offense that would make him or her ineligible for a permit
under subsection (a) of this Section. The written notification
shall be made within 5 days of the entry of the order of court
supervision or conviction. Failure of the permit holder to

SB3642 - 1589 - LRB101 20589 WGH 70218 b
provide the notification is punishable as a petty offense for a
first violation and a Class B misdemeanor for a second or
subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in compliance
with the provisions of subsection (a) of this Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the
permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of

SB3642 - 1590 - LRB101 20589 WGH 70218 b
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder failed to perform the
inspection procedure set forth in subsection (a) or (b) of
Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving notice
from the employer that the holder refused to submit to an
alcohol or drug test as required by Section 6-106.1c or has
submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on Drug
Abuse five-drug panel, utilizing federal standards set
forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the

SB3642 - 1591 - LRB101 20589 WGH 70218 b
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor who
violates a provision of this Section is subject to the
penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder has
been called to active duty. Upon notification pursuant to this
subsection, (i) the Secretary of State shall characterize the
permit as inactive until a permit holder renews the permit as
provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service

SB3642 - 1592 - LRB101 20589 WGH 70218 b
member returning from active duty must, within 90 days, renew a
permit characterized as inactive pursuant to subsection (h) of
this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or
reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the negligent
hiring or retention of a school bus driver permit holder.
(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
(625 ILCS 5/6-106.1a)
Sec. 6-106.1a. Cancellation of school bus driver permit;
trace of alcohol.
(a) A person who has been issued a school bus driver permit

SB3642 - 1593 - LRB101 20589 WGH 70218 b
by the Secretary of State in accordance with Section 6-106.1 of
this Code and who drives or is in actual physical control of a
school bus or any other vehicle owned or operated by or for a
public or private school, or a school operated by a religious
institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any activity
of the entities listed, upon the public highways of this State
shall be deemed to have given consent to a chemical test or
tests of blood, breath, other bodily substance, or urine for
the purpose of determining the alcohol content of the person's
blood if arrested, as evidenced by the issuance of a Uniform
Traffic Ticket for any violation of this Code or a similar
provision of a local ordinance, if a police officer has
probable cause to believe that the driver has consumed any
amount of an alcoholic beverage based upon evidence of the
driver's physical condition or other first hand knowledge of
the police officer. The test or tests shall be administered at
the direction of the arresting officer. The law enforcement
agency employing the officer shall designate which of the
aforesaid tests shall be administered. A urine or other bodily
substance test may be administered even after a blood or breath
test or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by

SB3642 - 1594 - LRB101 20589 WGH 70218 b
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
(1) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Illinois Department of State Police by an individual
possessing a valid permit issued by the Illinois Department
of State Police for this purpose. The Director of the
Illinois State Police is authorized to approve
satisfactory techniques or methods, to ascertain the
qualifications and competence of individuals to conduct
analyses, to issue permits that shall be subject to
termination or revocation at the direction of the Illinois
Department of State Police, and to certify the accuracy of
breath testing equipment. The Illinois Department of State
Police shall prescribe rules as necessary.
(2) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a licensed physician assistant, a licensed
advanced practice registered nurse, a registered nurse, or
other qualified person trained in venipuncture and acting
under the direction of a licensed physician may withdraw
blood for the purpose of determining the alcohol content.
This limitation does not apply to the taking of breath,

SB3642 - 1595 - LRB101 20589 WGH 70218 b
other bodily substance, or urine specimens.
(3) The person tested may have a physician, qualified
technician, chemist, registered nurse, or other qualified
person of his or her own choosing administer a chemical
test or tests in addition to any test or tests administered
at the direction of a law enforcement officer. The test
administered at the request of the person may be admissible
into evidence at a hearing conducted in accordance with
Section 2-118 of this Code. The failure or inability to
obtain an additional test by a person shall not preclude
the consideration of the previously performed chemical
test.
(4) Upon a request of the person who submits to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or that person's
attorney by the requesting law enforcement agency within 72
hours of receipt of the test result.
(5) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(6) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice registered nurse, registered nurse, or
other qualified person trained in venipuncture and acting

SB3642 - 1596 - LRB101 20589 WGH 70218 b
under the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol upon the specific request of a law enforcement
officer. However, that testing shall not be performed
until, in the opinion of the medical personnel on scene,
the withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided in
this Section shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration of
more than 0.00, may result in the loss of that person's
privilege to possess a school bus driver permit. The loss of
the individual's privilege to possess a school bus driver
permit shall be imposed in accordance with Section 6-106.1b of
this Code. A person requested to submit to a test under this
Section shall also acknowledge, in writing, receipt of the
warning required under this subsection (c). If the person
refuses to acknowledge receipt of the warning, the law
enforcement officer shall make a written notation on the
warning that the person refused to sign the warning. A person's
refusal to sign the warning shall not be evidence that the
person was not read the warning.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to

SB3642 - 1597 - LRB101 20589 WGH 70218 b
the Secretary of State on a form prescribed by the Secretary of
State certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person who has been
issued a school bus driver permit and who was operating a
school bus or any other vehicle owned or operated by or for a
public or private school, or a school operated by a religious
institution, when the vehicle is being used over a regularly
scheduled route for the transportation of persons enrolled as
students in grade 12 or below, in connection with any activity
of the entities listed, submits to testing under Section
11-501.1 of this Code and the testing discloses an alcohol
concentration of more than 0.00 and less than the alcohol
concentration at which driving or being in actual physical
control of a motor vehicle is prohibited under paragraph (1) of
subsection (a) of Section 11-501.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the school bus
driver permit sanction on the individual's driving record and
the sanction shall be effective on the 46th day following the
date notice of the sanction was given to the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this school bus driver permit
sanction on the person and the sanction shall be effective on

SB3642 - 1598 - LRB101 20589 WGH 70218 b
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood, other
bodily substance, or urine, the police officer or arresting
agency shall give notice as provided in this Section or by
deposit in the United States mail of that notice in an envelope
with postage prepaid and addressed to that person at his or her
last known address and the loss of the school bus driver permit
shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
school bus driver permit sanction to the driver and the
driver's current employer by mailing a notice of the effective
date of the sanction to the individual. However, shall the
sworn report be defective by not containing sufficient
information or be completed in error, the notice of the school
bus driver permit sanction may not be mailed to the person or
his current employer or entered to the driving record, but
rather the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this school bus driver permit
sanction by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she

SB3642 - 1599 - LRB101 20589 WGH 70218 b
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:
(1) whether the police officer had probable cause to
believe that the person was driving or in actual physical
control of a school bus or any other vehicle owned or
operated by or for a public or private school, or a school
operated by a religious institution, when the vehicle is
being used over a regularly scheduled route for the
transportation of persons enrolled as students in grade 12
or below, in connection with any activity of the entities
listed, upon the public highways of the State and the
police officer had reason to believe that the person was in
violation of any provision of this Code or a similar
provision of a local ordinance; and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of this Code or a similar
provision of a local ordinance; and
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an

SB3642 - 1600 - LRB101 20589 WGH 70218 b
alcoholic beverage based upon the driver's physical
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to possess a school bus driver
permit would be canceled if the person refused to submit to
and complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to possess a school bus driver
permit would be canceled if the person submits to a
chemical test or tests and the test or tests disclose an
alcohol concentration of more than 0.00 and the person did
submit to and complete the test or tests that determined an
alcohol concentration of more than 0.00; and
(6) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol in the performance of a religious service or
ceremony; and
(7) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol through ingestion of the prescribed or
recommended dosage of medicine.
The Secretary of State may adopt administrative rules
setting forth circumstances under which the holder of a school

SB3642 - 1601 - LRB101 20589 WGH 70218 b
bus driver permit is not required to appear in person at the
hearing.
Provided that the petitioner may subpoena the officer, the
hearing may be conducted upon a review of the law enforcement
officer's own official reports. Failure of the officer to
answer the subpoena shall be grounds for a continuance if, in
the hearing officer's discretion, the continuance is
appropriate. At the conclusion of the hearing held under
Section 2-118 of this Code, the Secretary of State may rescind,
continue, or modify the school bus driver permit sanction.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or
revocation of driving privileges under Section 11-501.1 of this
Code if other physical evidence or first hand knowledge forms
the basis of that suspension or revocation.
(g) This Section applies only to drivers who have been
issued a school bus driver permit in accordance with Section
6-106.1 of this Code at the time of the issuance of the Uniform
Traffic Ticket for a violation of this Code or a similar
provision of a local ordinance, and a chemical test request is

SB3642 - 1602 - LRB101 20589 WGH 70218 b
made under this Section.
(h) The action of the Secretary of State in suspending,
revoking, canceling, or denying any license, permit,
registration, or certificate of title shall be subject to
judicial review in the Circuit Court of Sangamon County or in
the Circuit Court of Cook County, and the provisions of the
Administrative Review Law and its rules are hereby adopted and
shall apply to and govern every action for the judicial review
of final acts or decisions of the Secretary of State under this
Section.
(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
100-513, eff. 1-1-18.)
(625 ILCS 5/6-107.5)
Sec. 6-107.5. Adult Driver Education Course.
(a) The Secretary shall establish by rule the curriculum
and designate the materials to be used in an adult driver
education course. The course shall be at least 6 hours in
length and shall include instruction on traffic laws; highway
signs, signals, and markings that regulate, warn, or direct
traffic; and issues commonly associated with motor vehicle
accidents including poor decision-making, risk taking,
impaired driving, distraction, speed, failure to use a safety
belt, driving at night, failure to yield the right-of-way,
texting while driving, using wireless communication devices,
and alcohol and drug awareness. The curriculum shall not

SB3642 - 1603 - LRB101 20589 WGH 70218 b
require the operation of a motor vehicle.
(b) The Secretary shall certify course providers. The
requirements to be a certified course provider, the process for
applying for certification, and the procedure for decertifying
a course provider shall be established by rule.
(b-5) In order to qualify for certification as an adult
driver education course provider, each applicant must
authorize an investigation that includes a fingerprint-based
background check to determine if the applicant has ever been
convicted of a criminal offense and, if so, the disposition of
any conviction. This authorization shall indicate the scope of
the inquiry and the agencies that may be contacted. Upon
receiving this authorization, the Secretary of State may
request and receive information and assistance from any
federal, State, or local governmental agency as part of the
authorized investigation. Each applicant shall submit his or
her fingerprints to the Illinois Department of State Police in
the form and manner prescribed by the Illinois Department of
State Police. These fingerprints shall be checked against
fingerprint records now and hereafter filed in the Illinois
Department of State Police and Federal Bureau of Investigation
criminal history record databases. The Illinois Department of
State Police shall charge applicants a fee for conducting the
criminal history record check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the State and national criminal history record check.

SB3642 - 1604 - LRB101 20589 WGH 70218 b
The Illinois Department of State Police shall furnish, pursuant
to positive identification, records of Illinois criminal
convictions to the Secretary and shall forward the national
criminal history record information to the Secretary.
Applicants shall pay any other fingerprint-related fees.
Unless otherwise prohibited by law, the information derived
from the investigation, including the source of the information
and any conclusions or recommendations derived from the
information by the Secretary of State, shall be provided to the
applicant upon request to the Secretary of State prior to any
final action by the Secretary of State on the application. Any
criminal conviction information obtained by the Secretary of
State shall be confidential and may not be transmitted outside
the Office of the Secretary of State, except as required by
this subsection (b-5), and may not be transmitted to anyone
within the Office of the Secretary of State except as needed
for the purpose of evaluating the applicant. At any
administrative hearing held under Section 2-118 of this Code
relating to the denial, cancellation, suspension, or
revocation of certification of an adult driver education course
provider, the Secretary of State may utilize at that hearing
any criminal history, criminal conviction, and disposition
information obtained under this subsection (b-5). The
information obtained from the investigation may be maintained
by the Secretary of State or any agency to which the
information was transmitted. Only information and standards

SB3642 - 1605 - LRB101 20589 WGH 70218 b
which bear a reasonable and rational relation to the
performance of providing adult driver education shall be used
by the Secretary of State. Any employee of the Secretary of
State who gives or causes to be given away any confidential
information concerning any criminal convictions or disposition
of criminal convictions of an applicant shall be guilty of a
Class A misdemeanor unless release of the information is
authorized by this Section.
(c) The Secretary may permit a course provider to offer the
course online, if the Secretary is satisfied the course
provider has established adequate procedures for verifying:
(1) the identity of the person taking the course
online; and
(2) the person completes the entire course.
(d) The Secretary shall establish a method of electronic
verification of a student's successful completion of the
course.
(e) The fee charged by the course provider must bear a
reasonable relationship to the cost of the course. The
Secretary shall post on the Secretary of State's website a list
of approved course providers, the fees charged by the
providers, and contact information for each provider.
(f) In addition to any other fee charged by the course
provider, the course provider shall collect a fee of $5 from
each student to offset the costs incurred by the Secretary in
administering this program. The $5 shall be submitted to the

SB3642 - 1606 - LRB101 20589 WGH 70218 b
Secretary within 14 days of the day on which it was collected.
All such fees received by the Secretary shall be deposited in
the Secretary of State Driver Services Administration Fund.
(Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15.)
(625 ILCS 5/6-112) (from Ch. 95 1/2, par. 6-112)
Sec. 6-112. License and Permits to be carried and exhibited
on demand. Every licensee or permittee shall have his drivers
license or permit in his immediate possession at all times when
operating a motor vehicle and, for the purpose of indicating
compliance with this requirement, shall display such license or
permit if it is in his possession upon demand made, when in
uniform or displaying a badge or other sign of authority, by a
member of the Illinois State Police, a sheriff or other police
officer or designated agent of the Secretary of State. However,
no person charged with violating this Section shall be
convicted if he produces in court satisfactory evidence that a
drivers license was theretofore theretofor issued to him and
was valid at the time of his arrest.
For the purposes of this Section, "display" means the
manual surrender of his license certificate into the hands of
the demanding officer for his inspection thereof.
(Source: P.A. 76-1749.)
(625 ILCS 5/6-402) (from Ch. 95 1/2, par. 6-402)
Sec. 6-402. Qualifications of driver training schools. In

SB3642 - 1607 - LRB101 20589 WGH 70218 b
order to qualify for a license to operate a driver training
school, each applicant must:
(a) be of good moral character;
(b) be at least 21 years of age;
(c) maintain an established place of business open to
the public which meets the requirements of Section 6-403
through 6-407;
(d) maintain bodily injury and property damage
liability insurance on motor vehicles while used in driving
instruction, insuring the liability of the driving school,
the driving instructors and any person taking instruction
in at least the following amounts: $50,000 for bodily
injury to or death of one person in any one accident and,
subject to said limit for one person, $100,000 for bodily
injury to or death of 2 or more persons in any one accident
and the amount of $10,000 for damage to property of others
in any one accident. Evidence of such insurance coverage in
the form of a certificate from the insurance carrier shall
be filed with the Secretary of State, and such certificate
shall stipulate that the insurance shall not be cancelled
except upon 10 days prior written notice to the Secretary
of State. The decal showing evidence of insurance shall be
affixed to the windshield of the vehicle;
(e) provide a continuous surety company bond in the
principal sum of $10,000 for a non-accredited school,
$40,000 for a CDL or teenage accredited school, $60,000 for

SB3642 - 1608 - LRB101 20589 WGH 70218 b
a CDL accredited and teenage accredited school, $50,000 for
a CDL or teenage accredited school with 3 or more licensed
branches, $70,000 for a CDL accredited and teenage
accredited school with 3 or more licensed branches for the
protection of the contractual rights of students in such
form as will meet with the approval of the Secretary of
State and written by a company authorized to do business in
this State. However, the aggregate liability of the surety
for all breaches of the condition of the bond in no event
shall exceed the principal sum of $10,000 for a
non-accredited school, $40,000 for a CDL or teenage
accredited school, $60,000 for a CDL accredited and teenage
accredited school, $50,000 for a CDL or teenage accredited
school with 3 or more licensed branches, $70,000 for a CDL
accredited and teenage accredited school with 3 or more
licensed branches. The surety on any such bond may cancel
such bond on giving 30 days notice thereof in writing to
the Secretary of State and shall be relieved of liability
for any breach of any conditions of the bond which occurs
after the effective date of cancellation;
(f) have the equipment necessary to the giving of
proper instruction in the operation of motor vehicles;
(g) have and use a business telephone listing for all
business purposes;
(h) pay to the Secretary of State an application fee of
$500 and $50 for each branch application; and

SB3642 - 1609 - LRB101 20589 WGH 70218 b
(i) authorize an investigation to include a
fingerprint based background check to determine if the
applicant has ever been convicted of a crime and if so, the
disposition of those convictions. The authorization shall
indicate the scope of the inquiry and the agencies that may
be contacted. Upon this authorization, the Secretary of
State may request and receive information and assistance
from any federal, State, or local governmental agency as
part of the authorized investigation. Each applicant shall
have his or her fingerprints submitted to the Illinois
Department of State Police in the form and manner
prescribed by the Illinois Department of State Police. The
fingerprints shall be checked against the Illinois
Department of State Police and Federal Bureau of
Investigation criminal history record information
databases. The Illinois Department of State Police shall
charge a fee for conducting the criminal history records
check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The applicant shall be required to pay all
related fingerprint fees including, but not limited to, the
amounts established by the Illinois Department of State
Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. The
Illinois Department of State Police shall provide
information concerning any criminal convictions and

SB3642 - 1610 - LRB101 20589 WGH 70218 b
disposition of criminal convictions brought against the
applicant upon request of the Secretary of State provided
that the request is made in the form and manner required by
the Illinois Department of the State Police. Unless
otherwise prohibited by law, the information derived from
the investigation including the source of the information
and any conclusions or recommendations derived from the
information by the Secretary of State shall be provided to
the applicant, or his designee, upon request to the
Secretary of State, prior to any final action by the
Secretary of State on the application. Any criminal
convictions and disposition information obtained by the
Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State,
except as required herein, and may not be transmitted to
anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating the applicant. At
any administrative hearing held under Section 2-118 of this
Code relating to the denial, cancellation, suspension, or
revocation of a driver training school license, the
Secretary of State is authorized to utilize at that hearing
any criminal histories, criminal convictions, and
disposition information obtained under this Section. The
information obtained from the investigation may be
maintained by the Secretary of State or any agency to which
the information was transmitted. Only information and

SB3642 - 1611 - LRB101 20589 WGH 70218 b
standards, which bear a reasonable and rational relation to
the performance of a driver training school owner, shall be
used by the Secretary of State. Any employee of the
Secretary of State who gives or causes to be given away any
confidential information concerning any criminal charges
or disposition of criminal charges of an applicant shall be
guilty of a Class A misdemeanor, unless release of the
information is authorized by this Section.
No license shall be issued under this Section to a person
who is a spouse, offspring, sibling, parent, grandparent,
grandchild, uncle or aunt, nephew or niece, cousin, or in-law
of the person whose license to do business at that location has
been revoked or denied or to a person who was an officer or
employee of a business firm that has had its license revoked or
denied, unless the Secretary of State is satisfied the
application was submitted in good faith and not for the purpose
or effect of defeating the intent of this Code.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10;
96-1062, eff. 7-14-10; 97-333, eff. 8-12-11; 97-835, eff.
7-20-12.)
(625 ILCS 5/6-411) (from Ch. 95 1/2, par. 6-411)
Sec. 6-411. Qualifications of Driver Training Instructors.
In order to qualify for a license as an instructor for a
driving school, an applicant must:
(a) Be of good moral character;

SB3642 - 1612 - LRB101 20589 WGH 70218 b
(b) Authorize an investigation to include a
fingerprint based background check to determine if the
applicant has ever been convicted of a crime and if so, the
disposition of those convictions; this authorization shall
indicate the scope of the inquiry and the agencies which
may be contacted. Upon this authorization the Secretary of
State may request and receive information and assistance
from any federal, state or local governmental agency as
part of the authorized investigation. Each applicant shall
submit his or her fingerprints to the Illinois Department
of State Police in the form and manner prescribed by the
Illinois Department of State Police. These fingerprints
shall be checked against the fingerprint records now and
hereafter filed in the Illinois Department of State Police
and Federal Bureau of Investigation criminal history
records databases. The Illinois Department of State Police
shall charge a fee for conducting the criminal history
records check, which shall be deposited in the State Police
Services Fund and shall not exceed the actual cost of the
records check. The applicant shall be required to pay all
related fingerprint fees including, but not limited to, the
amounts established by the Illinois Department of State
Police and the Federal Bureau of Investigation to process
fingerprint based criminal background investigations. The
Illinois Department of State Police shall provide
information concerning any criminal convictions, and their

SB3642 - 1613 - LRB101 20589 WGH 70218 b
disposition, brought against the applicant upon request of
the Secretary of State when the request is made in the form
and manner required by the Illinois Department of State
Police. Unless otherwise prohibited by law, the
information derived from this investigation including the
source of this information, and any conclusions or
recommendations derived from this information by the
Secretary of State shall be provided to the applicant, or
his designee, upon request to the Secretary of State, prior
to any final action by the Secretary of State on the
application. At any administrative hearing held under
Section 2-118 of this Code relating to the denial,
cancellation, suspension, or revocation of a driver
training school license, the Secretary of State is
authorized to utilize at that hearing any criminal
histories, criminal convictions, and disposition
information obtained under this Section. Any criminal
convictions and their disposition information obtained by
the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State,
except as required herein, and may not be transmitted to
anyone within the Office of the Secretary of State except
as needed for the purpose of evaluating the applicant. The
information obtained from this investigation may be
maintained by the Secretary of State or any agency to which
such information was transmitted. Only information and

SB3642 - 1614 - LRB101 20589 WGH 70218 b
standards which bear a reasonable and rational relation to
the performance of a driver training instructor shall be
used by the Secretary of State. Any employee of the
Secretary of State who gives or causes to be given away any
confidential information concerning any criminal charges
and their disposition of an applicant shall be guilty of a
Class A misdemeanor unless release of such information is
authorized by this Section;
(c) Pass such examination as the Secretary of State
shall require on (1) traffic laws, (2) safe driving
practices, (3) operation of motor vehicles, and (4)
qualifications of teacher;
(d) Be physically able to operate safely a motor
vehicle and to train others in the operation of motor
vehicles. An instructors license application must be
accompanied by a medical examination report completed by a
competent physician licensed to practice in the State of
Illinois;
(e) Hold a valid Illinois drivers license;
(f) Have graduated from an accredited high school after
at least 4 years of high school education or the
equivalent; and
(g) Pay to the Secretary of State an application and
license fee of $70.
If a driver training school class room instructor teaches
an approved driver education course, as defined in Section

SB3642 - 1615 - LRB101 20589 WGH 70218 b
1-103 of this Code, to students under 18 years of age, he or
she shall furnish to the Secretary of State a certificate
issued by the State Board of Education that the said instructor
is qualified and meets the minimum educational standards for
teaching driver education courses in the local public or
parochial school systems, except that no State Board of
Education certification shall be required of any instructor who
teaches exclusively in a commercial driving school. On and
after July 1, 1986, the existing rules and regulations of the
State Board of Education concerning commercial driving schools
shall continue to remain in effect but shall be administered by
the Secretary of State until such time as the Secretary of
State shall amend or repeal the rules in accordance with the
Illinois Administrative Procedure Act. Upon request, the
Secretary of State shall issue a certificate of completion to a
student under 18 years of age who has completed an approved
driver education course at a commercial driving school.
(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10; 97-835,
eff. 7-20-12.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL) -
qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State

SB3642 - 1616 - LRB101 20589 WGH 70218 b
or is applying for a non-domiciled CDL under Sections 6-509
and 6-510 of this Code. The Secretary shall cause to be
administered such tests as the Secretary deems necessary to
meet the requirements of 49 C.F.R. Part 383, subparts F, G,
H, and J.
(1.5) Effective July 1, 2014, no person shall be issued
an original CDL or an upgraded CDL that requires a skills
test unless that person has held a CLP, for a minimum of 14
calendar days, for the classification of vehicle and
endorsement, if any, for which the person is seeking a CDL.
(2) Third party testing. The Secretary of State may
authorize a "third party tester", pursuant to 49 C.F.R.
383.75 and 49 C.F.R. 384.228 and 384.229, to administer the
skills test or tests specified by the Federal Motor Carrier
Safety Administration pursuant to the Commercial Motor
Vehicle Safety Act of 1986 and any appropriate federal
rule.
(3)(i) Effective February 7, 2020, unless the person is
exempted by 49 CFR 380.603, no person shall be issued an
original (first time issuance) CDL, an upgraded CDL or a
school bus (S), passenger (P), or hazardous Materials (H)
endorsement unless the person has successfully completed
entry-level driver training (ELDT) taught by a training
provider listed on the federal Training Provider Registry.
(ii) Persons who obtain a CLP before February 7, 2020
are not required to complete ELDT if the person obtains a

SB3642 - 1617 - LRB101 20589 WGH 70218 b
CDL before the CLP or renewed CLP expires.
(iii) Except for persons seeking the H endorsement,
persons must complete the theory and behind-the-wheel
(range and public road) portions of ELDT within one year of
completing the first portion.
(iv) The Secretary shall adopt rules to implement this
subsection.
(b) Waiver of Skills Test. The Secretary of State may waive
the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 C.F.R. 383.77. The Secretary of State shall
waive the skills tests specified in this Section for a driver
applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 C.F.R. 383.77.
(b-1) No person shall be issued a CDL unless the person
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(c) Limitations on issuance of a CDL. A CDL shall not be
issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's

SB3642 - 1618 - LRB101 20589 WGH 70218 b
driver's license is suspended, revoked or cancelled in any
state, or any territory or province of Canada; nor may a CLP or
CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or vehicle
classification not present on the current CDL. No CDL shall be
issued to or renewed for a person who does not meet the
requirement of 49 CFR 391.41(b)(11). The requirement may be met
with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints to
the Illinois Department of State Police in the form and
manner prescribed by the Illinois Department of State
Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
Department of State Police and Federal Bureau of
Investigation criminal history records databases;
(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,

SB3642 - 1619 - LRB101 20589 WGH 70218 b
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a medical
examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6,
20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,

SB3642 - 1620 - LRB101 20589 WGH 70218 b
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in subsection
(b) of Section 8-1, and in subdivisions (a)(1), (a)(2),
(b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1) of
Section 12-3.05, and in subsection (a) and subsection (b),
clause (1), of Section 12-4, and in subsection (A), clauses
(a) and (b), of Section 24-3, and those offenses contained
in Article 29D of the Criminal Code of 1961 or the Criminal
Code of 2012; (ii) those offenses defined in the Cannabis
Control Act except those offenses defined in subsections
(a) and (b) of Section 4, and subsection (a) of Section 5
of the Cannabis Control Act; (iii) those offenses defined
in the Illinois Controlled Substances Act; (iv) those
offenses defined in the Methamphetamine Control and
Community Protection Act; (v) any offense committed or
attempted in any other state or against the laws of the
United States, which if committed or attempted in this
State would be punishable as one or more of the foregoing
offenses; (vi) the offenses defined in Sections 4.1 and 5.1
of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012; (vii)
those offenses defined in Section 6-16 of the Liquor
Control Act of 1934; and (viii) those offenses defined in
the Methamphetamine Precursor Control Act.
The Illinois Department of State Police shall charge a fee
for conducting the criminal history records check, which shall
be deposited into the State Police Services Fund and may not

SB3642 - 1621 - LRB101 20589 WGH 70218 b
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
(d) (Blank).
(Source: P.A. 101-185, eff. 1-1-20.)
(625 ILCS 5/8-115) (from Ch. 95 1/2, par. 8-115)
Sec. 8-115. Display of certificate-Enforcement. The
certificate issued pursuant to Section 8-114 shall be displayed
upon a window of the motor vehicle for which it was issued, in
such manner as to be visible to the passengers carried therein.
This Section and Section 8-114 shall be enforced by the
Illinois State Police, the Secretary of State, and other police
officers.
(Source: P.A. 82-433.)
(625 ILCS 5/11-212)
Sec. 11-212. Traffic and pedestrian stop statistical
study.
(a) Whenever a State or local law enforcement officer

SB3642 - 1622 - LRB101 20589 WGH 70218 b
issues a uniform traffic citation or warning citation for an
alleged violation of the Illinois Vehicle Code, he or she shall
record at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person stopped;
the person's race shall be selected from the following
list: American Indian or Alaska Native, Asian, Black or
African American, Hispanic or Latino, Native Hawaiian or
Other Pacific Islander, or White;
(2) the alleged traffic violation that led to the stop
of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the stop
was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to

SB3642 - 1623 - LRB101 20589 WGH 70218 b
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer stops
a motorist for an alleged violation of the Illinois Vehicle
Code and does not issue a uniform traffic citation or warning
citation for an alleged violation of the Illinois Vehicle Code,
he or she shall complete a uniform stop card, which includes
field contact cards, or any other existing form currently used
by law enforcement containing information required pursuant to
this Act, that records at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person stopped;
the person's race shall be selected from the following
list: American Indian or Alaska Native, Asian, Black or
African American, Hispanic or Latino, Native Hawaiian or
Other Pacific Islander, or White;
(2) the reason that led to the stop of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to

SB3642 - 1624 - LRB101 20589 WGH 70218 b
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the stop
was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b-5) For purposes of this subsection (b-5), "detention"
means all frisks, searches, summons, and arrests. Whenever a
law enforcement officer subjects a pedestrian to detention in a
public place, he or she shall complete a uniform pedestrian
stop card, which includes any existing form currently used by
law enforcement containing all the information required under

SB3642 - 1625 - LRB101 20589 WGH 70218 b
this Section, that records at least the following:
(1) the gender, and the officer's subjective
determination of the race of the person stopped; the
person's race shall be selected from the following list:
American Indian or Alaska Native, Asian, Black or African
American, Hispanic or Latino, Native Hawaiian or Other
Pacific Islander, or White;
(2) all the alleged reasons that led to the stop of the
person;
(3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
conducted of the person; and, if so, all the alleged
reasons that led to the protective pat down or frisk, and
whether it was with consent or by other means;
(6) whether or not contraband was found during the
protective pat down or frisk; and, if so, the type and
amount of contraband seized;
(7) whether or not a search beyond a protective pat
down or frisk was conducted of the person or his or her
effects; and, if so, all the alleged reasons that led to
the search, and whether it was with consent or by other
means;
(8) whether or not contraband was found during the
search beyond a protective pat down or frisk; and, if so,
the type and amount of contraband seized;

SB3642 - 1626 - LRB101 20589 WGH 70218 b
(9) the disposition of the stop, such as a warning, a
ticket, a summons, or an arrest;
(10) if a summons or ticket was issued, or an arrest
made, a record of the violations, offenses, or crimes
alleged or charged; and
(11) the name and badge number of the officer who
conducted the detention.
This subsection (b-5) does not apply to searches or
inspections for compliance authorized under the Fish and
Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
or searches or inspections during routine security screenings
at facilities or events.
(c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form on
its website.
(d) Every law enforcement agency shall, by March 1 with
regard to data collected during July through December of the
previous calendar year and by August 1 with regard to data
collected during January through June of the current calendar
year, compile the data described in subsections (a), (b), and
(b-5) on the standardized law enforcement data compilation form
provided by the Illinois Department of Transportation and
transmit the data to the Department.
(e) The Illinois Department of Transportation shall
analyze the data provided by law enforcement agencies required
by this Section and submit a report of the previous year's

SB3642 - 1627 - LRB101 20589 WGH 70218 b
findings to the Governor, the General Assembly, the Racial
Profiling Prevention and Data Oversight Board, and each law
enforcement agency no later than July 1 of each year. The
Illinois Department of Transportation may contract with an
outside entity for the analysis of the data provided. In
analyzing the data collected under this Section, the analyzing
entity shall scrutinize the data for evidence of statistically
significant aberrations. The following list, which is
illustrative, and not exclusive, contains examples of areas in
which statistically significant aberrations may be found:
(1) The percentage of minority drivers, passengers, or
pedestrians being stopped in a given area is substantially
higher than the proportion of the overall population in or
traveling through the area that the minority constitutes.
(2) A substantial number of false stops including stops
not resulting in the issuance of a traffic ticket or the
making of an arrest.
(3) A disparity between the proportion of citations
issued to minorities and proportion of minorities in the
population.
(4) A disparity among the officers of the same law
enforcement agency with regard to the number of minority
drivers, passengers, or pedestrians being stopped in a
given area.
(5) A disparity between the frequency of searches
performed on minority drivers or pedestrians and the

SB3642 - 1628 - LRB101 20589 WGH 70218 b
frequency of searches performed on non-minority drivers or
pedestrians.
(f) Any law enforcement officer identification information
and driver or pedestrian identification information that is
compiled by any law enforcement agency or the Illinois
Department of Transportation pursuant to this Act for the
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and copying,
as provided under Section 7 of the Freedom of Information Act,
and the information shall not be transmitted to anyone except
as needed to comply with this Section. This Section shall not
exempt those materials that, prior to the effective date of
this amendatory Act of the 93rd General Assembly, were
available under the Freedom of Information Act. This subsection
(f) shall not preclude law enforcement agencies from reviewing
data to perform internal reviews.
(g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as directed
by the Governor.
(h) The Illinois Criminal Justice Information Authority,
in consultation with law enforcement agencies, officials, and
organizations, including Illinois chiefs of police, the
Illinois Department of State Police, the Illinois Sheriffs
Association, and the Chicago Police Department, and community
groups and other experts, shall undertake a study to determine
the best use of technology to collect, compile, and analyze the

SB3642 - 1629 - LRB101 20589 WGH 70218 b
traffic stop statistical study data required by this Section.
The Department shall report its findings and recommendations to
the Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and
Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to determine
the best use of technology to collect, compile, and analyze
the traffic stop statistical study data required by this
Section.
(2) The Task Force shall be an independent Task Force
under the Illinois Criminal Justice Information Authority
for administrative purposes, and shall consist of the
following members:
(A) 2 academics or researchers who have studied
issues related to traffic or pedestrian stop data
collection and have education or expertise in
statistics;
(B) one professor from an Illinois university who
specializes in policing and racial equity;
(C) one representative from the Illinois State
Police;
(D) one representative from the Chicago Police
Department;
(E) one representative from the Illinois Chiefs of
Police;
(F) one representative from the Illinois Sheriffs

SB3642 - 1630 - LRB101 20589 WGH 70218 b
Association;
(G) one representative from the Chicago Fraternal
Order of Police;
(H) one representative from the Illinois Fraternal
Order of Police;
(I) the Executive Director of the American Civil
Liberties Union of Illinois, or his or her designee;
and
(J) 5 representatives from different community
organizations who specialize in civil or human rights,
policing, or criminal justice reform work, and that
represent a range of minority interests or different
parts of the State.
(3) The Illinois Criminal Justice Information
Authority may consult, contract, work in conjunction with,
and obtain any information from any individual, agency,
association, or research institution deemed appropriate by
the Authority.
(4) The Task Force shall report its findings and
recommendations to the Governor and the General Assembly by
March 1, 2022 and every 3 years after.
(h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.

SB3642 - 1631 - LRB101 20589 WGH 70218 b
(2) "Asian" means a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(2.5) "Badge" means an officer's department issued
identification number associated with his or her position
as a police officer with that department.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa. Terms
such as "Haitian" or "Negro" can be used in addition to
"Black or African American".
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of the
original peoples of Europe, the Middle East, or North
Africa.
(i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19.)
(625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
Sec. 11-416. Furnishing copies - Fees. The Illinois

SB3642 - 1632 - LRB101 20589 WGH 70218 b
Department of State Police may furnish copies of an Illinois
State Police Traffic Accident Report that has been investigated
by the Illinois State Police and shall be paid a fee of $5 for
each such copy, or in the case of an accident which was
investigated by an accident reconstruction officer or accident
reconstruction team, a fee of $20 shall be paid. These fees
shall be deposited into the State Police Services Fund.
Other State law enforcement agencies or law enforcement
agencies of local authorities may furnish copies of traffic
accident reports prepared by such agencies and may receive a
fee not to exceed $5 for each copy or in the case of an accident
which was investigated by an accident reconstruction officer or
accident reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20.
Any written accident report required or requested to be
furnished the Administrator shall be provided without cost or
fee charges authorized under this Section or any other
provision of law.
(Source: P.A. 101-571, eff. 8-23-19.)
(625 ILCS 5/11-501.01)
Sec. 11-501.01. Additional administrative sanctions.
(a) After a finding of guilt and prior to any final
sentencing or an order for supervision, for an offense based
upon an arrest for a violation of Section 11-501 or a similar
provision of a local ordinance, individuals shall be required

SB3642 - 1633 - LRB101 20589 WGH 70218 b
to undergo a professional evaluation to determine if an
alcohol, drug, or intoxicating compound abuse problem exists
and the extent of the problem, and undergo the imposition of
treatment as appropriate. Programs conducting these
evaluations shall be licensed by the Department of Human
Services. The cost of any professional evaluation shall be paid
for by the individual required to undergo the professional
evaluation.
(b) Any person who is found guilty of or pleads guilty to
violating Section 11-501, including any person receiving a
disposition of court supervision for violating that Section,
may be required by the Court to attend a victim impact panel
offered by, or under contract with, a county State's Attorney's
office, a probation and court services department, Mothers
Against Drunk Driving, or the Alliance Against Intoxicated
Motorists. All costs generated by the victim impact panel shall
be paid from fees collected from the offender or as may be
determined by the court.
(c) (Blank).
(d) The Secretary of State shall revoke the driving
privileges of any person convicted under Section 11-501 or a
similar provision of a local ordinance.
(e) The Secretary of State shall require the use of
ignition interlock devices for a period not less than 5 years
on all vehicles owned by a person who has been convicted of a
second or subsequent offense of Section 11-501 or a similar

SB3642 - 1634 - LRB101 20589 WGH 70218 b
provision of a local ordinance. The person must pay to the
Secretary of State DUI Administration Fund an amount not to
exceed $30 for each month that he or she uses the device. The
Secretary shall establish by rule and regulation the procedures
for certification and use of the interlock system, the amount
of the fee, and the procedures, terms, and conditions relating
to these fees. During the time period in which a person is
required to install an ignition interlock device under this
subsection (e), that person shall only operate vehicles in
which ignition interlock devices have been installed, except as
allowed by subdivision (c)(5) or (d)(5) of Section 6-205 of
this Code.
(f) (Blank).
(g) The Secretary of State Police DUI Fund is created as a
special fund in the State treasury and, subject to
appropriation, shall be used for enforcement and prevention of
driving while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination
thereof, as defined by Section 11-501 of this Code, including,
but not limited to, the purchase of law enforcement equipment
and commodities to assist in the prevention of alcohol-related
criminal violence throughout the State; police officer
training and education in areas related to alcohol-related
crime, including, but not limited to, DUI training; and police
officer salaries, including, but not limited to, salaries for
hire back funding for safety checkpoints, saturation patrols,

SB3642 - 1635 - LRB101 20589 WGH 70218 b
and liquor store sting operations.
(h) Whenever an individual is sentenced for an offense
based upon an arrest for a violation of Section 11-501 or a
similar provision of a local ordinance, and the professional
evaluation recommends remedial or rehabilitative treatment or
education, neither the treatment nor the education shall be the
sole disposition and either or both may be imposed only in
conjunction with another disposition. The court shall monitor
compliance with any remedial education or treatment
recommendations contained in the professional evaluation.
Programs conducting alcohol or other drug evaluation or
remedial education must be licensed by the Department of Human
Services. If the individual is not a resident of Illinois,
however, the court may accept an alcohol or other drug
evaluation or remedial education program in the individual's
state of residence. Programs providing treatment must be
licensed under existing applicable alcoholism and drug
treatment licensure standards.
(i) (Blank).
(j) A person that is subject to a chemical test or tests of
blood under subsection (a) of Section 11-501.1 or subdivision
(c)(2) of Section 11-501.2 of this Code, whether or not that
person consents to testing, shall be liable for the expense up
to $500 for blood withdrawal by a physician authorized to
practice medicine, a licensed physician assistant, a licensed
advanced practice registered nurse, a registered nurse, a

SB3642 - 1636 - LRB101 20589 WGH 70218 b
trained phlebotomist, a licensed paramedic, or a qualified
person other than a police officer approved by the Illinois
Department of State Police to withdraw blood, who responds,
whether at a law enforcement facility or a health care
facility, to a police department request for the drawing of
blood based upon refusal of the person to submit to a lawfully
requested breath test or probable cause exists to believe the
test would disclose the ingestion, consumption, or use of drugs
or intoxicating compounds if:
(1) the person is found guilty of violating Section
11-501 of this Code or a similar provision of a local
ordinance; or
(2) the person pleads guilty to or stipulates to facts
supporting a violation of Section 11-503 of this Code or a
similar provision of a local ordinance when the plea or
stipulation was the result of a plea agreement in which the
person was originally charged with violating Section
11-501 of this Code or a similar local ordinance.
(Source: P.A. 100-513, eff. 1-1-18; 100-987, eff. 7-1-19;
101-81, eff. 7-12-19.)
(625 ILCS 5/11-501.2) (from Ch. 95 1/2, par. 11-501.2)
Sec. 11-501.2. Chemical and other tests.
(a) Upon the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as defined
in Section 11-501 or a similar local ordinance or proceedings

SB3642 - 1637 - LRB101 20589 WGH 70218 b
pursuant to Section 2-118.1, evidence of the concentration of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof in a person's blood or
breath at the time alleged, as determined by analysis of the
person's blood, urine, breath, or other bodily substance, shall
be admissible. Where such test is made the following provisions
shall apply:
1. Chemical analyses of the person's blood, urine,
breath, or other bodily substance to be considered valid
under the provisions of this Section shall have been
performed according to standards promulgated by the
Illinois Department of State Police by a licensed
physician, registered nurse, trained phlebotomist,
licensed paramedic, or other individual possessing a valid
permit issued by that Department for this purpose. The
Director of the Illinois State Police is authorized to
approve satisfactory techniques or methods, to ascertain
the qualifications and competence of individuals to
conduct such analyses, to issue permits which shall be
subject to termination or revocation at the discretion of
that Department and to certify the accuracy of breath
testing equipment. The Illinois Department of State Police
shall prescribe regulations as necessary to implement this
Section.
2. When a person in this State shall submit to a blood
test at the request of a law enforcement officer under the

SB3642 - 1638 - LRB101 20589 WGH 70218 b
provisions of Section 11-501.1, only a physician
authorized to practice medicine, a licensed physician
assistant, a licensed advanced practice registered nurse,
a registered nurse, trained phlebotomist, or licensed
paramedic, or other qualified person approved by the
Illinois Department of State Police may withdraw blood for
the purpose of determining the alcohol, drug, or alcohol
and drug content therein. This limitation shall not apply
to the taking of breath, other bodily substance, or urine
specimens.
When a blood test of a person who has been taken to an
adjoining state for medical treatment is requested by an
Illinois law enforcement officer, the blood may be
withdrawn only by a physician authorized to practice
medicine in the adjoining state, a licensed physician
assistant, a licensed advanced practice registered nurse,
a registered nurse, a trained phlebotomist acting under the
direction of the physician, or licensed paramedic. The law
enforcement officer requesting the test shall take custody
of the blood sample, and the blood sample shall be analyzed
by a laboratory certified by the Illinois Department of
State Police for that purpose.
3. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to any administered at

SB3642 - 1639 - LRB101 20589 WGH 70218 b
the direction of a law enforcement officer. The failure or
inability to obtain an additional test by a person shall
not preclude the admission of evidence relating to the test
or tests taken at the direction of a law enforcement
officer.
4. Upon the request of the person who shall submit to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or such person's
attorney.
5. Alcohol concentration shall mean either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
6. Tetrahydrocannabinol concentration means either 5
nanograms or more of delta-9-tetrahydrocannabinol per
milliliter of whole blood or 10 nanograms or more of
delta-9-tetrahydrocannabinol per milliliter of other
bodily substance.
(a-5) Law enforcement officials may use validated roadside
chemical tests or standardized field sobriety tests approved by
the National Highway Traffic Safety Administration when
conducting investigations of a violation of Section 11-501 or
similar local ordinance by drivers suspected of driving under
the influence of cannabis. The General Assembly finds that (i)
validated roadside chemical tests are effective means to
determine if a person is under the influence of cannabis and

SB3642 - 1640 - LRB101 20589 WGH 70218 b
(ii) standardized field sobriety tests approved by the National
Highway Traffic Safety Administration are divided attention
tasks that are intended to determine if a person is under the
influence of cannabis. The purpose of these tests is to
determine the effect of the use of cannabis on a person's
capacity to think and act with ordinary care and therefore
operate a motor vehicle safely. Therefore, the results of these
validated roadside chemical tests and standardized field
sobriety tests, appropriately administered, shall be
admissible in the trial of any civil or criminal action or
proceeding arising out of an arrest for a cannabis-related
offense as defined in Section 11-501 or a similar local
ordinance or proceedings under Section 2-118.1 or 2-118.2.
Where a test is made the following provisions shall apply:
1. The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of their own choosing administer a
chemical test or tests in addition to the standardized
field sobriety test or tests administered at the direction
of a law enforcement officer. The failure or inability to
obtain an additional test by a person does not preclude the
admission of evidence relating to the test or tests taken
at the direction of a law enforcement officer.
2. Upon the request of the person who shall submit to
validated roadside chemical tests or a standardized field
sobriety test or tests at the request of a law enforcement

SB3642 - 1641 - LRB101 20589 WGH 70218 b
officer, full information concerning the test or tests
shall be made available to the person or the person's
attorney.
3. At the trial of any civil or criminal action or
proceeding arising out of an arrest for an offense as
defined in Section 11-501 or a similar local ordinance or
proceedings under Section 2-118.1 or 2-118.2 in which the
results of these validated roadside chemical tests or
standardized field sobriety tests are admitted, the person
may present and the trier of fact may consider evidence
that the person lacked the physical capacity to perform the
validated roadside chemical tests or standardized field
sobriety tests.
(b) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, the concentration
of alcohol in the person's blood or breath at the time alleged
as shown by analysis of the person's blood, urine, breath, or
other bodily substance shall give rise to the following
presumptions:
1. If there was at that time an alcohol concentration
of 0.05 or less, it shall be presumed that the person was
not under the influence of alcohol.
2. If there was at that time an alcohol concentration
in excess of 0.05 but less than 0.08, such facts shall not

SB3642 - 1642 - LRB101 20589 WGH 70218 b
give rise to any presumption that the person was or was not
under the influence of alcohol, but such fact may be
considered with other competent evidence in determining
whether the person was under the influence of alcohol.
3. If there was at that time an alcohol concentration
of 0.08 or more, it shall be presumed that the person was
under the influence of alcohol.
4. The foregoing provisions of this Section shall not
be construed as limiting the introduction of any other
relevant evidence bearing upon the question whether the
person was under the influence of alcohol.
(b-5) Upon the trial of any civil or criminal action or
proceeding arising out of acts alleged to have been committed
by any person while driving or in actual physical control of a
vehicle while under the influence of alcohol, other drug or
drugs, intoxicating compound or compounds or any combination
thereof, the concentration of cannabis in the person's whole
blood or other bodily substance at the time alleged as shown by
analysis of the person's blood or other bodily substance shall
give rise to the following presumptions:
1. If there was a tetrahydrocannabinol concentration
of 5 nanograms or more in whole blood or 10 nanograms or
more in an other bodily substance as defined in this
Section, it shall be presumed that the person was under the
influence of cannabis.
2. If there was at that time a tetrahydrocannabinol

SB3642 - 1643 - LRB101 20589 WGH 70218 b
concentration of less than 5 nanograms in whole blood or
less than 10 nanograms in an other bodily substance, such
facts shall not give rise to any presumption that the
person was or was not under the influence of cannabis, but
such fact may be considered with other competent evidence
in determining whether the person was under the influence
of cannabis.
(c) 1. If a person under arrest refuses to submit to a
chemical test under the provisions of Section 11-501.1,
evidence of refusal shall be admissible in any civil or
criminal action or proceeding arising out of acts alleged to
have been committed while the person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof was driving or in actual
physical control of a motor vehicle.
2. Notwithstanding any ability to refuse under this Code to
submit to these tests or any ability to revoke the implied
consent to these tests, if a law enforcement officer has
probable cause to believe that a motor vehicle driven by or in
actual physical control of a person under the influence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof has caused the death or
personal injury to another, the law enforcement officer shall
request, and that person shall submit, upon the request of a
law enforcement officer, to a chemical test or tests of his or
her blood, breath, other bodily substance, or urine for the

SB3642 - 1644 - LRB101 20589 WGH 70218 b
purpose of determining the alcohol content thereof or the
presence of any other drug or combination of both.
This provision does not affect the applicability of or
imposition of driver's license sanctions under Section
11-501.1 of this Code.
3. For purposes of this Section, a personal injury includes
any Type A injury as indicated on the traffic accident report
completed by a law enforcement officer that requires immediate
professional attention in either a doctor's office or a medical
facility. A Type A injury includes severe bleeding wounds,
distorted extremities, and injuries that require the injured
party to be carried from the scene.
(d) If a person refuses validated roadside chemical tests
or standardized field sobriety tests under Section 11-501.9 of
this Code, evidence of refusal shall be admissible in any civil
or criminal action or proceeding arising out of acts committed
while the person was driving or in actual physical control of a
vehicle and alleged to have been impaired by the use of
cannabis.
(e) Illinois Department of State Police compliance with the
changes in this amendatory Act of the 99th General Assembly
concerning testing of other bodily substances and
tetrahydrocannabinol concentration by Illinois Department of
State Police laboratories is subject to appropriation and until
the Illinois Department of State Police adopt standards and
completion validation. Any laboratories that test for the

SB3642 - 1645 - LRB101 20589 WGH 70218 b
presence of cannabis or other drugs under this Article, the
Snowmobile Registration and Safety Act, or the Boat
Registration and Safety Act must comply with ISO/IEC
17025:2005.
(Source: P.A. 100-513, eff. 1-1-18; 101-27, eff. 6-25-19.)
(625 ILCS 5/11-501.4-1)
Sec. 11-501.4-1. Reporting of test results of blood, other
bodily substance, or urine conducted in the regular course of
providing emergency medical treatment.
(a) Notwithstanding any other provision of law, the results
of blood, other bodily substance, or urine tests performed for
the purpose of determining the content of alcohol, other drug
or drugs, or intoxicating compound or compounds, or any
combination thereof, in an individual's blood, other bodily
substance, or urine conducted upon persons receiving medical
treatment in a hospital emergency room for injuries resulting
from a motor vehicle accident shall be disclosed to the
Illinois Department of State Police or local law enforcement
agencies of jurisdiction, upon request. Such blood, other
bodily substance, or urine tests are admissible in evidence as
a business record exception to the hearsay rule only in
prosecutions for any violation of Section 11-501 of this Code
or a similar provision of a local ordinance, or in prosecutions
for reckless homicide brought under the Criminal Code of 1961
or the Criminal Code of 2012.

SB3642 - 1646 - LRB101 20589 WGH 70218 b
(b) The confidentiality provisions of law pertaining to
medical records and medical treatment shall not be applicable
with regard to tests performed upon an individual's blood,
other bodily substance, or urine under the provisions of
subsection (a) of this Section. No person shall be liable for
civil damages or professional discipline as a result of the
disclosure or reporting of the tests or the evidentiary use of
an individual's blood, other bodily substance, or urine test
results under this Section or Section 11-501.4 or as a result
of that person's testimony made available under this Section or
Section 11-501.4, except for willful or wanton misconduct.
(Source: P.A. 99-697, eff. 7-29-16.)
(625 ILCS 5/11-501.5) (from Ch. 95 1/2, par. 11-501.5)
Sec. 11-501.5. Preliminary Breath Screening Test.
(a) If a law enforcement officer has reasonable suspicion
to believe that a person is violating or has violated Section
11-501 or a similar provision of a local ordinance, the
officer, prior to an arrest, may request the person to provide
a sample of his or her breath for a preliminary breath
screening test using a portable device approved by the Illinois
Department of State Police. The person may refuse the test. The
results of this preliminary breath screening test may be used
by the law enforcement officer for the purpose of assisting
with the determination of whether to require a chemical test as
authorized under Sections 11-501.1 and 11-501.2, and the

SB3642 - 1647 - LRB101 20589 WGH 70218 b
appropriate type of test to request. Any chemical test
authorized under Sections 11-501.1 and 11-501.2 may be
requested by the officer regardless of the result of the
preliminary breath screening test, if probable cause for an
arrest exists. The result of a preliminary breath screening
test may be used by the defendant as evidence in any
administrative or court proceeding involving a violation of
Section 11-501 or 11-501.1.
(b) The Illinois Department of State Police shall create a
pilot program to establish the effectiveness of pupillometer
technology (the measurement of the pupil's reaction to light)
as a noninvasive technique to detect and measure possible
impairment of any person who drives or is in actual physical
control of a motor vehicle resulting from the suspected usage
of alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof. This technology shall
also be used to detect fatigue levels of the operator of a
Commercial Motor Vehicle as defined in Section 6-500(6),
pursuant to Section 18b-105 (Part 395-Hours of Service of
Drivers) of the Illinois Vehicle Code. A State Police officer
may request that the operator of a commercial motor vehicle
have his or her eyes examined or tested with a pupillometer
device. The person may refuse the examination or test. The
State Police officer shall have the device readily available to
limit undue delays.
If a State Police officer has reasonable suspicion to

SB3642 - 1648 - LRB101 20589 WGH 70218 b
believe that a person is violating or has violated Section
11-501, the officer may use the pupillometer technology, when
available. The officer, prior to an arrest, may request the
person to have his or her eyes examined or tested with a
pupillometer device. The person may refuse the examination or
test. The results of this examination or test may be used by
the officer for the purpose of assisting with the determination
of whether to require a chemical test as authorized under
Sections 11-501.1 and 11-501.2 and the appropriate type of test
to request. Any chemical test authorized under Sections
11-501.1 and 11-501.2 may be requested by the officer
regardless of the result of the pupillometer examination or
test, if probable cause for an arrest exists. The result of the
examination or test may be used by the defendant as evidence in
any administrative or court proceeding involving a violation of
11-501 or 11-501.1.
The pilot program shall last for a period of 18 months and
involve the testing of 15 pupillometer devices. Within 90 days
of the completion of the pilot project, the Illinois Department
of State Police shall file a report with the President of the
Senate and Speaker of the House evaluating the project.
(Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00; 92-16,
eff. 6-28-01.)
(625 ILCS 5/11-501.6) (from Ch. 95 1/2, par. 11-501.6)
Sec. 11-501.6. Driver involvement in personal injury or

SB3642 - 1649 - LRB101 20589 WGH 70218 b
fatal motor vehicle accident; chemical test.
(a) Any person who drives or is in actual control of a
motor vehicle upon the public highways of this State and who
has been involved in a personal injury or fatal motor vehicle
accident, shall be deemed to have given consent to a breath
test using a portable device as approved by the Illinois
Department of State Police or to a chemical test or tests of
blood, breath, other bodily substance, or urine for the purpose
of determining the content of alcohol, other drug or drugs, or
intoxicating compound or compounds of such person's blood if
arrested as evidenced by the issuance of a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a
similar provision of a local ordinance, with the exception of
equipment violations contained in Chapter 12 of this Code, or
similar provisions of local ordinances. The test or tests shall
be administered at the direction of the arresting officer. The
law enforcement agency employing the officer shall designate
which of the aforesaid tests shall be administered. Up to 2
additional tests of urine or other bodily substance may be
administered even after a blood or breath test or both has been
administered. Compliance with this Section does not relieve
such person from the requirements of Section 11-501.1 of this
Code.
(b) Any person who is dead, unconscious or who is otherwise
in a condition rendering such person incapable of refusal shall
be deemed not to have withdrawn the consent provided by

SB3642 - 1650 - LRB101 20589 WGH 70218 b
subsection (a) of this Section. In addition, if a driver of a
vehicle is receiving medical treatment as a result of a motor
vehicle accident, any physician licensed to practice medicine,
licensed physician assistant, licensed advanced practice
registered nurse, registered nurse or a phlebotomist acting
under the direction of a licensed physician shall withdraw
blood for testing purposes to ascertain the presence of
alcohol, other drug or drugs, or intoxicating compound or
compounds, upon the specific request of a law enforcement
officer. However, no such testing shall be performed until, in
the opinion of the medical personnel on scene, the withdrawal
can be made without interfering with or endangering the
well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test, or submission to
the test resulting in an alcohol concentration of 0.08 or more,
or testing discloses the presence of cannabis as listed in the
Cannabis Control Act with a tetrahydrocannabinol concentration
as defined in paragraph 6 of subsection (a) of Section 11-501.2
of this Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection

SB3642 - 1651 - LRB101 20589 WGH 70218 b
Act as detected in such person's blood, other bodily substance,
or urine, may result in the suspension of such person's
privilege to operate a motor vehicle. If the person is also a
CDL holder, he or she shall be warned by the law enforcement
officer requesting the test that a refusal to submit to the
test, or submission to the test resulting in an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis, as covered by the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or
methamphetamine as listed in the Methamphetamine Control and
Community Protection Act as detected in the person's blood,
other bodily substance, or urine, may result in the
disqualification of the person's privilege to operate a
commercial motor vehicle, as provided in Section 6-514 of this
Code. The length of the suspension shall be the same as
outlined in Section 6-208.1 of this Code regarding statutory
summary suspensions.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under
this Section. If the person refuses to acknowledge receipt of
the warning, the law enforcement officer shall make a written
notation on the warning that the person refused to sign the
warning. A person's refusal to sign the warning shall not be

SB3642 - 1652 - LRB101 20589 WGH 70218 b
evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.08 or more, the
presence of cannabis as listed in the Cannabis Control Act with
a tetrahydrocannabinol concentration as defined in paragraph 6
of subsection (a) of Section 11-501.2 of this Code, or any
amount of a drug, substance, or intoxicating compound in such
person's blood or urine resulting from the unlawful use or
consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection
Act, the law enforcement officer shall immediately submit a
sworn report to the Secretary of State on a form prescribed by
the Secretary, certifying that the test or tests were requested
under subsection (a) and the person refused to submit to a test
or tests or submitted to testing which disclosed an alcohol
concentration of 0.08 or more, the presence of cannabis as
listed in the Cannabis Control Act with a tetrahydrocannabinol
concentration as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of this Code, or any amount of a drug,
substance, or intoxicating compound in such person's blood,
other bodily substance, or urine, resulting from the unlawful
use or consumption of a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or

SB3642 - 1653 - LRB101 20589 WGH 70218 b
methamphetamine as listed in the Methamphetamine Control and
Community Protection Act. If the person is also a CDL holder
and refuses testing or submits to a test which discloses an
alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's blood,
other bodily substance, or urine resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary,
certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in such person's blood,
other bodily substance, or urine, resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall enter the suspension and

SB3642 - 1654 - LRB101 20589 WGH 70218 b
disqualification to the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and such suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases involving a person who is not a CDL holder where
the blood alcohol concentration of 0.08 or more, or blood
testing discloses the presence of cannabis as listed in the
Cannabis Control Act with a tetrahydrocannabinol concentration
as defined in paragraph 6 of subsection (a) of Section 11-501.2
of this Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection
Act, is established by a subsequent analysis of blood, other
bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section
or by deposit in the United States mail of such notice in an
envelope with postage prepaid and addressed to such person at
his or her address as shown on the Uniform Traffic Ticket and
the suspension shall be effective on the 46th day following the

SB3642 - 1655 - LRB101 20589 WGH 70218 b
date notice was given.
In cases involving a person who is a CDL holder where the
blood alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis as listed in the
Cannabis Control Act, a controlled substance listed in the
Illinois Controlled Substances Act, an intoxicating compound
listed in the Use of Intoxicating Compounds Act, or
methamphetamine as listed in the Methamphetamine Control and
Community Protection Act, is established by a subsequent
analysis of blood, other bodily substance, or urine collected
at the time of arrest, the arresting officer shall give notice
as provided in this Section or by deposit in the United States
mail of such notice in an envelope with postage prepaid and
addressed to the person at his or her address as shown on the
Uniform Traffic Ticket and the suspension and disqualification
shall be effective on the 46th day following the date notice
was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary shall also give notice of the suspension
and disqualification to the driver by mailing a notice of the
effective date of the suspension and disqualification to the
individual. However, should the sworn report be defective by
not containing sufficient information or be completed in error,
the notice of the suspension and disqualification shall not be
mailed to the person or entered to the driving record, but

SB3642 - 1656 - LRB101 20589 WGH 70218 b
rather the sworn report shall be returned to the issuing law
enforcement agency.
(e) A driver may contest this suspension of his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the
Secretary in accordance with Section 2-118 of this Code. At the
conclusion of a hearing held under Section 2-118 of this Code,
the Secretary may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary does not
rescind the orders of suspension and disqualification, a
restricted driving permit may be granted by the Secretary upon
application being made and good cause shown. A restricted
driving permit may be granted to relieve undue hardship to
allow driving for employment, educational, and medical
purposes as outlined in Section 6-206 of this Code. The
provisions of Section 6-206 of this Code shall apply. In
accordance with 49 C.F.R. 384, the Secretary of State may not
issue a restricted driving permit for the operation of a
commercial motor vehicle to a person holding a CDL whose
driving privileges have been suspended, revoked, cancelled, or
disqualified.
(f) (Blank).
(g) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the traffic
accident report completed by a law enforcement officer that
requires immediate professional attention in either a doctor's

SB3642 - 1657 - LRB101 20589 WGH 70218 b
office or a medical facility. A type A injury shall include
severely bleeding wounds, distorted extremities, and injuries
that require the injured party to be carried from the scene.
(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
100-513, eff. 1-1-18.)
(625 ILCS 5/11-501.8)
Sec. 11-501.8. Suspension of driver's license; persons
under age 21.
(a) A person who is less than 21 years of age and who
drives or is in actual physical control of a motor vehicle upon
the public highways of this State shall be deemed to have given
consent to a chemical test or tests of blood, breath, other
bodily substance, or urine for the purpose of determining the
alcohol content of the person's blood if arrested, as evidenced
by the issuance of a Uniform Traffic Ticket for any violation
of the Illinois Vehicle Code or a similar provision of a local
ordinance, if a police officer has probable cause to believe
that the driver has consumed any amount of an alcoholic
beverage based upon evidence of the driver's physical condition
or other first hand knowledge of the police officer. The test
or tests shall be administered at the direction of the
arresting officer. The law enforcement agency employing the
officer shall designate which of the aforesaid tests shall be
administered. Up to 2 additional tests of urine or other bodily
substance may be administered even after a blood or breath test

SB3642 - 1658 - LRB101 20589 WGH 70218 b
or both has been administered.
(b) A person who is dead, unconscious, or who is otherwise
in a condition rendering that person incapable of refusal,
shall be deemed not to have withdrawn the consent provided by
paragraph (a) of this Section and the test or tests may be
administered subject to the following provisions:
(i) Chemical analysis of the person's blood, urine,
breath, or other bodily substance, to be considered valid
under the provisions of this Section, shall have been
performed according to standards promulgated by the
Illinois Department of State Police by an individual
possessing a valid permit issued by that Department for
this purpose. The Director of the Illinois State Police is
authorized to approve satisfactory techniques or methods,
to ascertain the qualifications and competence of
individuals to conduct analyses, to issue permits that
shall be subject to termination or revocation at the
direction of that Department, and to certify the accuracy
of breath testing equipment. The Illinois Department of
State Police shall prescribe regulations as necessary.
(ii) When a person submits to a blood test at the
request of a law enforcement officer under the provisions
of this Section, only a physician authorized to practice
medicine, a licensed physician assistant, a licensed
advanced practice registered nurse, a registered nurse, or
other qualified person trained in venipuncture and acting

SB3642 - 1659 - LRB101 20589 WGH 70218 b
under the direction of a licensed physician may withdraw
blood for the purpose of determining the alcohol content
therein. This limitation does not apply to the taking of
breath, other bodily substance, or urine specimens.
(iii) The person tested may have a physician, qualified
technician, chemist, registered nurse, or other qualified
person of his or her own choosing administer a chemical
test or tests in addition to any test or tests administered
at the direction of a law enforcement officer. The failure
or inability to obtain an additional test by a person shall
not preclude the consideration of the previously performed
chemical test.
(iv) Upon a request of the person who submits to a
chemical test or tests at the request of a law enforcement
officer, full information concerning the test or tests
shall be made available to the person or that person's
attorney.
(v) Alcohol concentration means either grams of
alcohol per 100 milliliters of blood or grams of alcohol
per 210 liters of breath.
(vi) If a driver is receiving medical treatment as a
result of a motor vehicle accident, a physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice registered nurse, registered nurse, or
other qualified person trained in venipuncture and acting
under the direction of a licensed physician shall withdraw

SB3642 - 1660 - LRB101 20589 WGH 70218 b
blood for testing purposes to ascertain the presence of
alcohol upon the specific request of a law enforcement
officer. However, that testing shall not be performed
until, in the opinion of the medical personnel on scene,
the withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person requested to submit to a test as provided
above shall be warned by the law enforcement officer requesting
the test that a refusal to submit to the test, or submission to
the test resulting in an alcohol concentration of more than
0.00, may result in the loss of that person's privilege to
operate a motor vehicle and may result in the disqualification
of the person's privilege to operate a commercial motor
vehicle, as provided in Section 6-514 of this Code, if the
person is a CDL holder. The loss of driving privileges shall be
imposed in accordance with Section 6-208.2 of this Code.
A person requested to submit to a test shall also
acknowledge, in writing, receipt of the warning required under
this Section. If the person refuses to acknowledge receipt of
the warning, the law enforcement officer shall make a written
notation on the warning that the person refused to sign the
warning. A person's refusal to sign the warning shall not be
evidence that the person was not read the warning.
(d) If the person refuses testing or submits to a test that
discloses an alcohol concentration of more than 0.00, the law
enforcement officer shall immediately submit a sworn report to

SB3642 - 1661 - LRB101 20589 WGH 70218 b
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) and the person refused to submit to a test or
tests or submitted to testing which disclosed an alcohol
concentration of more than 0.00. The law enforcement officer
shall submit the same sworn report when a person under the age
of 21 submits to testing under Section 11-501.1 of this Code
and the testing discloses an alcohol concentration of more than
0.00 and less than 0.08.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification on the individual's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person. If this suspension is the individual's first
driver's license suspension under this Section, reports
received by the Secretary of State under this Section shall,
except during the time the suspension is in effect, be
privileged information and for use only by the courts, police
officers, prosecuting authorities, the Secretary of State, or
the individual personally, unless the person is a CDL holder,
is operating a commercial motor vehicle or vehicle required to
be placarded for hazardous materials, in which case the
suspension shall not be privileged. Reports received by the
Secretary of State under this Section shall also be made
available to the parent or guardian of a person under the age

SB3642 - 1662 - LRB101 20589 WGH 70218 b
of 18 years that holds an instruction permit or a graduated
driver's license, regardless of whether the suspension is in
effect.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and the suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases where the blood alcohol concentration of more than
0.00 is established by a subsequent analysis of blood, other
bodily substance, or urine, the police officer or arresting
agency shall give notice as provided in this Section or by
deposit in the United States mail of that notice in an envelope
with postage prepaid and addressed to that person at his last
known address and the loss of driving privileges shall be
effective on the 46th day following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the driver by mailing a
notice of the effective date of the suspension and
disqualification to the individual. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and
disqualification shall not be mailed to the person or entered
to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A driver may contest this suspension and

SB3642 - 1663 - LRB101 20589 WGH 70218 b
disqualification by requesting an administrative hearing with
the Secretary of State in accordance with Section 2-118 of this
Code. An individual whose blood alcohol concentration is shown
to be more than 0.00 is not subject to this Section if he or she
consumed alcohol in the performance of a religious service or
ceremony. An individual whose blood alcohol concentration is
shown to be more than 0.00 shall not be subject to this Section
if the individual's blood alcohol concentration resulted only
from ingestion of the prescribed or recommended dosage of
medicine that contained alcohol. The petition for that hearing
shall not stay or delay the effective date of the impending
suspension. The scope of this hearing shall be limited to the
issues of:
(1) whether the police officer had probable cause to
believe that the person was driving or in actual physical
control of a motor vehicle upon the public highways of the
State and the police officer had reason to believe that the
person was in violation of any provision of the Illinois
Vehicle Code or a similar provision of a local ordinance;
and
(2) whether the person was issued a Uniform Traffic
Ticket for any violation of the Illinois Vehicle Code or a
similar provision of a local ordinance; and
(3) whether the police officer had probable cause to
believe that the driver had consumed any amount of an
alcoholic beverage based upon the driver's physical

SB3642 - 1664 - LRB101 20589 WGH 70218 b
actions or other first-hand knowledge of the police
officer; and
(4) whether the person, after being advised by the
officer that the privilege to operate a motor vehicle would
be suspended if the person refused to submit to and
complete the test or tests, did refuse to submit to or
complete the test or tests to determine the person's
alcohol concentration; and
(5) whether the person, after being advised by the
officer that the privileges to operate a motor vehicle
would be suspended if the person submits to a chemical test
or tests and the test or tests disclose an alcohol
concentration of more than 0.00, did submit to and complete
the test or tests that determined an alcohol concentration
of more than 0.00; and
(6) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol in the performance of a religious service or
ceremony; and
(7) whether the test result of an alcohol concentration
of more than 0.00 was based upon the person's consumption
of alcohol through ingestion of the prescribed or
recommended dosage of medicine.
At the conclusion of the hearing held under Section 2-118
of this Code, the Secretary of State may rescind, continue, or
modify the suspension and disqualification. If the Secretary of

SB3642 - 1665 - LRB101 20589 WGH 70218 b
State does not rescind the suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship by allowing driving for employment, educational, and
medical purposes as outlined in item (3) of part (c) of Section
6-206 of this Code. The provisions of item (3) of part (c) of
Section 6-206 of this Code and of subsection (f) of that
Section shall apply. The Secretary of State shall promulgate
rules providing for participation in an alcohol education and
awareness program or activity, a drug education and awareness
program or activity, or both as a condition to the issuance of
a restricted driving permit for suspensions imposed under this
Section.
(f) The results of any chemical testing performed in
accordance with subsection (a) of this Section are not
admissible in any civil or criminal proceeding, except that the
results of the testing may be considered at a hearing held
under Section 2-118 of this Code. However, the results of the
testing may not be used to impose driver's license sanctions
under Section 11-501.1 of this Code. A law enforcement officer
may, however, pursue a statutory summary suspension or
revocation of driving privileges under Section 11-501.1 of this
Code if other physical evidence or first hand knowledge forms
the basis of that suspension or revocation.
(g) This Section applies only to drivers who are under age

SB3642 - 1666 - LRB101 20589 WGH 70218 b
21 at the time of the issuance of a Uniform Traffic Ticket for
a violation of the Illinois Vehicle Code or a similar provision
of a local ordinance, and a chemical test request is made under
this Section.
(h) The action of the Secretary of State in suspending,
revoking, cancelling, or disqualifying any license or permit
shall be subject to judicial review in the Circuit Court of
Sangamon County or in the Circuit Court of Cook County, and the
provisions of the Administrative Review Law and its rules are
hereby adopted and shall apply to and govern every action for
the judicial review of final acts or decisions of the Secretary
of State under this Section.
(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
100-513, eff. 1-1-18.)
(625 ILCS 5/11-501.10)
(Section scheduled to be repealed on July 1, 2021)
Sec. 11-501.10. DUI Cannabis Task Force.
(a) The DUI Cannabis Task Force is hereby created to study
the issue of driving under the influence of cannabis. The Task
Force shall consist of the following members:
(1) The Director of the Illinois State Police, or his
or her designee, who shall serve as chair;
(2) The Secretary of State, or his or her designee;
(3) The President of the Illinois State's Attorneys
Association, or his or her designee;

SB3642 - 1667 - LRB101 20589 WGH 70218 b
(4) The President of the Illinois Association of
Criminal Defense Lawyers, or his or her designee;
(5) One member appointed by the Speaker of the House of
Representatives;
(6) One member appointed by the Minority Leader of the
House of Representatives;
(7) One member appointed by the President of the
Senate;
(8) One member appointed by the Minority Leader of the
Senate;
(9) One member of an organization dedicated to end
drunk driving and drugged driving;
(10) The president of a statewide bar association,
appointed by the Governor;
(11) One member of a statewide organization
representing civil and constitutional rights, appointed by
the Governor;
(12) One member of a statewide association
representing chiefs of police, appointed by the Governor;
and
(13) One member of a statewide association
representing sheriffs, appointed by the Governor.
(b) The members of the Task Force shall serve without
compensation.
(c) The Task Force shall examine best practices in the area
of driving under the influence of cannabis enforcement,

SB3642 - 1668 - LRB101 20589 WGH 70218 b
including examining emerging technology in roadside testing.
(d) The Task Force shall meet no fewer than 3 times and
shall present its report and recommendations on improvements to
enforcement of driving under the influence of cannabis, in
electronic format, to the Governor and the General Assembly no
later than July 1, 2020.
(e) The Illinois Department of State Police shall provide
administrative support to the Task Force as needed. The
Sentencing Policy Advisory Council shall provide data on
driving under the influence of cannabis offenses and other data
to the Task Force as needed.
(f) This Section is repealed on July 1, 2021.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(625 ILCS 5/11-605.1)
Sec. 11-605.1. Special limit while traveling through a
highway construction or maintenance speed zone.
(a) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are present.
(a-5) A person may not operate a motor vehicle in a
construction or maintenance speed zone at a speed in excess of
the posted speed limit when workers are not present.
(b) Nothing in this Chapter prohibits the use of electronic
speed-detecting devices within 500 feet of signs within a
construction or maintenance speed zone indicating the zone, as

SB3642 - 1669 - LRB101 20589 WGH 70218 b
defined in this Section, nor shall evidence obtained by use of
those devices be inadmissible in any prosecution for speeding,
provided the use of the device shall apply only to the
enforcement of the speed limit in the construction or
maintenance speed zone.
(c) As used in this Section, a "construction or maintenance
speed zone" is an area in which the Department, Toll Highway
Authority, or local agency has posted signage advising drivers
that a construction or maintenance speed zone is being
approached, or in which the Department, Authority, or local
agency has posted a lower speed limit with a highway
construction or maintenance speed zone special speed limit sign
after determining that the preexisting established speed limit
through a highway construction or maintenance project is
greater than is reasonable or safe with respect to the
conditions expected to exist in the construction or maintenance
speed zone.
If it is determined that the preexisting established speed
limit is safe with respect to the conditions expected to exist
in the construction or maintenance speed zone, additional speed
limit signs which conform to the requirements of this
subsection (c) shall be posted.
Highway construction or maintenance speed zone special
speed limit signs shall be of a design approved by the
Department. The signs must give proper due warning that a
construction or maintenance speed zone is being approached and

SB3642 - 1670 - LRB101 20589 WGH 70218 b
must indicate the maximum speed limit in effect. The signs also
must state the amount of the minimum fine for a violation.
(d) Except as provided under subsection (d-5), a person who
violates this Section is guilty of a petty offense. Violations
of this Section are punishable with a minimum fine of $250 for
the first violation and a minimum fine of $750 for the second
or subsequent violation.
(d-5) A person committing a violation of this Section is
guilty of aggravated special speed limit while traveling
through a highway construction or maintenance speed zone when
he or she drives a motor vehicle at a speed that is:
(1) 26 miles per hour or more but less than 35 miles
per hour in excess of the applicable special speed limit
established under this Section or a similar provision of a
local ordinance and is guilty of a Class B misdemeanor; or
(2) 35 miles per hour or more in excess of the
applicable special speed limit established under this
Section or a similar provision of a local ordinance and is
guilty of a Class A misdemeanor.
(e) (Blank).
(e-5) The Illinois Department of State Police and the local
county police department have concurrent jurisdiction over any
violation of this Section that occurs on an interstate highway.
(f) The Transportation Safety Highway Hire-back Fund,
which was created by Public Act 92-619, shall continue to be a
special fund in the State treasury. Subject to appropriation by

SB3642 - 1671 - LRB101 20589 WGH 70218 b
the General Assembly and approval by the Secretary, the
Secretary of Transportation shall use all moneys in the
Transportation Safety Highway Hire-back Fund to hire off-duty
Illinois Department of State Police officers to monitor
construction or maintenance zones.
(f-5) Each county shall create a Transportation Safety
Highway Hire-back Fund. The county shall use the moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways. The county, in its discretion, may also use a portion
of the moneys in its Transportation Safety Highway Hire-back
Fund to purchase equipment for county law enforcement and fund
the production of materials to educate drivers on construction
zone safe driving habits.
(g) For a second or subsequent violation of this Section
within 2 years of the date of the previous violation, the
Secretary of State shall suspend the driver's license of the
violator for a period of 90 days. This suspension shall only be
imposed if the current violation of this Section and at least
one prior violation of this Section occurred during a period
when workers were present in the construction or maintenance
zone.
(Source: P.A. 99-212, eff. 1-1-16; 99-280, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-987, eff. 7-1-19.)

SB3642 - 1672 - LRB101 20589 WGH 70218 b
(625 ILCS 5/11-907.1)
(Section scheduled to be repealed on January 1, 2022)
Sec. 11-907.1. Move Over Task Force.
(a) The Move Over Task Force is created to study the issue
of violations of Sections 11-907, 11-907.5, and 11-908 with
particular attention to the causes of violations and ways to
protect law enforcement and emergency responders.
(b) The membership of the Task Force shall consist of the
following members:
(1) the Director of the Illinois State Police or his or
her designee, who shall serve as chair;
(2) the Governor or his or her designee;
(3) the Secretary of State or his or her designee;
(4) the Secretary of Transportation or his or her
designee;
(5) the Director of the Illinois Toll Highway Authority
or his or her designee;
(6) the President of the Illinois State's Attorneys
Association or his or her designee;
(7) the President of the Illinois Association of Chiefs
of Police or his or her designee;
(8) the President of the Illinois Sheriffs'
Association or his or her designee;
(9) the President of the Illinois Fraternal Order of
Police or his or her designee;
(10) the President of the Associated Fire Fighters of

SB3642 - 1673 - LRB101 20589 WGH 70218 b
Illinois or his or her designee;
(11) one member appointed by the Speaker of the House
of Representatives;
(12) one member appointed by the Minority Leader of the
House of Representatives;
(13) one member appointed by the President of the
Senate;
(14) one member appointed by the Minority Leader of the
Senate; and
(15) the following persons appointed by the Governor:
(A) 2 representatives of different statewide
trucking associations;
(B) one representative of a Chicago area motor
club;
(C) one representative of a Chicago area transit
safety alliance;
(D) one representative of a statewide press
association;
(E) one representative of a statewide broadcast
association;
(F) one representative of a statewide towing
organization;
(G) the chief of police of a municipality with a
population under 25,000;
(H) one representative of a statewide organization
representing chiefs of police; and

SB3642 - 1674 - LRB101 20589 WGH 70218 b
(I) one representative of the solid waste
management industry; and
(J) one representative from a bona fide labor
organization representing certified road flaggers and
other road construction workers.
(c) The members of the Task Force shall serve without
compensation.
(d) The Task Force shall meet no fewer than 3 times and
shall present its report and recommendations, including
legislative recommendations, if any, on how to better enforce
Scott's Law and prevent fatalities on Illinois roadways to the
General Assembly no later than January 1, 2021.
(e) The Illinois Department of State Police shall provide
administrative support to the Task Force as needed.
(f) This Section is repealed on January 1, 2022.
(Source: P.A. 101-174, eff. 1-1-20; 101-606, eff. 12-13-19.)
(625 ILCS 5/12-612)
Sec. 12-612. False or secret compartment in a vehicle.
(a) Offenses. It is unlawful for any person:
(1) to own or operate with criminal intent any vehicle
he or she knows to contain a false or secret compartment
that is used or has been used to conceal a firearm as
prohibited by paragraph (a)(4) of Section 24-1 or paragraph
(a)(1) of Section 24-1.6 of the Criminal Code of 2012, or
controlled substance as prohibited by the Illinois

SB3642 - 1675 - LRB101 20589 WGH 70218 b
Controlled Substances Act or the Methamphetamine Control
and Community Protection Act; or
(2) to install, create, build, or fabricate in any
vehicle a false or secret compartment knowing that another
person intends to use the compartment to conceal a firearm
as prohibited by paragraph (a)(4) of Section 24-1 of the
Criminal Code of 2012, or controlled substance as
prohibited by the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act.
(b) Definitions. For purposes of this Section:
(1) "False or secret compartment" means an enclosure
integrated into a vehicle that is a modification of the
vehicle as built by the original manufacturer.
(2) "Vehicle" means any of the following vehicles
without regard to whether the vehicles are private or
commercial, including, but not limited to, cars, trucks,
buses, aircraft, and watercraft.
(c) Forfeiture. Any vehicle containing a false or secret
compartment used in violation of this Section, as well as any
items within that compartment, shall be subject to seizure by
the Illinois Department of State Police or by any municipal or
other local law enforcement agency within whose jurisdiction
that property is found as provided in Sections 36-1 and 36-2 of
the Criminal Code of 2012 (720 ILCS 5/36-1 and 5/36-2). The
removal of the false or secret compartment from the vehicle, or
the promise to do so, shall not be the basis for a defense to

SB3642 - 1676 - LRB101 20589 WGH 70218 b
forfeiture of the motor vehicle under Section 36-2 of the
Criminal Code of 2012 and shall not be the basis for the court
to release the vehicle to the owner.
(d) Sentence. A violation of this Section is a Class 4
felony. The sentence imposed for violation of this Section
shall be served consecutively to any other sentence imposed in
connection with the firearm, controlled substance, or other
contraband concealed in the false or secret compartment.
(e) For purposes of this Section, a new owner is not
responsible for any conduct that occurred or knowledge of
conduct that occurred prior to transfer of title.
(Source: P.A. 96-202, eff. 1-1-10; 97-1150, eff. 1-25-13.)
(625 ILCS 5/13-109.1)
Sec. 13-109.1. Annual emission inspection tests;
standards; penalties; funds.
(a) For each diesel powered vehicle that (i) is registered
for a gross weight of more than 16,000 pounds, (ii) is
registered within an affected area, and (iii) is a 2 year or
older model year, an annual emission inspection test shall be
conducted at an official testing station certified by the
Illinois Department of Transportation to perform diesel
emission inspections pursuant to the standards set forth in
subsection (b) of this Section. This annual emission inspection
test may be conducted in conjunction with a semi-annual safety
test.

SB3642 - 1677 - LRB101 20589 WGH 70218 b
(a-5) (Blank).
(b) Diesel emission inspections conducted under this
Chapter 13 shall be conducted in accordance with the Society of
Automotive Engineers Recommended Practice J1667
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
Powered Vehicles" and the cutpoint standards set forth in the
United States Environmental Protection Agency guidance
document "Guidance to States on Smoke Opacity Cutpoints to be
used with the SAE J1667 In-Use Smoke Test Procedure". Those
procedures and standards, as now in effect, are made a part of
this Code, in the same manner as though they were set out in
full in this Code.
Notwithstanding the above cutpoint standards, for motor
vehicles that are model years 1973 and older, until December
31, 2002, the level of peak smoke opacity shall not exceed 70
percent. Beginning January 1, 2003, for motor vehicles that are
model years 1973 and older, the level of peak smoke opacity
shall not exceed 55 percent.
(c) If the annual emission inspection under subsection (a)
reveals that the vehicle is not in compliance with the diesel
emission standards set forth in subsection (b) of this Section,
the operator of the official testing station shall issue a
warning notice requiring correction of the violation. The
correction shall be made and the vehicle submitted to an
emissions retest at an official testing station certified by
the Department to perform diesel emission inspections within 30

SB3642 - 1678 - LRB101 20589 WGH 70218 b
days from the issuance of the warning notice requiring
correction of the violation.
If, within 30 days from the issuance of the warning notice,
the vehicle is not in compliance with the diesel emission
standards set forth in subsection (b) as determined by an
emissions retest at an official testing station, the operator
of the official testing station or the Department shall place
the vehicle out-of-service in accordance with the rules
promulgated by the Department. Operating a vehicle that has
been placed out-of-service under this subsection (c) is a petty
offense punishable by a $1,000 fine. The vehicle must pass a
diesel emission inspection at an official testing station
before it is again placed in service. The Secretary of State,
Illinois Department of State Police, and other law enforcement
officers shall enforce this Section. No emergency vehicle, as
defined in Section 1-105, may be placed out-of-service pursuant
to this Section.
The Department or an official testing station may issue a
certificate of waiver subsequent to a reinspection of a vehicle
that failed the emissions inspection. Certificate of waiver
shall be issued upon determination that documented proof
demonstrates that emissions repair costs for the noncompliant
vehicle of at least $3,000 have been spent in an effort to
achieve compliance with the emission standards set forth in
subsection (b). The Department of Transportation shall adopt
rules for the implementation of this subsection including

SB3642 - 1679 - LRB101 20589 WGH 70218 b
standards of documented proof as well as the criteria by which
a waiver shall be granted.
(c-5) (Blank).
(d) (Blank).
(Source: P.A. 100-700, eff. 8-3-18.)
(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of vehicles.
(a) On Class III and non-designated State and local
highways, the total outside width of any vehicle or load
thereon shall not exceed 8 feet 6 inches.
(b) Except during those times when, due to insufficient
light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a
distance of 1000 feet, the following vehicles may exceed the 8
feet 6 inch limitation during the period from a half hour
before sunrise to a half hour after sunset:
(1) Loads of hay, straw or other similar farm products
provided that the load is not more than 12 feet wide.
(2) Implements of husbandry being transported on
another vehicle and the transporting vehicle while loaded.
The following requirements apply to the transportation
on another vehicle of an implement of husbandry wider than
8 feet 6 inches on the National System of Interstate and
Defense Highways or other highways in the system of State
highways:

SB3642 - 1680 - LRB101 20589 WGH 70218 b
(A) The driver of a vehicle transporting an
implement of husbandry that exceeds 8 feet 6 inches in
width shall obey all traffic laws and shall check the
roadways prior to making a movement in order to ensure
that adequate clearance is available for the movement.
It is prima facie evidence that the driver of a vehicle
transporting an implement of husbandry has failed to
check the roadway prior to making a movement if the
vehicle is involved in a collision with a bridge,
overpass, fixed structure, or properly placed traffic
control device or if the vehicle blocks traffic due to
its inability to proceed because of a bridge, overpass,
fixed structure, or properly placed traffic control
device.
(B) Flags shall be displayed so as to wave freely
at the extremities of overwidth objects and at the
extreme ends of all protrusions, projections, and
overhangs. All flags shall be clean, bright red flags
with no advertising, wording, emblem, or insignia
inscribed upon them and at least 18 inches square.
(C) "OVERSIZE LOAD" signs are mandatory on the
front and rear of all vehicles with loads over 10 feet
wide. These signs must have 12-inch high black letters
with a 2-inch stroke on a yellow sign that is 7 feet
wide by 18 inches high.
(D) One civilian escort vehicle is required for a

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load that exceeds 14 feet 6 inches in width and 2
civilian escort vehicles are required for a load that
exceeds 16 feet in width on the National System of
Interstate and Defense Highways or other highways in
the system of State highways.
(E) The requirements for a civilian escort vehicle
and driver are as follows:
(1) The civilian escort vehicle shall be a
vehicle not exceeding a gross vehicle weight
rating of 26,000 pounds that is designed to afford
clear and unobstructed vision to both front and
rear.
(2) The escort vehicle driver must be properly
licensed to operate the vehicle.
(3) While in use, the escort vehicle must be
equipped with illuminated rotating, oscillating,
or flashing amber lights or flashing amber strobe
lights mounted on top that are of sufficient
intensity to be visible at 500 feet in normal
sunlight.
(4) "OVERSIZE LOAD" signs are mandatory on all
escort vehicles. The sign on an escort vehicle
shall have 8-inch high black letters on a yellow
sign that is 5 feet wide by 12 inches high.
(5) When only one escort vehicle is required
and it is operating on a two-lane highway, the

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escort vehicle shall travel approximately 300 feet
ahead of the load. The rotating, oscillating, or
flashing lights or flashing amber strobe lights
and an "OVERSIZE LOAD" sign shall be displayed on
the escort vehicle and shall be visible from the
front. When only one escort vehicle is required and
it is operating on a multilane divided highway, the
escort vehicle shall travel approximately 300 feet
behind the load and the sign and lights shall be
visible from the rear.
(6) When 2 escort vehicles are required, one
escort shall travel approximately 300 feet ahead
of the load and the second escort shall travel
approximately 300 feet behind the load. The
rotating, oscillating, or flashing lights or
flashing amber strobe lights and an "OVERSIZE
LOAD" sign shall be displayed on the escort
vehicles and shall be visible from the front on the
lead escort and from the rear on the trailing
escort.
(7) When traveling within the corporate limits
of a municipality, the escort vehicle shall
maintain a reasonable and proper distance from the
oversize load, consistent with existing traffic
conditions.
(8) A separate escort shall be provided for

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each load hauled.
(9) The driver of an escort vehicle shall obey
all traffic laws.
(10) The escort vehicle must be in safe
operational condition.
(11) The driver of the escort vehicle must be
in radio contact with the driver of the vehicle
carrying the oversize load.
(F) A transport vehicle while under load of more
than 8 feet 6 inches in width must be equipped with an
illuminated rotating, oscillating, or flashing amber
light or lights or a flashing amber strobe light or
lights mounted on the top of the cab that are of
sufficient intensity to be visible at 500 feet in
normal sunlight. If the load on the transport vehicle
blocks the visibility of the amber lighting from the
rear of the vehicle, the vehicle must also be equipped
with an illuminated rotating, oscillating, or flashing
amber light or lights or a flashing amber strobe light
or lights mounted on the rear of the load that are of
sufficient intensity to be visible at 500 feet in
normal sunlight.
(G) When a flashing amber light is required on the
transport vehicle under load and it is operating on a
two-lane highway, the transport vehicle shall display
to the rear at least one rotating, oscillating, or

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flashing light or a flashing amber strobe light and an
"OVERSIZE LOAD" sign. When a flashing amber light is
required on the transport vehicle under load and it is
operating on a multilane divided highway, the sign and
light shall be visible from the rear.
(H) Maximum speed shall be 45 miles per hour on all
such moves or 5 miles per hour above the posted minimum
speed limit, whichever is greater, but the vehicle
shall not at any time exceed the posted maximum speed
limit.
(3) Portable buildings designed and used for
agricultural and livestock raising operations that are not
more than 14 feet wide and with not more than a 1 foot
overhang along the left side of the hauling vehicle.
However, the buildings shall not be transported more than
10 miles and not on any route that is part of the National
System of Interstate and Defense Highways.
All buildings when being transported shall display at least
2 red cloth flags, not less than 12 inches square, mounted as
high as practicable on the left and right side of the building.
An Illinois A State Police escort shall be required if it
is necessary for this load to use part of the left lane when
crossing any 2 laned State highway bridge.
(c) Vehicles propelled by electric power obtained from
overhead trolley wires operated wholly within the corporate
limits of a municipality are also exempt from the width

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limitation.
(d) (Blank).
(d-1) A recreational vehicle, as defined in Section 1-169,
may exceed 8 feet 6 inches in width if:
(1) the excess width is attributable to appurtenances
that extend 6 inches or less beyond either side of the body
of the vehicle; and
(2) the roadway on which the vehicle is traveling has
marked lanes for vehicular traffic that are at least 11
feet in width.
As used in this subsection (d-1) and in subsection (d-2),
the term appurtenance includes (i) a retracted awning and its
support hardware and (ii) any appendage that is intended to be
an integral part of a recreational recreation vehicle.
(d-2) A recreational vehicle that exceeds 8 feet 6 inches
in width as provided in subsection (d-1) may travel any roadway
of the State if the vehicle is being operated between a roadway
permitted under subsection (d-1) and:
(1) the location where the recreational recreation
vehicle is garaged;
(2) the destination of the recreational recreation
vehicle; or
(3) a facility for food, fuel, repair, services, or
rest.
(e) A vehicle and load traveling upon the National System
of Interstate and Defense Highways or any other highway in the

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system of State highways that has been designated as a Class I
or Class II highway by the Department, or any street or highway
designated by local authorities, may have a total outside width
of 8 feet 6 inches, provided that certain safety devices that
the Department determines as necessary for the safe and
efficient operation of motor vehicles shall not be included in
the calculation of width.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code and
other safety devices identified by the Department may project
up to 14 inches beyond each side of a bus and up to 6 inches
beyond each side of any other vehicle, and that projection
shall not be deemed a violation of the width restrictions of
this Section.
(g) Any person who is convicted of violating this Section
is subject to the penalty as provided in paragraph (b) of
Section 15-113.
(Source: P.A. 100-830, eff. 1-1-19.)
(625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
Sec. 15-112. Officers to weigh vehicles and require removal
of excess loads.
(a) Any police officer having reason to believe that the
weight of a vehicle and load is unlawful shall require the

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driver to stop and submit to a weighing of the same either by
means of a portable or stationary scales that have been tested
and approved at a frequency prescribed by the Illinois
Department of Agriculture, or for those scales operated by the
State, when such tests are requested by the Illinois Department
of State Police, whichever is more frequent. If such scales are
not available at the place where such vehicle is stopped, the
police officer shall require that such vehicle be driven to the
nearest available scale that has been tested and approved
pursuant to this Section by the Illinois Department of
Agriculture. Notwithstanding any provisions of the Weights and
Measures Act or the United States Department of Commerce NIST
handbook 44, multi or single draft weighing is an acceptable
method of weighing by law enforcement for determining a
violation of Chapter 3 or 15 of this Code. Law enforcement is
exempt from the requirements of commercial weighing
established in NIST handbook 44.
Within 18 months after the effective date of this
amendatory Act of the 91st General Assembly, all municipal and
county officers, technicians, and employees who set up and
operate portable scales for wheel load or axle load or both and
issue citations based on the use of portable scales for wheel
load or axle load or both and who have not successfully
completed initial classroom and field training regarding the
set up and operation of portable scales, shall attend and
successfully complete initial classroom and field training

SB3642 - 1688 - LRB101 20589 WGH 70218 b
administered by the Illinois Law Enforcement Training
Standards Board.
(b) Whenever an officer, upon weighing a vehicle and the
load, determines that the weight is unlawful, such officer
shall require the driver to stop the vehicle in a suitable
place and remain standing until such portion of the load is
removed as may be necessary to reduce the weight of the vehicle
to the limit permitted under this Chapter, or to the limit
permitted under the terms of a permit issued pursuant to
Sections 15-301 through 15-318 and shall forthwith arrest the
driver or owner. All material so unloaded shall be cared for by
the owner or operator of the vehicle at the risk of such owner
or operator; however, whenever a 3 or 4 axle vehicle with a
tandem axle dimension greater than 72 inches, but less than 96
inches and registered as a Special Hauling Vehicle is
transporting asphalt or concrete in the plastic state that
exceeds axle weight or gross weight limits by less than 4,000
pounds, the owner or operator of the vehicle shall accept the
arrest ticket or tickets for the alleged violations under this
Section and proceed without shifting or reducing the load being
transported or may shift or reduce the load under the
provisions of subsection (d) or (e) of this Section, when
applicable. Any fine imposed following an overweight violation
by a vehicle registered as a Special Hauling Vehicle
transporting asphalt or concrete in the plastic state shall be
paid as provided in subsection 4 of paragraph (a) of Section

SB3642 - 1689 - LRB101 20589 WGH 70218 b
16-105 of this Code.
(c) The Department of Transportation may, at the request of
the Illinois Department of State Police, erect appropriate
regulatory signs on any State highway directing second division
vehicles to a scale. The Department of Transportation may also,
at the direction of any State Police officer, erect portable
regulating signs on any highway directing second division
vehicles to a portable scale. Every such vehicle, pursuant to
such sign, shall stop and be weighed.
(d) Whenever any axle load of a vehicle exceeds the axle or
tandem axle weight limits permitted by paragraph (a) of Section
15-111 by 2000 pounds or less, the owner or operator of the
vehicle must shift or remove the excess so as to comply with
paragraph (a) of Section 15-111. No overweight arrest ticket
shall be issued to the owner or operator of the vehicle by any
officer if the excess weight is shifted or removed as required
by this paragraph.
(e) Whenever the gross weight of a vehicle with a
registered gross weight of 77,000 pounds or less exceeds the
weight limits of paragraph (a) of Section 15-111 of this
Chapter by 2000 pounds or less, the owner or operator of the
vehicle must remove the excess. Whenever the gross weight of a
vehicle with a registered gross weight over 77,000 pounds or
more exceeds the weight limits of paragraph (a) of Section
15-111 by 1,000 pounds or less or 2,000 pounds or less if
weighed on wheel load weighers, the owner or operator of the

SB3642 - 1690 - LRB101 20589 WGH 70218 b
vehicle must remove the excess. In either case no arrest ticket
for any overweight violation of this Code shall be issued to
the owner or operator of the vehicle by any officer if the
excess weight is removed as required by this paragraph. A
person who has been granted a special permit under Section
15-301 of this Code shall not be granted a tolerance on wheel
load weighers.
(e-5) Auxiliary power or idle reduction unit (APU) weight.
(1) A vehicle with a fully functional APU shall be
allowed an additional 550 pounds or the certified unit
weight, whichever is less. The additional pounds may be
allowed in gross, axles, or bridge formula weight limits
above the legal weight limits except when overweight on an
axle or axles of the towed unit or units in combination.
This tolerance shall be given in addition to the limits in
subsection (d) of this Section.
(2) An operator of a vehicle equipped with an APU shall
carry written certification showing the weight of the APU,
which shall be displayed upon the request of any law
enforcement officer.
(3) The operator may be required to demonstrate or
certify that the APU is fully functional at all times.
(4) This allowance may not be granted above the weight
limits specified on any loads permitted under Section
15-301 of this Code.
(f) Whenever an axle load of a vehicle exceeds axle weight

SB3642 - 1691 - LRB101 20589 WGH 70218 b
limits allowed by the provisions of a permit an arrest ticket
shall be issued, but the owner or operator of the vehicle may
shift the load so as to comply with the provisions of the
permit. Where such shifting of a load to comply with the permit
is accomplished, the owner or operator of the vehicle may then
proceed.
(g) Any driver of a vehicle who refuses to stop and submit
his vehicle and load to weighing after being directed to do so
by an officer or removes or causes the removal of the load or
part of it prior to weighing is guilty of a business offense
and shall be fined not less than $500 nor more than $2,000.
(Source: P.A. 99-717, eff. 8-5-16.)
(625 ILCS 5/15-201) (from Ch. 95 1/2, par. 15-201)
Sec. 15-201. Vehicles exceeding prescribed weight limits -
Preventing use of highway by. The Illinois Department of State
Police is directed to institute and maintain a program designed
to prevent the use of public highways by vehicles which exceed
the maximum weights allowed by Section 15-111 of this Act or
which exceeds the maximum weights allowed as evidenced by the
license plates attached to such vehicle and which license is
required by this Act.
(Source: P.A. 84-25.)
(625 ILCS 5/15-202) (from Ch. 95 1/2, par. 15-202)
Sec. 15-202. Enforcement.

SB3642 - 1692 - LRB101 20589 WGH 70218 b
Such program shall make provision for an intensive campaign
by the Illinois State Police to apprehend any violators of the
acts above mentioned, and at all times to maintain a vigilant
watch for possible violators of such acts.
(Source: P.A. 77-506.)
(625 ILCS 5/15-203) (from Ch. 95 1/2, par. 15-203)
Sec. 15-203. Records of violations. The Illinois
Department of State Police shall maintain records of the number
of violators of such acts apprehended and the number of
convictions obtained. A resume of such records shall be
included in the Department's annual report to the Governor; and
the Department shall also present such resume to each regular
session of the General Assembly.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)
Sec. 15-305. Fees for legal weight but overdimension
Vehicles, Combinations, and Loads, other than House Trailer
Combinations. Fees for special permits to move overdimension

SB3642 - 1693 - LRB101 20589 WGH 70218 b
vehicles, combinations, and loads, other than house trailer
combinations, shall be paid by the applicant to the Department
at the following rates:
90 Day Annual
Limited Limited
Single Continuous Continuous
Trip Operation Operation
(a) Overall width of 10 feet
or less, overall height of 14
feet 6 inches or less, and
overall length of 70
feet or less $100.00 $400.00
For the first 90 miles $12.00
From 90 miles to 180 miles 15.00
From 180 miles to 270 miles 18.00
For more than 270 miles $21.00
(b) Overall width of 12 feet
or less, overall height of 14
feet 6 inches or less, and
overall length
of 85 feet or less $150.00 $600.00
For the first 90 miles $15.00
From 90 miles to 180 miles $20.00
From 180 miles to 270 miles $25.00
For more than 270 miles $30.00

SB3642 - 1694 - LRB101 20589 WGH 70218 b
(c) Overall width of 14 feet
or less, overall height of 15
feet or less, and overall
length of 100 feet or less
Single Trip
Only
For the first 90 miles $25.00
From 90 miles to 180 miles $30.00
From 180 miles to 270 miles $35.00
For more than 270 miles $40.00
(d) Overall width of 18 feet
or less (authorized only
under special conditions and
for limited distances),
overall height of 16 feet or
less, and overall length of
120 feet or less
Single Trip
Only
For the first 90 miles $30.00
From 90 miles to 180 miles $40.00
From 180 miles to 270 miles $50.00
For more than 270 miles $60.00

SB3642 - 1695 - LRB101 20589 WGH 70218 b
(e) Overall width of more
than 18 feet (authorized only
under special conditions and
for limited distances),
overall height more than 16
feet, and overall length more
than 120 feet
Single Trip
Only
For the first 90 miles $50.00
From 90 miles to 180 miles $75.00
From 180 miles to 270 miles $100.00
For more than 270 miles $125.00
Permits issued under this Section shall be for a vehicle,
or vehicle combination and load not exceeding legal weights;
and, in the case of the limited continuous operation, shall be
for the same vehicle, vehicle combination or like load.
Escort requirements shall be as prescribed in the
Department's Rules and Regulations. Fees for the Illinois State
Police vehicle escort, when required, shall be in addition to
the permit fees.
(Source: P.A. 89-219, eff. 1-1-96.)
(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
Sec. 16-102. Arrests - Investigations - Prosecutions.

SB3642 - 1696 - LRB101 20589 WGH 70218 b
(a) The Illinois State Police shall patrol the public
highways and make arrests for violation of the provisions of
this Act.
(b) The Secretary of State, through the investigators
provided for in this Act shall investigate and report
violations of the provisions of this Act in relation to the
equipment and operation of vehicles as provided for in Section
2-115 and for such purposes these investigators have and may
exercise throughout the State all of the powers of police
officers.
(c) The State's Attorney of the county in which the
violation occurs shall prosecute all violations except when the
violation occurs within the corporate limits of a municipality,
the municipal attorney may prosecute if written permission to
do so is obtained from the State's Attorney.
(d) The State's Attorney of the county in which the
violation occurs may not grant to the municipal attorney
permission to prosecute if the offense charged is a felony
under Section 11-501 of this Code. The municipality may,
however, charge an offender with a municipal misdemeanor
offense if the State's Attorney rejects or denies felony
charges for the conduct that comprises the charge.
(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.)
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.

SB3642 - 1697 - LRB101 20589 WGH 70218 b
(a) Except as provided in Section 15-113 of this Act and
except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and
penalties recovered under the provisions of Chapters 3 through
17 and 18b inclusive of this Code shall be paid and used as
follows:
1. For offenses committed upon a highway within the
limits of a city, village, or incorporated town or under
the jurisdiction of any park district, to the treasurer of
the particular city, village, incorporated town or park
district, if the violator was arrested by the authorities
of the city, village, incorporated town or park district,
provided the police officers and officials of cities,
villages, incorporated towns and park districts shall
seasonably prosecute for all fines and penalties under this
Code. If the violation is prosecuted by the authorities of
the county, any fines or penalties recovered shall be paid
to the county treasurer, except that fines and penalties
recovered from violations arrested by the Illinois State
Police shall be remitted to the State Police Law
Enforcement Administration Fund. Provided further that if
the violator was arrested by the Illinois State Police,
fines and penalties recovered under the provisions of
paragraph (a) of Section 15-113 of this Code or paragraph
(e) of Section 15-316 of this Code shall be paid over to
the Illinois Department of State Police which shall

SB3642 - 1698 - LRB101 20589 WGH 70218 b
thereupon remit the amount of the fines and penalties so
received to the State Treasurer who shall deposit the
amount so remitted in the special fund in the State
treasury known as the Road Fund except that if the
violation is prosecuted by the State's Attorney, 10% of the
fine or penalty recovered shall be paid to the State's
Attorney as a fee of his office and the balance shall be
paid over to the Illinois Department of State Police for
remittance to and deposit by the State Treasurer as
hereinabove provided.
2. Except as provided in paragraph 4, for offenses
committed upon any highway outside the limits of a city,
village, incorporated town or park district, to the county
treasurer of the county where the offense was committed
except if such offense was committed on a highway
maintained by or under the supervision of a township,
township district, or a road district to the Treasurer
thereof for deposit in the road and bridge fund of such
township or other district, except that fines and penalties
recovered from violations arrested by the Illinois State
Police shall be remitted to the State Police Law
Enforcement Administration Fund; provided, that fines and
penalties recovered under the provisions of paragraph (a)
of Section 15-113, paragraph (d) of Section 3-401, or
paragraph (e) of Section 15-316 of this Code shall be paid
over to the Illinois Department of State Police which shall

SB3642 - 1699 - LRB101 20589 WGH 70218 b
thereupon remit the amount of the fines and penalties so
received to the State Treasurer who shall deposit the
amount so remitted in the special fund in the State
treasury known as the Road Fund except that if the
violation is prosecuted by the State's Attorney, 10% of the
fine or penalty recovered shall be paid to the State's
Attorney as a fee of his office and the balance shall be
paid over to the Illinois Department of State Police for
remittance to and deposit by the State Treasurer as
hereinabove provided.
3. Notwithstanding subsections 1 and 2 of this
paragraph, for violations of overweight and overload
limits found in Sections 15-101 through 15-203 of this
Code, which are committed upon the highways belonging to
the Illinois State Toll Highway Authority, fines and
penalties shall be paid over to the Illinois State Toll
Highway Authority for deposit with the State Treasurer into
that special fund known as the Illinois State Toll Highway
Authority Fund, except that if the violation is prosecuted
by the State's Attorney, 10% of the fine or penalty
recovered shall be paid to the State's Attorney as a fee of
his office and the balance shall be paid over to the
Illinois State Toll Highway Authority for remittance to and
deposit by the State Treasurer as hereinabove provided.
4. With regard to violations of overweight and overload
limits found in Sections 15-101 through 15-203 of this Code

SB3642 - 1700 - LRB101 20589 WGH 70218 b
committed by operators of vehicles registered as Special
Hauling Vehicles, for offenses committed upon a highway
within the limits of a city, village, or incorporated town
or under the jurisdiction of any park district, all fines
and penalties shall be paid over or retained as required in
paragraph 1. However, with regard to the above offenses
committed by operators of vehicles registered as Special
Hauling Vehicles upon any highway outside the limits of a
city, village, incorporated town or park district, fines
and penalties shall be paid over or retained by the entity
having jurisdiction over the road or highway upon which the
offense occurred, except that if the violation is
prosecuted by the State's Attorney, 10% of the fine or
penalty recovered shall be paid to the State's Attorney as
a fee of his office.
(b) Failure, refusal or neglect on the part of any judicial
or other officer or employee receiving or having custody of any
such fine or forfeiture either before or after a deposit with
the proper official as defined in paragraph (a) of this
Section, shall constitute misconduct in office and shall be
grounds for removal therefrom.
(Source: P.A. 100-987, eff. 7-1-19.)
(625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
Sec. 18a-200. General powers and duties of Commission. The
Commission shall:

SB3642 - 1701 - LRB101 20589 WGH 70218 b
(1) Regulate commercial vehicle relocators and their
employees or agents in accordance with this Chapter and to that
end may establish reasonable requirements with respect to
proper service and practices relating thereto;
(2) Require the maintenance of uniform systems of accounts,
records and the preservation thereof;
(3) Require that all drivers and other personnel used in
relocation be employees of a licensed relocator;
(4) Regulate equipment leasing to and by relocators;
(5) Adopt reasonable and proper rules covering the exercise
of powers conferred upon it by this Chapter, and reasonable
rules governing investigations, hearings and proceedings under
this Chapter;
(6) Set reasonable rates for the commercial towing or
removal of trespassing vehicles from private property. The
rates shall not exceed the mean average of the 5 highest rates
for police tows within the territory to which this Chapter
applies that are performed under Sections 4-201 and 4-214 of
this Code and that are of record at hearing; provided that the
Commission shall not re-calculate the maximum specified herein
if the order containing the previous calculation was entered
within one calendar year of the date on which the new order is
entered. Set reasonable rates for the storage, for periods in
excess of 24 hours, of the vehicles in connection with the
towing or removal; however, no relocator shall impose charges
for storage for the first 24 hours after towing or removal. Set

SB3642 - 1702 - LRB101 20589 WGH 70218 b
reasonable rates for other services provided by relocators,
provided that the rates shall not be charged to the owner or
operator of a relocated vehicle. Any fee charged by a relocator
for the use of a credit card that is used to pay for any service
rendered by the relocator shall be included in the total amount
that shall not exceed the maximum reasonable rate established
by the Commission. The Commission shall require a relocator to
refund any amount charged in excess of the reasonable rate
established by the Commission, including any fee for the use of
a credit card;
(7) Investigate and maintain current files of the criminal
records, if any, of all relocators and their employees and of
all applicants for relocator's license, operator's licenses
and dispatcher's licenses. If the Commission determines that an
applicant for a license issued under this Chapter will be
subjected to a criminal history records check, the applicant
shall submit his or her fingerprints to the Illinois Department
of State Police in the form and manner prescribed by the
Illinois Department of State Police. These fingerprints shall
be checked against the Illinois Department of State Police and
Federal Bureau of Investigation criminal history record
information databases now and hereafter filed. The Illinois
Department of State Police shall charge the applicant a fee for
conducting the criminal history records check, which shall be
deposited in the State Police Services Fund and shall not
exceed the actual cost of the records check. The Illinois

SB3642 - 1703 - LRB101 20589 WGH 70218 b
Department of State Police shall furnish pursuant to positive
identification, records of conviction to the Commission;
(8) Issue relocator's licenses, dispatcher's employment
permits, and operator's employment permits in accordance with
Article IV of this Chapter;
(9) Establish fitness standards for applicants seeking
relocator licensees and holders of relocator licenses;
(10) Upon verified complaint in writing by any person,
organization or body politic, or upon its own initiative may,
investigate whether any commercial vehicle relocator,
operator, dispatcher, or person otherwise required to comply
with any provision of this Chapter or any rule promulgated
hereunder, has failed to comply with any provision or rule;
(11) Whenever the Commission receives notice from the
Secretary of State that any domestic or foreign corporation
regulated under this Chapter has not paid a franchise tax,
license fee or penalty required under the Business Corporation
Act of 1983, institute proceedings for the revocation of the
license or right to engage in any business required under this
Chapter or the suspension thereof until such time as the
delinquent franchise tax, license fee or penalty is paid.
(Source: P.A. 93-418, eff. 1-1-04.)
(625 ILCS 5/18b-112)
Sec. 18b-112. Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:

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"Department" means the Department of State Police.
"Equipment interchange agreement" means a written document
executed by the intermodal equipment provider and operator at
the time the equipment is interchanged by the provider to the
operator.
"Equipment provider" is the owner of an intermodal trailer,
chassis, or container. This includes any forwarding company,
water carrier, steamship line, railroad, vehicle equipment
leasing company, and their subsidiary or affiliated companies
owning the equipment.
"Federal motor carrier safety regulations" means
regulations promulgated by the United States Department of
Transportation governing the condition and maintenance of
commercial motor vehicles contained in Title 49 of the United
States Code of Federal Regulations on the day of enactment of
this Act or as amended or revised by the United States
Department of Transportation thereafter.
"Interchange" means the act of providing a vehicle to a
motor carrier by an equipment provider for the purpose of
transporting the vehicle for loading or unloading by another
party or the repositioning of the vehicle for the benefit of
the equipment provider. "Interchange" does not include the
leasing of the vehicle by a motor carrier from an
owner-operator pursuant to subpart B of Part 376 of Title 49 of
the Code of Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road

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freight hauling operations.
"Operator" means a motor carrier or driver of a commercial
motor vehicle.
"Vehicle" means an intermodal trailer, chassis, or
container.
(b) Responsibility of equipment provider. An equipment
provider shall not interchange or offer for interchange a
vehicle with an operator for use on a highway which vehicle is
in violation of the requirements contained in the federal motor
carrier safety regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at the time of
inspection does not comply with all federal motor carrier
safety regulation requirements, perform the necessary repairs
on, all vehicles prior to interchange or offering for
interchange.
(c) Duty of inspection by the operator. Before
interchanging a vehicle with an operator, an equipment provider
must provide the operator the opportunity and facilities to
perform a visual inspection of the equipment. The operator must
determine if it complies with the provisions of the federal
motor carrier safety regulation capable of being determined
from an inspection. If the operator determines that the vehicle
does not comply with the provisions of the federal motor
carrier safety regulations, the equipment provider shall
immediately perform the necessary repairs to the vehicle so
that it complies with the federal motor carrier safety

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regulations or shall immediately provide the operator with
another vehicle.
(d) Presumption of defect prior to interchange.
(1) If as a result of a roadside inspection by the
Illinois State Police Department, any of the defects listed
in paragraph (2) are discovered, a rebuttable presumption
existed at the time of the interchange. If a summons or
complaint is issued to the operator, the operator may seek
relief pursuant to paragraph (3).
(2) A rebuttable presumption exists that the following
defects were present at the time of the interchange:
(A) There is a defect with the brake drum when:
(I) the drum cracks;
(II) the lining is loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative brakes when:
(I) there is no movement of any components;
(II) there are missing, broken, or loose
components; or
(III) there are mismatched components.
(C) There is a defect with the air lines and tubing
when:
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or
crimped.

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(D) There is a defect with the reservoir tank when
there is any separation of original attachment points.
(E) There is a defect with the frames when:
(I) there is any cracked, loose, sagging, or
broken frame members which measure one and
one-half inch in web or one inch or longer in
bottom flange or any crack extending from web
radius into bottom flange; or
(II) there is any condition which causes
moving parts to come in contact with the frame.
(F) There is an electrical defect when wires are
chaffed.
(G) There is a defect with the wheel assembly when:
(I) there is low or no oil;
(II) there is oil leakage on brake components;
(III) there are lug nuts that are loose or
missing; or
(IV) the wheel bearings are not properly
maintained.
(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the casing;
or
(III) there are exposed plys or belting
material.
(I) There is defect with rim cracks when:

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(I) there is any circumferential crack, except
a manufactured crack; or
(II) there is a lock or side ring cracked,
bent, broken, sprung, improperly seated, or
mismatched.
(J) There is a defect with the suspension when:
(I) there are spring assembly leaves broken,
missing, or separated; or
(II) there are spring hanger, u-bolts, or axle
positioning components cracked, broken loose, or
missing.
(K) There is a defect with the chassis locking pins
when there is any twist lock or fitting for securement
that is sprung, broken, or improperly latched.
(3) If an operator receives a citation for a violation
due to a defect in any equipment specified in subsection
(d)(2), the equipment provider shall reimburse the
operator for any:
(A) fines and costs, including court costs and
reasonable attorneys fees, incurred as a result of the
citation; and
(B) costs incurred by the operator to repair the
defects specified in the citation, including any
towing costs incurred.
The equipment provider shall reimburse the operator
within 30 days of the final court action. If the equipment

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provider fails to reimburse the operator within 30 days,
the operator has a civil cause of action against the
equipment provider.
(e) Fines and penalties. Any person violating the
provisions of this Section shall be fined no less than $50 and
no more than $500 for each violation.
(f) Obligation of motor carrier. Nothing in this Section is
intended to eliminate the responsibility and obligation of a
motor carrier and operator to maintain and operate vehicles in
accordance with the federal motor carrier safety regulations
and applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or
implemented in any manner inconsistent with, or in conflict
with, any provision of the federal motor carrier safety
regulations.
(Source: P.A. 91-662, eff. 7-1-00.)
(625 ILCS 5/18c-1702) (from Ch. 95 1/2, par. 18c-1702)
Sec. 18c-1702. Responsibility for Enforcement. It shall be
the duty of the Commission and of the Illinois State Police and
the Secretary of State to conduct investigations, make arrests,
and take any other action necessary for the enforcement of this
Chapter.
(Source: P.A. 84-796.)
(625 ILCS 5/18c-4601) (from Ch. 95 1/2, par. 18c-4601)

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Sec. 18c-4601. Cab Card and Identifier to be Carried and
Displayed in Each Vehicle.
(1) General Provisions.
(a) Carrying Requirement. Each motor vehicle used in
for-hire transportation upon the public roads of this State
shall carry a current cab card together with an identifier
issued by or under authority of the Commission. If the carrier
is an intrastate motor carrier of property, the prescribed
intrastate cab card and identifier shall be required; if the
carrier is an interstate motor carrier of property, the
prescribed interstate cab card and identifier shall be
required.
(b) Execution and Presentation Requirement. Such cab card
shall be properly executed by the carrier. The cab card, with
an identifier affixed or printed thereon, shall be carried in
the vehicle for which it was executed. The cab card and
identifier shall be presented upon request to any authorized
employee of the Commission or the Illinois State Police or
Secretary of State.
(c) Deadlines for Execution, Carrying, and Presentation.
Cab cards and identifiers shall be executed, carried, and
presented no earlier than December 1 of the calendar year
preceding the calendar year for which fees are owing, and no
later than February 1 of the calendar year for which fees are
owing, unless otherwise provided in Commission regulations and
orders.

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(2) Interstate Compensated Intercorporate Hauling and
Single-Source Leasing. The provisions of subsection (1) of this
Section apply to motor vehicles used in interstate compensated
intercorporate hauling or which are leased, with drivers, to
private carriers for use in interstate commerce, as well as to
other motor vehicles used in for-hire transportation upon the
public roads of this State. However, the Commission may:
(a) Exempt such carriers from the requirements of this
Article;
(b) Subject any exemption to such reasonable terms and
conditions as the Commission deems necessary to effectuate the
purposes of this Chapter; and
(c) Revoke any exemption granted hereunder if it deems
revocation necessary to effectuate the purposes of this
Chapter.
(Source: P.A. 85-553.)
Section 940. The Automated Traffic Control Systems in
Highway Construction or Maintenance Zones Act is amended by
changing Sections 10 and 25 as follows:
(625 ILCS 7/10)
Sec. 10. Establishment of automated control systems. The
Illinois Department of State Police may establish an automated
traffic control system in any construction or maintenance zone
established by the Department of Transportation or the Illinois

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State Toll Highway Authority. An automated traffic control
system may operate only during those periods when workers are
present in the construction or maintenance zone. In any
prosecution based upon evidence obtained through an automated
traffic control system established under this Act, the State
must prove that one or more workers were present in the
construction or maintenance zone when the violation occurred.
(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
94-814, eff. 1-1-07.)
(625 ILCS 7/25)
Sec. 25. Limitations on the use of automated traffic
enforcement systems.
(a) The Illinois Department of State Police must conduct a
public information campaign to inform drivers about the use of
automated traffic control systems in highway construction or
maintenance zones before establishing any of those systems. The
Illinois Department of State Police shall adopt rules for
implementing this subsection (a).
(b) Signs indicating that speeds are enforced by automated
traffic control systems must be clearly posted in the areas
where the systems are in use.
(c) Operation of automated traffic control systems is
limited to areas where road construction or maintenance is
occurring.
(d) Photographs obtained in this manner may only be used as

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evidence in relation to a violation of Section 11-605.1 of the
Illinois Vehicle Code for which the photograph is taken. The
photographs are available only to the owner of the vehicle, the
offender and the offender's attorney, the judiciary, the local
State's Attorney, and law enforcement officials.
(e) If the driver of the vehicle cannot be identified
through the photograph, the owner is not liable for the fine,
and the citation may not be counted against the driving record
of the owner. If the driver can be identified, the driver is
liable for the fine, and the violation is counted against his
or her driving record.
(Source: P.A. 93-947, eff. 8-19-04.)
Section 945. The Child Passenger Protection Act is amended
by changing Section 7 as follows:
(625 ILCS 25/7) (from Ch. 95 1/2, par. 1107)
Sec. 7. Arrests - Prosecutions. The Illinois State Police
shall patrol the public highways and make arrests for a
violation of this Act. Police officers shall make arrests for
violations of this Act occurring upon the highway within the
limits of a county, city, village, or unincorporated town or
park district.
The State's Attorney of the county in which the violation
of this Act occurs shall prosecute all violations except when
the violation occurs within the corporate limits of a

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municipality, the municipal attorney may prosecute if written
permission to do so is obtained from the State's Attorney.
The provisions of this Act shall not apply to a child
passenger with a physical disability of such a nature as to
prevent appropriate restraint in a seat, provided that the
disability is duly certified by a physician who shall state the
nature of the disability, as well as the reason the restraint
is inappropriate. No physician shall be liable, and no cause of
action may be brought for personal injuries resulting from the
exercise of good faith judgment in making certifications under
this provision.
(Source: P.A. 88-685, eff. 1-24-95.)
Section 950. The Boat Registration and Safety Act is
amended by changing Sections 3A-6, 3C-2, 3C-5, 3C-9, 5-16b,
5-16c, 5-22, and 6-1 as follows:
(625 ILCS 45/3A-6) (from Ch. 95 1/2, par. 313A-6)
Sec. 3A-6. Stolen and recovered watercraft.
(a) Every sheriff, superintendent of police, chief of
police or other police officer in command of any police
department in any city, village or town of the State shall, by
the fastest means of communications available to his or her law
enforcement agency, immediately report to the Illinois
Department of State Police the theft or recovery of any stolen
or converted watercraft within his or her district or

SB3642 - 1715 - LRB101 20589 WGH 70218 b
jurisdiction. The report shall give the date of theft,
description of the watercraft including color, manufacturer's
trade name, manufacturer's series name, identification number
and registration number, including the state in which the
registration number was issued, together with the name,
residence address, business address, and telephone number of
the owner. The report shall be routed by the originating law
enforcement agency through the Illinois State Police in a form
and manner prescribed by the Illinois Department of State
Police.
(b) A registered owner or a lienholder may report the theft
by conversion of a watercraft to the Illinois Department of
State Police or any other police department or sheriff's
office. The report will be accepted as a report of theft and
processed only if a formal complaint is on file and a warrant
issued.
(c) The Illinois Department of State Police shall keep a
complete record of all reports filed under this Section. Upon
receipt of the report, a careful search shall be made of the
records of the Illinois Department of State Police, and where
it is found that a watercraft reported recovered was stolen in
a county, city, village or town other than the county, city,
village or town in which it is recovered, the recovering agency
shall notify the reporting agency of the recovery in a form and
manner prescribed by the Illinois Department of State Police.
(d) Notification of the theft of a watercraft will be

SB3642 - 1716 - LRB101 20589 WGH 70218 b
furnished to the Department of Natural Resources by the
Illinois Department of State Police. The Department of Natural
Resources shall place the proper information in the title
registration files and in the certificate of number files to
indicate the theft of a watercraft. Notification of the
recovery of a watercraft previously reported as a theft or a
conversion will be furnished to the Department of Natural
Resources by the Illinois Department of State Police. The
Department of Natural Resources shall remove the proper
information from the certificate of number and title
registration files that has previously indicated the theft of a
watercraft. The Department of Natural Resources shall suspend
the certificate of number of a watercraft upon receipt of a
report that the watercraft was stolen.
(e) When the Department of Natural Resources receives an
application for a certificate of title or an application for a
certificate of number of a watercraft and it is determined from
the records that the watercraft has been reported stolen, the
Department of Natural Resources, Division of Law Enforcement,
shall immediately notify the Illinois State Police and shall
give the Illinois State Police the name and address of the
person or firm titling or registering the watercraft, together
with all other information contained in the application
submitted by the person or firm.
(Source: P.A. 89-445, eff. 2-7-96.)

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(625 ILCS 45/3C-2) (from Ch. 95 1/2, par. 313C-2)
Sec. 3C-2. Notification to law enforcement agencies. When
an abandoned, lost, stolen or unclaimed watercraft comes into
the temporary possession or custody of a person in this State,
not the owner of the watercraft, such person shall immediately
notify the municipal police when the watercraft is within the
corporate limits of any city, village or town having a duly
authorized police department, or the Illinois State Police,
Conservation Police or the county sheriff when the watercraft
is outside the corporate limits of a city, village or town.
Upon receipt of such notification, the municipal police, State
Police, Conservation Police, or county sheriff will authorize a
towing service to remove and take possession of the abandoned,
lost, stolen or unclaimed watercraft. The towing service will
safely keep the towed watercraft and its contents, and maintain
a record of the tow as set forth in Section 3C-4 for law
enforcement agencies, until the watercraft is claimed by the
owner or any other person legally entitled to possession
thereof or until it is disposed of as provided in this Article.
(Source: P.A. 84-646.)
(625 ILCS 45/3C-5) (from Ch. 95 1/2, par. 313C-5)
Sec. 3C-5. Record searches. When a law enforcement agency
authorizing the impounding of a watercraft does not know the
identity of the registered owner, lienholder or other legally
entitled person, that law enforcement agency will cause the

SB3642 - 1718 - LRB101 20589 WGH 70218 b
watercraft registration records of the State of Illinois to be
searched by the Department of Natural Resources for the purpose
of obtaining the required ownership information. The law
enforcement agency authorizing the impounding of a watercraft
will cause the stolen watercraft files of the Illinois State
Police to be searched by a directed communication to the
Illinois State Police for stolen or wanted information on the
watercraft. When the Illinois State Police files are searched
with negative results, the information contained in the
National Crime Information Center (NCIC) files will be searched
by the Illinois State Police. The information determined from
these record searches will be returned to the requesting law
enforcement agency for that agency's use in sending a
notification by certified mail to the registered owner,
lienholder and other legally entitled persons advising where
the watercraft is held, requesting that a disposition be made
and setting forth public sale information. Notification shall
be sent no later than 10 days after the date the law
enforcement agency impounds or authorizes the impounding of a
watercraft, provided that if the law enforcement agency is
unable to determine the identity of the registered owner,
lienholder or other person legally entitled to ownership of the
impounded watercraft within a 10 day period after impoundment,
then notification shall be sent no later than 2 days after the
date the identity of the registered owner, lienholder or other
person legally entitled to ownership of the impounded

SB3642 - 1719 - LRB101 20589 WGH 70218 b
watercraft is determined. Exceptions to a notification by
certified mail to the registered owner, lienholder and other
legally entitled persons are set forth in Section 3C-9.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3C-9) (from Ch. 95 1/2, par. 313C-9)
Sec. 3C-9. Disposal of unclaimed watercraft without
notice.
(a) When the identity of the registered owner, lienholder
and other person legally entitled to the possession of an
abandoned, lost or unclaimed watercraft of 7 years of age or
newer cannot be determined by any means provided for in this
Article, the watercraft may be sold as provided in Section 3C-8
without notice to any person whose identity cannot be
determined.
(b) When an abandoned watercraft of more than 7 years of
age is impounded as specified by this Article, it will be kept
in custody for a minimum of 10 days for the purpose of
determining the identity of the registered owner and
lienholder, contacting the registered owner and lienholder for
a determination of disposition, and an examination of the
Illinois State Police stolen watercraft files for the theft and
wanted information. At the expiration of the 10 day period, if
disposition information has not been received from the
registered owner or the lienholder, the law enforcement agency
having jurisdiction will authorize the disposal of the

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watercraft as junk.
However, if, in the opinion of the police officer
processing the watercraft, it has a value of $200 or more and
can be restored to safe operating condition, the law
enforcement agency may authorize its purchase for salvage and
the Department of Natural Resources may issue a certificate of
title. A watercraft classified as a historical watercraft may
be sold to a person desiring to restore it.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/5-16b) (from Ch. 95 1/2, par. 315-11b)
Sec. 5-16b. Preliminary breath screening test. If a law
enforcement officer has reasonable suspicion to believe that a
person is violating or has violated Section 5-16 or a similar
provision of a local ordinance, the officer, prior to an
arrest, may request the person to provide a sample of his or
her breath for a preliminary breath screening test using a
portable device approved by the Illinois Department of State
Police. The results of this preliminary breath screening test
may be used by the law enforcement officer for the purpose of
assisting with the determination of whether to require a
chemical test as authorized under Section 5-16 and the
appropriate type of test to request. Any chemical test
authorized under Section 5-16 may be requested by the officer
regardless of the result of the preliminary breath screening
test if probable cause for an arrest exists. The result of a

SB3642 - 1721 - LRB101 20589 WGH 70218 b
preliminary breath screening test may be used by the defendant
as evidence in any administrative or court proceeding involving
a violation of Section 5-16.
(Source: P.A. 90-215, eff. 1-1-98; 91-828, eff. 1-1-01.)
(625 ILCS 45/5-16c)
Sec. 5-16c. Operator involvement in personal injury or
fatal boating accident; chemical tests.
(a) Any person who operates or is in actual physical
control of a motorboat within this State and who has been
involved in a personal injury or fatal boating accident shall
be deemed to have given consent to a breath test using a
portable device as approved by the Illinois Department of State
Police or to a chemical test or tests of blood, breath, other
bodily substance, or urine for the purpose of determining the
content of alcohol, other drug or drugs, or intoxicating
compound or compounds of the person's blood if arrested as
evidenced by the issuance of a uniform citation for a violation
of the Boat Registration and Safety Act or a similar provision
of a local ordinance, with the exception of equipment
violations contained in Article IV of this Act or similar
provisions of local ordinances. The test or tests shall be
administered at the direction of the arresting officer. The law
enforcement agency employing the officer shall designate which
of the aforesaid tests shall be administered. Up to 2
additional tests of urine or other bodily substance may be

SB3642 - 1722 - LRB101 20589 WGH 70218 b
administered even after a blood or breath test or both has been
administered. Compliance with this Section does not relieve the
person from the requirements of any other Section of this Act.
(b) Any person who is dead, unconscious, or who is
otherwise in a condition rendering that person incapable of
refusal shall be deemed not to have withdrawn the consent
provided by subsection (a) of this Section. In addition, if an
operator of a motorboat is receiving medical treatment as a
result of a boating accident, any physician licensed to
practice medicine, licensed physician assistant, licensed
advanced practice registered nurse, registered nurse, or a
phlebotomist acting under the direction of a licensed physician
shall withdraw blood for testing purposes to ascertain the
presence of alcohol, other drug or drugs, or intoxicating
compound or compounds, upon the specific request of a law
enforcement officer. However, this testing shall not be
performed until, in the opinion of the medical personnel on
scene, the withdrawal can be made without interfering with or
endangering the well-being of the patient.
(c) A person who is a CDL holder requested to submit to a
test under subsection (a) of this Section shall be warned by
the law enforcement officer requesting the test that a refusal
to submit to the test, or submission to the test resulting in
an alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis listed in the Cannabis

SB3642 - 1723 - LRB101 20589 WGH 70218 b
Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection
Act as detected in the person's blood, other bodily substance,
or urine, may result in the suspension of the person's
privilege to operate a motor vehicle and may result in the
disqualification of the person's privilege to operate a
commercial motor vehicle, as provided in Section 6-514 of the
Illinois Vehicle Code. A person who is not a CDL holder
requested to submit to a test under subsection (a) of this
Section shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the test, or
submission to the test resulting in an alcohol concentration of
0.08 or more, a tetrahydrocannabinol concentration in the
person's whole blood or other bodily substance as defined in
paragraph 6 of subsection (a) of Section 11-501.2 of the
Illinois Vehicle Code, or any amount of a drug, substance, or
intoxicating compound resulting from the unlawful use or
consumption of a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection
Act as detected in the person's blood, other bodily substance,
or urine, may result in the suspension of the person's
privilege to operate a motor vehicle. The length of the

SB3642 - 1724 - LRB101 20589 WGH 70218 b
suspension shall be the same as outlined in Section 6-208.1 of
the Illinois Vehicle Code regarding statutory summary
suspensions.
(d) If the person is a CDL holder and refuses testing or
submits to a test which discloses an alcohol concentration of
0.08 or more, or any amount of a drug, substance, or
intoxicating compound in the person's blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of cannabis listed in the Cannabis Control Act, a
controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) of this Section and the person refused to submit
to a test or tests or submitted to testing which disclosed an
alcohol concentration of 0.08 or more, or any amount of a drug,
substance, or intoxicating compound in the person's blood,
other bodily substance, or urine, resulting from the unlawful
use or consumption of cannabis listed in the Cannabis Control
Act, a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act. If the

SB3642 - 1725 - LRB101 20589 WGH 70218 b
person is not a CDL holder and refuses testing or submits to a
test which discloses an alcohol concentration of 0.08 or more,
a tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance as defined in paragraph 6 of
subsection (a) of Section 11-501.2 of the Illinois Vehicle
Code, or any amount of a drug, substance, or intoxicating
compound in the person's blood, other bodily substance, or
urine resulting from the unlawful use or consumption of a
controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, the law
enforcement officer shall immediately submit a sworn report to
the Secretary of State on a form prescribed by the Secretary of
State, certifying that the test or tests were requested under
subsection (a) of this Section and the person refused to submit
to a test or tests or submitted to testing which disclosed an
alcohol concentration of 0.08 or more, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any amount of
a drug, substance, or intoxicating compound in the person's
blood or urine, resulting from the unlawful use or consumption
of a controlled substance listed in the Illinois Controlled
Substances Act, an intoxicating compound listed in the Use of
Intoxicating Compounds Act, or methamphetamine as listed in the

SB3642 - 1726 - LRB101 20589 WGH 70218 b
Methamphetamine Control and Community Protection Act.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall enter the suspension and
disqualification to the person's driving record and the
suspension and disqualification shall be effective on the 46th
day following the date notice of the suspension was given to
the person.
The law enforcement officer submitting the sworn report
shall serve immediate notice of this suspension on the person
and this suspension and disqualification shall be effective on
the 46th day following the date notice was given.
In cases involving a person who is a CDL holder where the
blood alcohol concentration of 0.08 or more, or any amount of a
drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of cannabis listed in the Cannabis
Control Act, a controlled substance listed in the Illinois
Controlled Substances Act, an intoxicating compound listed in
the Use of Intoxicating Compounds Act, or methamphetamine as
listed in the Methamphetamine Control and Community Protection
Act, is established by a subsequent analysis of blood, other
bodily substance, or urine collected at the time of arrest, the
arresting officer shall give notice as provided in this Section
or by deposit in the United States mail of this notice in an
envelope with postage prepaid and addressed to the person at
his or her address as shown on the uniform citation and the
suspension and disqualification shall be effective on the 46th

SB3642 - 1727 - LRB101 20589 WGH 70218 b
day following the date notice was given. In cases involving a
person who is not a CDL holder where the blood alcohol
concentration of 0.08 or more, a tetrahydrocannabinol
concentration in the person's whole blood or other bodily
substance as defined in paragraph 6 of subsection (a) of
Section 11-501.2 of the Illinois Vehicle Code, or any amount of
a drug, substance, or intoxicating compound resulting from the
unlawful use or consumption of a controlled substance listed in
the Illinois Controlled Substances Act, an intoxicating
compound listed in the Use of Intoxicating Compounds Act, or
methamphetamine as listed in the Methamphetamine Control and
Community Protection Act, is established by a subsequent
analysis of blood, other bodily substance, or urine collected
at the time of arrest, the arresting officer shall give notice
as provided in this Section or by deposit in the United States
mail of this notice in an envelope with postage prepaid and
addressed to the person at his or her address as shown on the
uniform citation and the suspension shall be effective on the
46th day following the date notice was given.
Upon receipt of the sworn report of a law enforcement
officer, the Secretary of State shall also give notice of the
suspension and disqualification to the person by mailing a
notice of the effective date of the suspension and
disqualification to the person. However, should the sworn
report be defective by not containing sufficient information or
be completed in error, the notice of the suspension and

SB3642 - 1728 - LRB101 20589 WGH 70218 b
disqualification shall not be mailed to the person or entered
to the driving record, but rather the sworn report shall be
returned to the issuing law enforcement agency.
(e) A person may contest this suspension of his or her
driving privileges and disqualification of his or her CDL
privileges by requesting an administrative hearing with the
Secretary of State in accordance with Section 2-118 of the
Illinois Vehicle Code. At the conclusion of a hearing held
under Section 2-118 of the Illinois Vehicle Code, the Secretary
of State may rescind, continue, or modify the orders of
suspension and disqualification. If the Secretary of State does
not rescind the orders of suspension and disqualification, a
restricted driving permit may be granted by the Secretary of
State upon application being made and good cause shown. A
restricted driving permit may be granted to relieve undue
hardship to allow driving for employment, educational, and
medical purposes as outlined in Section 6-206 of the Illinois
Vehicle Code. The provisions of Section 6-206 of the Illinois
Vehicle Code shall apply. In accordance with 49 C.F.R. 384, the
Secretary of State may not issue a restricted driving permit
for the operation of a commercial motor vehicle to a person
holding a CDL whose driving privileges have been suspended,
revoked, cancelled, or disqualified.
(f) For the purposes of this Section, a personal injury
shall include any type A injury as indicated on the accident
report completed by a law enforcement officer that requires

SB3642 - 1729 - LRB101 20589 WGH 70218 b
immediate professional attention in a doctor's office or a
medical facility. A type A injury shall include severely
bleeding wounds, distorted extremities, and injuries that
require the injured party to be carried from the scene.
(Source: P.A. 99-697, eff. 7-29-16; 100-513, eff. 1-1-18.)
(625 ILCS 45/5-22)
Sec. 5-22. Operation of watercraft upon the approach of an
authorized emergency watercraft.
(a) As used in this Section, "authorized emergency
watercraft" includes any watercraft operated by the Illinois
Department of Natural Resources Police, the Illinois
Department of State Police, a county sheriff, a local law
enforcement agency, a fire department, a provider of emergency
medical services, or the United States Coast Guard, equipped
with alternately flashing red, blue, red and white, red and
blue, or red in combination with white or blue lights, while
engaged in official duties. Any authorized emergency
watercraft must be clearly emblazoned with markings
identifying it as a watercraft operated by the qualifying
agency.
(b) Upon the immediate approach of an authorized emergency
watercraft making use of rotating or flashing visual signals
and lawfully making use of a visual signal, the operator of
every other watercraft shall yield the right-of-way and shall
immediately reduce the speed of the watercraft, so as not to

SB3642 - 1730 - LRB101 20589 WGH 70218 b
create a wake, and shall yield way to the emergency watercraft,
moving to the right to permit the safe passage of the emergency
watercraft, and shall stop and remain in that position until
the authorized emergency watercraft has passed, unless
otherwise directed by a police officer.
(c) Upon approaching a stationary authorized emergency
watercraft, when the authorized emergency watercraft is giving
a signal by displaying rotating or alternately flashing red,
blue, red and white, red and blue, or red in combination with
white or blue lights, a person operating an approaching
watercraft shall proceed with due caution at no-wake speed and
yield the right-of-way by moving safely away from that
authorized emergency watercraft, proceeding with due caution
at a no-wake speed with due regard to safety and water
conditions, maintaining no-wake speed until sufficiently away
from the emergency watercraft so as not to create a wake that
would otherwise rock or otherwise disturb the authorized
emergency watercraft.
(d) This Section shall not operate to relieve the operator
of an authorized emergency watercraft from the duty to operate
that watercraft with due regard for the safety of all persons
using the waterway.
(e) A person who violates this Section commits a business
offense punishable by a fine of not less than $100 or more than
$10,000. It is a factor in aggravation if the person committed
the offense while in violation of Section 5-16 of this Act.

SB3642 - 1731 - LRB101 20589 WGH 70218 b
(f) If a violation of this Section results in damage to the
property of another person, in addition to any other penalty
imposed, the person's watercraft operating privileges shall be
suspended for a fixed period of not less than 90 days and not
more than one year.
(g) If a violation of this Section results in injury to
another person, in addition to any other penalty imposed, the
person's watercraft operating privileges shall be suspended
for a fixed period of not less than 180 days and not more than 2
years.
(h) If a violation of subsection (c) of this Section
results in great bodily harm or permanent disability or
disfigurement to, or the death of, another person, in addition
to any other penalty imposed, the person's watercraft operating
privileges shall be suspended for 2 years.
(i) The Department of Natural Resources shall, upon
receiving a record of a judgment entered against a person under
this Section:
(1) suspend the person's watercraft operating
privileges for the mandatory period; or
(2) extend the period of an existing suspension by the
appropriate mandatory period.
(Source: P.A. 98-102, eff. 7-22-13.)
(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)
Sec. 6-1. Collisions, accidents, and casualties; reports.

SB3642 - 1732 - LRB101 20589 WGH 70218 b
A. The operator of a vessel involved in a collision,
accident, or other casualty, so far as he can without serious
danger to his own vessel, crew, passengers and guests, if any,
shall render to other persons affected by the collision,
accident, or other casualty assistance as may be practicable
and as may be necessary in order to save them from or minimize
any danger caused by the collision, accident, or other
casualty, and also shall give his name, address, and
identification of his vessel to any person injured and to the
owner of any property damaged in the collision, accident, or
other casualty.
If the collision, accident, or other casualty has resulted
in the death of or personal injury to any person, failure to
comply with this subsection A is a Class A misdemeanor.
A-1. Any person who has failed to stop or to comply with
the requirements of subsection A must, as soon as possible but
in no case later than one hour after the collision, accident,
or other casualty, or, if hospitalized and incapacitated from
reporting at any time during that period, as soon as possible
but in no case later than one hour after being discharged from
the hospital, report the date, place, and approximate time of
the collision, accident, or other casualty, the watercraft
operator's name and address, the identification number of the
watercraft, if any, and the names of all other occupants of the
watercraft, at a police station or sheriff's office near the
location where the collision, accident, or other casualty

SB3642 - 1733 - LRB101 20589 WGH 70218 b
occurred. A report made as required under this subsection A-1
may not be used, directly or indirectly, as a basis for the
prosecution of any violation of subsection A.
As used in this Section, personal injury means any injury
requiring treatment beyond first aid.
Any person failing to comply with this subsection A-1 is
guilty of a Class 4 felony if the collision, accident, or other
casualty does not result in the death of any person. Any person
failing to comply with this subsection A-1 when the collision,
accident, or other casualty results in the death of any person
is guilty of a Class 2 felony, for which the person, if
sentenced to a term of imprisonment, shall be sentenced to a
term of not less than 3 years and not more than 14 years.
B. In the case of collision, accident, or other casualty
involving a vessel, the operator, if the collision, accident,
or other casualty results in death or injury to a person or
damage to property in excess of $2000, or there is a complete
loss of the vessel, shall file with the Department a full
description of the collision, accident, or other casualty,
including information as the Department may by regulation
require. Reports of the accidents must be filed with the
Department on a Department Accident Report form within 5 days.
C. Reports of accidents resulting in personal injury, where
a person sustains an injury requiring medical attention beyond
first aid, must be filed with the Department on a Department
Accident Report form within 5 days. Accidents that result in

SB3642 - 1734 - LRB101 20589 WGH 70218 b
loss of life shall be reported to the Department on a
Department form within 48 hours.
D. All required accident reports and supplemental reports
are without prejudice to the individual reporting, and are for
the confidential use of the Department, except that the
Department may disclose the identity of a person involved in an
accident when the identity is not otherwise known or when the
person denies his presence at the accident. No report to the
Department may be used as evidence in any trial, civil or
criminal, arising out of an accident, except that the
Department must furnish upon demand of any person who has or
claims to have made a report or upon demand of any court a
certificate showing that a specified accident report has or has
not been made to the Department solely to prove a compliance or
a failure to comply with the requirements that a report be made
to the Department.
E. (1) Every coroner or medical examiner shall on or before
the 10th day of each month report in writing to the
Department the circumstances surrounding the death of any
person that has occurred as the result of a boating
accident within the examiner's jurisdiction during the
preceding calendar month.
(2) Within 6 hours after a death resulting from a
boating accident, but in any case not more than 12 hours
after the occurrence of the boating accident, a blood
specimen of at least 10 cc shall be withdrawn from the body

SB3642 - 1735 - LRB101 20589 WGH 70218 b
of the decedent by the coroner or medical examiner or by a
qualified person at the direction of the physician. All
morticians shall obtain a release from the coroner or
medical examiner prior to proceeding with embalming any
body coming under the scope of this Section. The blood so
drawn shall be forwarded to a laboratory approved by the
Illinois Department of State Police for analysis of the
alcoholic content of the blood specimen. The coroner or
medical examiner causing the blood to be withdrawn shall be
notified of the results of each analysis made and shall
forward the results of each analysis to the Department. The
Department shall keep a record of all examinations to be
used for statistical purposes only. The cumulative results
of the examinations, without identifying the individuals
involved, shall be disseminated and made public by the
Department.
(Source: P.A. 93-782, eff. 1-1-05; 94-214, eff. 1-1-06.)
Section 955. The Public-Private Partnerships for
Transportation Act is amended by changing Section 70 as
follows:
(630 ILCS 5/70)
Sec. 70. Additional powers of transportation agencies with
respect to transportation projects.
(a) Each transportation agency may exercise any powers

SB3642 - 1736 - LRB101 20589 WGH 70218 b
provided under this Act in participation or cooperation with
any governmental entity and enter into any contracts to
facilitate that participation or cooperation without
compliance with any other statute. Each transportation agency
shall cooperate with each other and with other governmental
entities in carrying out transportation projects under this
Act.
(b) Each transportation agency may make and enter into all
contracts and agreements necessary or incidental to the
performance of the transportation agency's duties and the
execution of the transportation agency's powers under this Act.
Except as otherwise required by law, these contracts or
agreements are not subject to any approvals other than the
approval of the transportation agency and may be for any term
of years and contain any terms that are considered reasonable
by the transportation agency.
(c) Each transportation agency may pay the costs incurred
under a public-private agreement entered into under this Act
from any funds available to the transportation agency under
this Act or any other statute.
(d) A transportation agency or other State agency may not
take any action that would impair a public-private agreement
entered into under this Act.
(e) Each transportation agency may enter into an agreement
between and among the contractor, the transportation agency,
and the Illinois Department of State Police concerning the

SB3642 - 1737 - LRB101 20589 WGH 70218 b
provision of law enforcement assistance with respect to a
transportation project that is the subject of a public-private
agreement under this Act.
(f) Each transportation agency is authorized to enter into
arrangements with the Illinois Department of State Police
related to costs incurred in providing law enforcement
assistance under this Act.
(Source: P.A. 97-502, eff. 8-23-11.)
Section 965. The Clerks of Courts Act is amended by
changing Section 27.3b-1 as follows:
(705 ILCS 105/27.3b-1)
Sec. 27.3b-1. Minimum fines; disbursement of fines.
(a) Unless otherwise specified by law, the minimum fine for
a conviction or supervision disposition on a minor traffic
offense is $25 and the minimum fine for a conviction,
supervision disposition, or violation based upon a plea of
guilty or finding of guilt for any other offense is $75. If the
court finds that the fine would impose an undue burden on the
victim, the court may reduce or waive the fine. In this
subsection (a), "victim" shall not be construed to include the
defendant.
(b) Unless otherwise specified by law, all fines imposed on
a misdemeanor offense, other than a traffic, conservation, or
driving under the influence offense, or on a felony offense

SB3642 - 1738 - LRB101 20589 WGH 70218 b
shall be disbursed within 60 days after receipt by the circuit
clerk to the county treasurer for deposit into the county's
General Fund. Unless otherwise specified by law, all fines
imposed on an ordinance offense or a misdemeanor traffic,
misdemeanor conservation, or misdemeanor driving under the
influence offense shall be disbursed within 60 days after
receipt by the circuit clerk to the treasurer of the unit of
government of the arresting agency. If the arresting agency is
the office of the sheriff, the county treasurer shall deposit
the portion into a fund to support the law enforcement
operations of the office of the sheriff. If the arresting
agency is a State agency, the State Treasurer shall deposit the
portion as follows:
(1) if the arresting agency is the Illinois Department
of State Police, into the State Police Law Enforcement
Administration Fund;
(2) if the arresting agency is the Department of
Natural Resources, into the Conservation Police Operations
Assistance Fund;
(3) if the arresting agency is the Secretary of State,
into the Secretary of State Police Services Fund; and
(4) if the arresting agency is the Illinois Commerce
Commission, into the Public Utility Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
Section 970. The Criminal and Traffic Assessment Act is

SB3642 - 1739 - LRB101 20589 WGH 70218 b
amended by changing Sections 10-5 and 15-70 as follows:
(705 ILCS 135/10-5)
(Section scheduled to be repealed on January 1, 2021)
Sec. 10-5. Funds.
(a) All money collected by the Clerk of the Circuit Court
under Article 15 of this Act shall be remitted as directed in
Article 15 of this Act to the county treasurer, to the State
Treasurer, and to the treasurers of the units of local
government. If an amount payable to any of the treasurers is
less than $10, the clerk may postpone remitting the money until
$10 has accrued or by the end of fiscal year. The treasurers
shall deposit the money as indicated in the schedules, except,
in a county with a population of over 3,000,000, money remitted
to the county treasurer shall be subject to appropriation by
the county board. Any amount retained by the Clerk of the
Circuit Court in a county with a population of over 3,000,000
shall be subject to appropriation by the county board.
(b) The county treasurer or the treasurer of the unit of
local government may create the funds indicated in paragraphs
(1) through (5), (9), and (16) of subsection (d) of this
Section, if not already in existence. If a county or unit of
local government has not instituted, and does not plan to
institute a program that uses a particular fund, the treasurer
need not create the fund and may instead deposit the money
intended for the fund into the general fund of the county or

SB3642 - 1740 - LRB101 20589 WGH 70218 b
unit of local government for use in financing the court system.
(c) If the arresting agency is a State agency, the
arresting agency portion shall be remitted by the clerk of
court to the State Treasurer who shall deposit the portion as
follows:
(1) if the arresting agency is the Illinois Department
of State Police, into the State Police Law Enforcement
Administration Fund;
(2) if the arresting agency is the Department of
Natural Resources, into the Conservation Police Operations
Assistance Fund;
(3) if the arresting agency is the Secretary of State,
into the Secretary of State Police Services Fund; and
(4) if the arresting agency is the Illinois Commerce
Commission, into the Public Utility Fund.
(d) Fund descriptions and provisions:
(1) The Court Automation Fund is to defray the expense,
borne by the county, of establishing and maintaining
automated record keeping systems in the Office of the Clerk
of the Circuit Court. The money shall be remitted monthly
by the clerk to the county treasurer and identified as
funds for the Circuit Court Clerk. The fund shall be
audited by the county auditor, and the board shall make
expenditures from the fund in payment of any costs related
to the automation of court records including hardware,
software, research and development costs, and personnel

SB3642 - 1741 - LRB101 20589 WGH 70218 b
costs related to the foregoing, provided that the
expenditure is approved by the clerk of the court and by
the chief judge of the circuit court or his or her
designee.
(2) The Document Storage Fund is to defray the expense,
borne by the county, of establishing and maintaining a
document storage system and converting the records of the
circuit court clerk to electronic or micrographic storage.
The money shall be remitted monthly by the clerk to the
county treasurer and identified as funds for the circuit
court clerk. The fund shall be audited by the county
auditor, and the board shall make expenditure from the fund
in payment of any cost related to the storage of court
records, including hardware, software, research and
development costs, and personnel costs related to the
foregoing, provided that the expenditure is approved by the
clerk of the court.
(3) The Circuit Clerk Operations and Administration
Fund may be used to defray the expenses incurred for
collection and disbursement of the various assessment
schedules. The money shall be remitted monthly by the clerk
to the county treasurer and identified as funds for the
circuit court clerk.
(4) The State's Attorney Records Automation Fund is to
defray the expense of establishing and maintaining
automated record keeping systems in the offices of the

SB3642 - 1742 - LRB101 20589 WGH 70218 b
State's Attorney. The money shall be remitted monthly by
the clerk to the county treasurer for deposit into the
State's Attorney Records Automation Fund. Expenditures
from this fund may be made by the State's Attorney for
hardware, software, and research and development related
to automated record keeping systems.
(5) The Public Defender Records Automation Fund is to
defray the expense of establishing and maintaining
automated record keeping systems in the offices of the
Public Defender. The money shall be remitted monthly by the
clerk to the county treasurer for deposit into the Public
Defender Records Automation Fund. Expenditures from this
fund may be made by the Public Defender for hardware,
software, and research and development related to
automated record keeping systems.
(6) The DUI Fund shall be used for enforcement and
prevention of driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, as defined by Section 11-501 of
the Illinois Vehicle Code, including, but not limited to,
the purchase of law enforcement equipment and commodities
that will assist in the prevention of alcohol-related
criminal violence throughout the State; police officer
training and education in areas related to alcohol-related
crime, including, but not limited to, DUI training; and
police officer salaries, including, but not limited to,

SB3642 - 1743 - LRB101 20589 WGH 70218 b
salaries for hire-back funding for safety checkpoints,
saturation patrols, and liquor store sting operations. Any
moneys shall be used to purchase law enforcement equipment
that will assist in the prevention of alcohol-related
criminal violence throughout the State. The money shall be
remitted monthly by the clerk to the State or local
treasurer for deposit as provided by law.
(7) The Trauma Center Fund shall be distributed as
provided under Section 3.225 of the Emergency Medical
Services (EMS) Systems Act.
(8) The Probation and Court Services Fund is to be
expended as described in Section 15.1 of the Probation and
Probation Officers Act.
(9) The Circuit Court Clerk Electronic Citation Fund
shall have the Circuit Court Clerk as the custodian, ex
officio, of the Fund and shall be used to perform the
duties required by the office for establishing and
maintaining electronic citations. The Fund shall be
audited by the county's auditor.
(10) The Drug Treatment Fund is a special fund in the
State treasury. Moneys in the Fund shall be expended as
provided in Section 411.2 of the Illinois Controlled
Substances Act.
(11) The Violent Crime Victims Assistance Fund is a
special fund in the State treasury to provide moneys for
the grants to be awarded under the Violent Crime Victims

SB3642 - 1744 - LRB101 20589 WGH 70218 b
Assistance Act.
(12) The Criminal Justice Information Projects Fund
shall be appropriated to and administered by the Illinois
Criminal Justice Information Authority for distribution to
fund Illinois Department of State Police drug task forces
and Metropolitan Enforcement Groups, for the costs
associated with making grants from the Prescription Pill
and Drug Disposal Fund, for undertaking criminal justice
information projects, and for the operating and other
expenses of the Authority incidental to those criminal
justice information projects. The moneys deposited into
the Criminal Justice Information Projects Fund under
Sections 15-15 and 15-35 of this Act shall be appropriated
to and administered by the Illinois Criminal Justice
Information Authority for distribution to fund Illinois
Department of State Police drug task forces and
Metropolitan Enforcement Groups by dividing the funds
equally by the total number of Illinois Department of State
Police drug task forces and Illinois Metropolitan
Enforcement Groups.
(13) The Sexual Assault Services Fund shall be
appropriated to the Department of Public Health. Upon
appropriation of moneys from the Sexual Assault Services
Fund, the Department of Public Health shall make grants of
these moneys to sexual assault organizations with whom the
Department has contracts for the purpose of providing

SB3642 - 1745 - LRB101 20589 WGH 70218 b
community-based services to victims of sexual assault.
Grants are in addition to, and are not substitutes for,
other grants authorized and made by the Department.
(14) The County Jail Medical Costs Fund is to help
defray the costs outlined in Section 17 of the County Jail
Act. Moneys in the Fund shall be used solely for
reimbursement to the county of costs for medical expenses
and administration of the Fund.
(15) The Prisoner Review Board Vehicle and Equipment
Fund is a special fund in the State treasury. The Prisoner
Review Board shall, subject to appropriation by the General
Assembly and approval by the Secretary, use all moneys in
the Prisoner Review Board Vehicle and Equipment Fund for
the purchase and operation of vehicles and equipment.
(16) In each county in which a Children's Advocacy
Center provides services, a Child Advocacy Center Fund is
specifically for the operation and administration of the
Children's Advocacy Center, from which the county board
shall make grants to support the activities and services of
the Children's Advocacy Center within that county.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)
(705 ILCS 135/15-70)
(Section scheduled to be repealed on January 1, 2021)
Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13

SB3642 - 1746 - LRB101 20589 WGH 70218 b
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced
violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit into
the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012, $500
per conviction, unless more than one agency is responsible
for the arrest in which case the amount shall be remitted
to each unit of government equally:
(A) if the arresting agency is an agency of a unit
of local government, $500 to the treasurer of the unit
of local government for deposit into the unit of local
government's General Fund, except that if the Illinois
Department of State Police provides digital or
electronic forensic examination assistance, or both,
to the arresting agency then $100 to the State
Treasurer for deposit into the State Crime Laboratory
Fund; or
(B) if the arresting agency is the Illinois
Department of State Police, $500 to the State Treasurer
for deposit into the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related

SB3642 - 1747 - LRB101 20589 WGH 70218 b
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as defined
in the Cannabis Control Act, the Illinois Controlled
Substances Act, or the Methamphetamine Control and
Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Offender DNA Identification System Fund as set forth in
Section 5-4-3 of the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in
which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the full
street value of the cannabis or controlled substance seized
for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;

SB3642 - 1748 - LRB101 20589 WGH 70218 b
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or
conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and

SB3642 - 1749 - LRB101 20589 WGH 70218 b
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed
or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of an
optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in
Section 10 of the Methamphetamine Control and Community
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of
methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer
of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law

SB3642 - 1750 - LRB101 20589 WGH 70218 b
enforcement agency of the municipality or county, or to
the State Treasurer if the arresting agency was a state
agency;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic
violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of
Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the Public
Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;

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(11) speeding in a construction zone violation, $250 to
the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;
(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic
Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,
kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation
of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,

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reckless conduct, intimidation, criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of protection,
disorderly conduct, endangering the life or health of a
child, child abandonment, contributing to dependency or
neglect of child, or cruelty to children and others, $200
for each sentenced violation to the State Treasurer for
deposit as follows: (i) for sexual assault, as defined in
Section 5-9-1.7 of the Unified Code of Corrections, when
the offender and victim are family members, one-half to the
Domestic Violence Shelter and Service Fund, and one-half to
the Sexual Assault Services Fund; (ii) for the remaining
offenses to the Domestic Violence Shelter and Service Fund;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in
violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the person's
violation, and if more than one agency responded, the

SB3642 - 1753 - LRB101 20589 WGH 70218 b
amount payable to public agencies shall be shared equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related
emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, and if more than one agency is responsible for
the arrest, the amount payable to law enforcement agencies
shall be shared equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency
response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public
agency that provided an emergency response related to the
person's violation, and if more than one agency responded,
the amount payable to public agencies shall be shared
equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition of
a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative

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Fund to cover the costs in administering this paragraph
(17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Illinois Department of State Police, into
the State Police Law Enforcement Administration
Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of
State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Public Utility Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the
shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund;
(18) weapons violation under Section 24-1.1, 24-1.2,

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or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund; and
(19) violation of subsection (c) of Section 11-907 of
the Illinois Vehicle Code, $250 to the State Treasurer for
deposit into the Scott's Law Fund, unless a county or
municipal police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's or municipality's
Transportation Safety Highway Hire-back Fund to be used as
provided in subsection (j) of Section 11-907 of the
Illinois Vehicle Code.
(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
101-173, eff. 1-1-20.)
Section 975. The Juvenile Court Act of 1987 is amended by
changing Sections 1-3, 1-7, 1-8, 2-21, 2-25, 3-26, 4-23, 5-105,
5-301, 5-305, 5-730, 5-901, and 5-915 as follows:
(705 ILCS 405/1-3) (from Ch. 37, par. 801-3)
Sec. 1-3. Definitions. Terms used in this Act, unless the
context otherwise requires, have the following meanings
ascribed to them:
(1) "Adjudicatory hearing" means a hearing to determine
whether the allegations of a petition under Section 2-13, 3-15
or 4-12 that a minor under 18 years of age is abused, neglected

SB3642 - 1756 - LRB101 20589 WGH 70218 b
or dependent, or requires authoritative intervention, or
addicted, respectively, are supported by a preponderance of the
evidence or whether the allegations of a petition under Section
5-520 that a minor is delinquent are proved beyond a reasonable
doubt.
(2) "Adult" means a person 21 years of age or older.
(3) "Agency" means a public or private child care facility
legally authorized or licensed by this State for placement or
institutional care or for both placement and institutional
care.
(4) "Association" means any organization, public or
private, engaged in welfare functions which include services to
or on behalf of children but does not include "agency" as
herein defined.
(4.05) Whenever a "best interest" determination is
required, the following factors shall be considered in the
context of the child's age and developmental needs:
(a) the physical safety and welfare of the child,
including food, shelter, health, and clothing;
(b) the development of the child's identity;
(c) the child's background and ties, including
familial, cultural, and religious;
(d) the child's sense of attachments, including:
(i) where the child actually feels love,
attachment, and a sense of being valued (as opposed to
where adults believe the child should feel such love,

SB3642 - 1757 - LRB101 20589 WGH 70218 b
attachment, and a sense of being valued);
(ii) the child's sense of security;
(iii) the child's sense of familiarity;
(iv) continuity of affection for the child;
(v) the least disruptive placement alternative for
the child;
(e) the child's wishes and long-term goals;
(f) the child's community ties, including church,
school, and friends;
(g) the child's need for permanence which includes the
child's need for stability and continuity of relationships
with parent figures and with siblings and other relatives;
(h) the uniqueness of every family and child;
(i) the risks attendant to entering and being in
substitute care; and
(j) the preferences of the persons available to care
for the child.
(4.1) "Chronic truant" shall have the definition ascribed
to it in Section 26-2a of the School Code.
(5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act.
(6) "Dispositional hearing" means a hearing to determine
whether a minor should be adjudged to be a ward of the court,
and to determine what order of disposition should be made in
respect to a minor adjudged to be a ward of the court.
(6.5) "Dissemination" or "disseminate" means to publish,

SB3642 - 1758 - LRB101 20589 WGH 70218 b
produce, print, manufacture, distribute, sell, lease, exhibit,
broadcast, display, transmit, or otherwise share information
in any format so as to make the information accessible to
others.
(7) "Emancipated minor" means any minor 16 years of age or
over who has been completely or partially emancipated under the
Emancipation of Minors Act or under this Act.
(7.03) "Expunge" means to physically destroy the records
and to obliterate the minor's name from any official index,
public record, or electronic database.
(7.05) "Foster parent" includes a relative caregiver
selected by the Department of Children and Family Services to
provide care for the minor.
(8) "Guardianship of the person" of a minor means the duty
and authority to act in the best interests of the minor,
subject to residual parental rights and responsibilities, to
make important decisions in matters having a permanent effect
on the life and development of the minor and to be concerned
with his or her general welfare. It includes but is not
necessarily limited to:
(a) the authority to consent to marriage, to enlistment
in the armed forces of the United States, or to a major
medical, psychiatric, and surgical treatment; to represent
the minor in legal actions; and to make other decisions of
substantial legal significance concerning the minor;
(b) the authority and duty of reasonable visitation,

SB3642 - 1759 - LRB101 20589 WGH 70218 b
except to the extent that these have been limited in the
best interests of the minor by court order;
(c) the rights and responsibilities of legal custody
except where legal custody has been vested in another
person or agency; and
(d) the power to consent to the adoption of the minor,
but only if expressly conferred on the guardian in
accordance with Section 2-29, 3-30, or 4-27.
(8.1) "Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes, photographs,
and exhibits admitted into evidence at juvenile court
hearings; or
(d) all documents, transcripts, records, reports, or
other evidence prepared by, maintained by, or released by
any municipal, county, or State agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.
(8.2) "Juvenile law enforcement record" includes records

SB3642 - 1760 - LRB101 20589 WGH 70218 b
of arrest, station adjustments, fingerprints, probation
adjustments, the issuance of a notice to appear, or any other
records or documents maintained by any law enforcement agency
relating to a minor suspected of committing an offense, and
records maintained by a law enforcement agency that identifies
a juvenile as a suspect in committing an offense, but does not
include records identifying a juvenile as a victim, witness, or
missing juvenile and any records created, maintained, or used
for purposes of referral to programs relating to diversion as
defined in subsection (6) of Section 5-105.
(9) "Legal custody" means the relationship created by an
order of court in the best interests of the minor which imposes
on the custodian the responsibility of physical possession of a
minor and the duty to protect, train and discipline him and to
provide him with food, shelter, education and ordinary medical
care, except as these are limited by residual parental rights
and responsibilities and the rights and responsibilities of the
guardian of the person, if any.
(9.1) "Mentally capable adult relative" means a person 21
years of age or older who is not suffering from a mental
illness that prevents him or her from providing the care
necessary to safeguard the physical safety and welfare of a
minor who is left in that person's care by the parent or
parents or other person responsible for the minor's welfare.
(10) "Minor" means a person under the age of 21 years
subject to this Act.

SB3642 - 1761 - LRB101 20589 WGH 70218 b
(11) "Parent" means a father or mother of a child and
includes any adoptive parent. It also includes a person (i)
whose parentage is presumed or has been established under the
law of this or another jurisdiction or (ii) who has registered
with the Putative Father Registry in accordance with Section
12.1 of the Adoption Act and whose paternity has not been ruled
out under the law of this or another jurisdiction. It does not
include a parent whose rights in respect to the minor have been
terminated in any manner provided by law. It does not include a
person who has been or could be determined to be a parent under
the Illinois Parentage Act of 1984 or the Illinois Parentage
Act of 2015, or similar parentage law in any other state, if
that person has been convicted of or pled nolo contendere to a
crime that resulted in the conception of the child under
Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
12-14.1, subsection (a) or (b) (but not subsection (c)) of
Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012, or similar
statute in another jurisdiction unless upon motion of any
party, other than the offender, to the juvenile court
proceedings the court finds it is in the child's best interest
to deem the offender a parent for purposes of the juvenile
court proceedings.
(11.1) "Permanency goal" means a goal set by the court as
defined in subdivision (2) of Section 2-28.

SB3642 - 1762 - LRB101 20589 WGH 70218 b
(11.2) "Permanency hearing" means a hearing to set the
permanency goal and to review and determine (i) the
appropriateness of the services contained in the plan and
whether those services have been provided, (ii) whether
reasonable efforts have been made by all the parties to the
service plan to achieve the goal, and (iii) whether the plan
and goal have been achieved.
(12) "Petition" means the petition provided for in Section
2-13, 3-15, 4-12 or 5-520, including any supplemental petitions
thereunder in Section 3-15, 4-12 or 5-520.
(12.1) "Physically capable adult relative" means a person
21 years of age or older who does not have a severe physical
disability or medical condition, or is not suffering from
alcoholism or drug addiction, that prevents him or her from
providing the care necessary to safeguard the physical safety
and welfare of a minor who is left in that person's care by the
parent or parents or other person responsible for the minor's
welfare.
(12.2) "Post Permanency Sibling Contact Agreement" has the
meaning ascribed to the term in Section 7.4 of the Children and
Family Services Act.
(12.3) "Residential treatment center" means a licensed
setting that provides 24-hour care to children in a group home
or institution, including a facility licensed as a child care
institution under Section 2.06 of the Child Care Act of 1969, a
licensed group home under Section 2.16 of the Child Care Act of

SB3642 - 1763 - LRB101 20589 WGH 70218 b
1969, a secure child care facility as defined in paragraph (18)
of this Section, or any similar facility in another state.
"Residential treatment center" does not include a relative
foster home or a licensed foster family home.
(13) "Residual parental rights and responsibilities" means
those rights and responsibilities remaining with the parent
after the transfer of legal custody or guardianship of the
person, including, but not necessarily limited to, the right to
reasonable visitation (which may be limited by the court in the
best interests of the minor as provided in subsection (8)(b) of
this Section), the right to consent to adoption, the right to
determine the minor's religious affiliation, and the
responsibility for his support.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(14.05) "Shelter placement" means a temporary or emergency
placement for a minor, including an emergency foster home
placement.
(14.1) "Sibling Contact Support Plan" has the meaning
ascribed to the term in Section 7.4 of the Children and Family
Services Act.
(14.2) "Significant event report" means a written document
describing an occurrence or event beyond the customary
operations, routines, or relationships in the Department of
Children of Family Services, a child care facility, or other

SB3642 - 1764 - LRB101 20589 WGH 70218 b
entity that is licensed or regulated by the Department of
Children of Family Services or that provides services for the
Department of Children of Family Services under a grant,
contract, or purchase of service agreement; involving children
or youth, employees, foster parents, or relative caregivers;
allegations of abuse or neglect or any other incident raising a
concern about the well-being of a minor under the jurisdiction
of the court under Article II of the Juvenile Court Act;
incidents involving damage to property, allegations of
criminal activity, misconduct, or other occurrences affecting
the operations of the Department of Children of Family Services
or a child care facility; any incident that could have media
impact; and unusual incidents as defined by Department of
Children and Family Services rule.
(15) "Station adjustment" means the informal handling of an
alleged offender by a juvenile police officer.
(16) "Ward of the court" means a minor who is so adjudged
under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
requisite jurisdictional facts, and thus is subject to the
dispositional powers of the court under this Act.
(17) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the

SB3642 - 1765 - LRB101 20589 WGH 70218 b
case of a State police officer, juvenile officer training
approved by the Director of the Illinois Department of State
Police.
(18) "Secure child care facility" means any child care
facility licensed by the Department of Children and Family
Services to provide secure living arrangements for children
under 18 years of age who are subject to placement in
facilities under the Children and Family Services Act and who
are not subject to placement in facilities for whom standards
are established by the Department of Corrections under Section
3-15-2 of the Unified Code of Corrections. "Secure child care
facility" also means a facility that is designed and operated
to ensure that all entrances and exits from the facility, a
building, or a distinct part of the building are under the
exclusive control of the staff of the facility, whether or not
the child has the freedom of movement within the perimeter of
the facility, building, or distinct part of the building.
(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;
100-229, eff. 1-1-18; 100-689, eff. 1-1-19; 100-863, eff.
8-14-18; 100-1162, eff. 12-20-18.)
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.
(A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to

SB3642 - 1766 - LRB101 20589 WGH 70218 b
the general public or otherwise made widely available. Juvenile
law enforcement records may be obtained only under this Section
and Section 1-8 and Part 9 of Article V of this Act, when their
use is needed for good cause and with an order from the
juvenile court, as required by those not authorized to retain
them. Inspection, copying, and disclosure of juvenile law
enforcement records maintained by law enforcement agencies or
records of municipal ordinance violations maintained by any
State, local, or municipal agency that relate to a minor who
has been investigated, arrested, or taken into custody before
his or her 18th birthday shall be restricted to the following:
(0.05) The minor who is the subject of the juvenile law
enforcement record, his or her parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous offense

SB3642 - 1767 - LRB101 20589 WGH 70218 b
was committed in furtherance of criminal activities by a
criminal street gang, or, when necessary for the discharge
of its official duties in connection with a particular
investigation of the conduct of a law enforcement officer,
an independent agency or its staff created by ordinance and
charged by a unit of local government with the duty of
investigating the conduct of law enforcement officers. For
purposes of this Section, "criminal street gang" has the
meaning ascribed to it in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
amount of bail;

SB3642 - 1768 - LRB101 20589 WGH 70218 b
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to

SB3642 - 1769 - LRB101 20589 WGH 70218 b
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the Criminal
Code of 1961 or the Criminal Code of 2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the

SB3642 - 1770 - LRB101 20589 WGH 70218 b
Criminal Code of 1961 or the Criminal Code of 2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record
of that child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be referred
to in-school or community-based social services if
those services are available. "Rehabilitation
services" may include interventions by school support
personnel, evaluation for eligibility for special
education, referrals to community-based agencies such
as youth services, behavioral healthcare service
providers, drug and alcohol prevention or treatment
programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject

SB3642 - 1771 - LRB101 20589 WGH 70218 b
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the
appropriate school official or officials to protect
the safety of students and employees in the school and
aid in the proper rehabilitation of the child. The
information derived orally from the local law
enforcement officials shall be kept separate from and
shall not become a part of the official school record
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity.
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement

SB3642 - 1772 - LRB101 20589 WGH 70218 b
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information
obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent
persons commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district
by the Illinois Department of State Police under Section
8-23 of the Park District Code or Section 16a-5 of the
Chicago Park District Act concerning a person who is
seeking employment with that park district and who has been
adjudicated a juvenile delinquent for any of the offenses
listed in subsection (c) of Section 8-23 of the Park
District Code or subsection (c) of Section 16a-5 of the
Chicago Park District Act.
(11) Persons managing and designated to participate in
a court diversion program as designated in subsection (6)
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of
Information Act.
(13) Collection agencies, contracted or otherwise

SB3642 - 1773 - LRB101 20589 WGH 70218 b
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, the Illinois
Department of State Police, or to the Federal Bureau of
Investigation any fingerprint or photograph relating to a minor
who has been arrested or taken into custody before his or her
18th birthday, unless the court in proceedings under this Act
authorizes the transmission or enters an order under Section
5-805 permitting or requiring the institution of criminal
proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Illinois Department of State Police
copies of fingerprints and descriptions of all minors who have
been arrested or taken into custody before their 18th birthday
for the offense of unlawful use of weapons under Article 24 of
the Criminal Code of 1961 or the Criminal Code of 2012, a Class
X or Class 1 felony, a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal Code of 2012,
or a Class 2 or greater felony under the Cannabis Control Act,
the Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that

SB3642 - 1774 - LRB101 20589 WGH 70218 b
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile court
case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be

SB3642 - 1775 - LRB101 20589 WGH 70218 b
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law

SB3642 - 1776 - LRB101 20589 WGH 70218 b
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any federal
government, state, county or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the
applicant's 18th birthday.
(G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall prohibit
the victim or alleged victim of any sex offense from
voluntarily disclosing his or her own identity.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the

SB3642 - 1777 - LRB101 20589 WGH 70218 b
effective date of Public Act 98-61).
(H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.
(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.
(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
12-20-18.)
(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual

SB3642 - 1778 - LRB101 20589 WGH 70218 b
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use
is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his or her
parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing an
arrest or search warrant or other compulsory process, or to
conducting an ongoing investigation or relating to a minor
who has been adjudicated delinquent and there has been a
previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a

SB3642 - 1779 - LRB101 20589 WGH 70218 b
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the amount of
bail;

SB3642 - 1780 - LRB101 20589 WGH 70218 b
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including a
hearing to determine the amount of bail, a pre-trial
investigation, a pre-sentence investigation, a fitness
hearing, or proceedings on an application for
probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court and
the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity and
protects the confidentiality of the record.

SB3642 - 1781 - LRB101 20589 WGH 70218 b
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this
paragraph (11) may be used only in sexually violent persons
commitment proceedings.
(12) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be

SB3642 - 1782 - LRB101 20589 WGH 70218 b
disclosed, in a manner and form approved by the Presiding Judge
of the Juvenile Court, to the Department of Healthcare and
Family Services when necessary to discharge the duties of the
Department of Healthcare and Family Services under Article X of
the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records are
sought.
(0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor, and

SB3642 - 1783 - LRB101 20589 WGH 70218 b
the minor's parents, guardian, and counsel shall at all times
have the right to examine court files and records.
(0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding, or
operate to disqualify a minor from subsequently holding public
office, or operate as a forfeiture of any public benefit,
right, privilege, or right to receive any license granted by
public authority.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the federal
government, or any state, county, or municipality examining the
character and fitness of an applicant for employment with a law
enforcement agency, correctional institution, or fire
department to ascertain whether that applicant was ever
adjudicated to be a delinquent minor and, if so, to examine the
records of disposition or evidence which were made in

SB3642 - 1784 - LRB101 20589 WGH 70218 b
proceedings under this Act.
(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school. Access
to the dispositional order shall be limited to the principal or
chief administrative officer of the school and any guidance
counselor designated by him or her.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under Article
II had been heard in a different county, that court shall
request, and the court in which the earlier proceedings were
initiated shall transmit, an authenticated copy of the juvenile
court record, including all documents, petitions, and orders
filed and the minute orders, transcript of proceedings, and
docket entries of the court.

SB3642 - 1785 - LRB101 20589 WGH 70218 b
(I) The Clerk of the Circuit Court shall report to the
Illinois Department of State Police, in the form and manner
required by the Illinois Department of State Police, the final
disposition of each minor who has been arrested or taken into
custody before his or her 18th birthday for those offenses
required to be reported under Section 5 of the Criminal
Identification Act. Information reported to the Department
under this Section may be maintained with records that the
Department files under Section 2.1 of the Criminal
Identification Act.
(J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
(L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
100-1162, eff. 12-20-18.)
(705 ILCS 405/2-21) (from Ch. 37, par. 802-21)
Sec. 2-21. Findings and adjudication.

SB3642 - 1786 - LRB101 20589 WGH 70218 b
(1) The court shall state for the record the manner in
which the parties received service of process and shall note
whether the return or returns of service, postal return receipt
or receipts for notice by certified mail, or certificate or
certificates of publication have been filed in the court
record. The court shall enter any appropriate orders of default
against any parent who has been properly served in any manner
and fails to appear.
No further service of process as defined in Sections 2-15
and 2-16 is required in any subsequent proceeding for a parent
who was properly served in any manner, except as required by
Supreme Court Rule 11.
The caseworker shall testify about the diligent search
conducted for the parent.
After hearing the evidence the court shall determine
whether or not the minor is abused, neglected, or dependent. If
it finds that the minor is not such a person, the court shall
order the petition dismissed and the minor discharged. The
court's determination of whether the minor is abused,
neglected, or dependent shall be stated in writing with the
factual basis supporting that determination.
If the court finds that the minor is abused, neglected, or
dependent, the court shall then determine and put in writing
the factual basis supporting that determination, and specify,
to the extent possible, the acts or omissions or both of each
parent, guardian, or legal custodian that form the basis of the

SB3642 - 1787 - LRB101 20589 WGH 70218 b
court's findings. That finding shall appear in the order of the
court.
If the court finds that the child has been abused,
neglected or dependent, the court shall admonish the parents
that they must cooperate with the Department of Children and
Family Services, comply with the terms of the service plan, and
correct the conditions that require the child to be in care, or
risk termination of parental rights.
If the court determines that a person has inflicted
physical or sexual abuse upon a minor, the court shall report
that determination to the Illinois Department of State Police,
which shall include that information in its report to the
President of the school board for a school district that
requests a criminal history records check of that person, or
the regional superintendent of schools who requests a check of
that person, as required under Section 10-21.9 or 34-18.5 of
the School Code.
(2) If, pursuant to subsection (1) of this Section, the
court determines and puts in writing the factual basis
supporting the determination that the minor is either abused or
neglected or dependent, the court shall then set a time not
later than 30 days after the entry of the finding for a
dispositional hearing (unless an earlier date is required
pursuant to Section 2-13.1) to be conducted under Section 2-22
at which hearing the court shall determine whether it is
consistent with the health, safety and best interests of the

SB3642 - 1788 - LRB101 20589 WGH 70218 b
minor and the public that he be made a ward of the court. To
assist the court in making this and other determinations at the
dispositional hearing, the court may order that an
investigation be conducted and a dispositional report be
prepared concerning the minor's physical and mental history and
condition, family situation and background, economic status,
education, occupation, history of delinquency or criminality,
personal habits, and any other information that may be helpful
to the court. The dispositional hearing may be continued once
for a period not to exceed 30 days if the court finds that such
continuance is necessary to complete the dispositional report.
(3) The time limits of this Section may be waived only by
consent of all parties and approval by the court, as determined
to be consistent with the health, safety and best interests of
the minor.
(4) For all cases adjudicated prior to July 1, 1991, for
which no dispositional hearing has been held prior to that
date, a dispositional hearing under Section 2-22 shall be held
within 90 days of July 1, 1991.
(5) The court may terminate the parental rights of a parent
at the initial dispositional hearing if all of the following
conditions are met:
(i) the original or amended petition contains a request
for termination of parental rights and appointment of a
guardian with power to consent to adoption; and
(ii) the court has found by a preponderance of

SB3642 - 1789 - LRB101 20589 WGH 70218 b
evidence, introduced or stipulated to at an adjudicatory
hearing, that the child comes under the jurisdiction of the
court as an abused, neglected, or dependent minor under
Section 2-18; and
(iii) the court finds, on the basis of clear and
convincing evidence admitted at the adjudicatory hearing
that the parent is an unfit person under subdivision D of
Section 1 of the Adoption Act; and
(iv) the court determines in accordance with the rules
of evidence for dispositional proceedings, that:
(A) it is in the best interest of the minor and
public that the child be made a ward of the court;
(A-5) reasonable efforts under subsection (l-1) of
Section 5 of the Children and Family Services Act are
inappropriate or such efforts were made and were
unsuccessful; and
(B) termination of parental rights and appointment
of a guardian with power to consent to adoption is in
the best interest of the child pursuant to Section
2-29.
(Source: P.A. 93-909, eff. 8-12-04.)
(705 ILCS 405/2-25) (from Ch. 37, par. 802-25)
Sec. 2-25. Order of protection.
(1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.

SB3642 - 1790 - LRB101 20589 WGH 70218 b
The order of protection shall be based on the health, safety
and best interests of the minor and may set forth reasonable
conditions of behavior to be observed for a specified period.
Such an order may require a person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated
periods;
(c) to abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to which
custody of a minor is entrusted by the court or with an
agency or association to which the minor is referred by the
court;
(f) to prohibit and prevent any contact whatsoever with
the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) to refrain from acts of commission or omission that
tend to make the home not a proper place for the minor;
(h) to refrain from contacting the minor and the foster
parents in any manner that is not specified in writing in
the case plan.
(2) The court shall enter an order of protection to

SB3642 - 1791 - LRB101 20589 WGH 70218 b
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery or aggravated battery under subdivision
(a)(2) of Section 12-3.05, aggravated battery of a child or
aggravated battery under subdivision (b)(1) of Section
12-3.05, criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse as described
in the Criminal Code of 1961 or the Criminal Code of 2012, or
has been convicted of an offense that resulted in the death of
a child, or has violated a previous order of protection under
this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the Illinois
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Illinois
Department of State Police shall maintain a complete record and
index of such orders of protection and make this data available
to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the health, safety,

SB3642 - 1792 - LRB101 20589 WGH 70218 b
and best interests of the minor and the public will be served
thereby.
(5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act if
such an order is consistent with the health, safety, and best
interests of the minor. Any person against whom an order of
protection is sought may retain counsel to represent him at a
hearing, and has rights to be present at the hearing, to be
informed prior to the hearing in writing of the contents of the
petition seeking a protective order and of the date, place and
time of such hearing, and to cross examine witnesses called by
the petitioner and to present witnesses and argument in
opposition to the relief sought in the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a
temporary custody hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify such person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a temporary custody hearing, the court may not
conduct a hearing on the petition in the absence of the person

SB3642 - 1793 - LRB101 20589 WGH 70218 b
against whom the order is sought unless the petitioner has
notified such person by personal service at least 3 days before
the hearing or has sent written notice by first class mail to
such person's last known address at least 5 days before the
hearing.
(7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
(8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
Any modification of the order granted by the court must be

SB3642 - 1794 - LRB101 20589 WGH 70218 b
determined to be consistent with the best interests of the
minor.
(9) If a petition is filed charging a violation of a
condition contained in the protective order and if the court
determines that this violation is of a critical service
necessary to the safety and welfare of the minor, the court may
proceed to findings and an order for temporary custody.
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13.)
(705 ILCS 405/3-26) (from Ch. 37, par. 803-26)
Sec. 3-26. Order of protection.
(1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated
periods;
(c) To abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to which

SB3642 - 1795 - LRB101 20589 WGH 70218 b
custody of a minor is entrusted by the court or with an
agency or association to which the minor is referred by the
court;
(f) To prohibit and prevent any contact whatsoever with
the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission that
tend to make the home not a proper place for the minor.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery or aggravated battery under subdivision
(a)(2) of Section 12-3.05, aggravated battery of a child or
aggravated battery under subdivision (b)(1) of Section
12-3.05, criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse as described
in the Criminal Code of 1961 or the Criminal Code of 2012, or
has been convicted of an offense that resulted in the death of
a child, or has violated a previous order of protection under
this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct

SB3642 - 1796 - LRB101 20589 WGH 70218 b
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the Illinois
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Illinois
Department of State Police shall maintain a complete record and
index of such orders of protection and make this data available
to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.
(5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and

SB3642 - 1797 - LRB101 20589 WGH 70218 b
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known
address at least 5 days before the hearing.
(7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
(8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the

SB3642 - 1798 - LRB101 20589 WGH 70218 b
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11;
96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13.)
(705 ILCS 405/4-23) (from Ch. 37, par. 804-23)
Sec. 4-23. Order of protection.
(1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of
behavior to be observed for a specified period. Such an order
may require a person:
(a) To stay away from the home or the minor;
(b) To permit a parent to visit the minor at stated
periods;
(c) To abstain from offensive conduct against the
minor, his parent or any person to whom custody of the
minor is awarded;
(d) To give proper attention to the care of the home;
(e) To cooperate in good faith with an agency to which

SB3642 - 1799 - LRB101 20589 WGH 70218 b
custody of a minor is entrusted by the court or with an
agency or association to which the minor is referred by the
court;
(f) To prohibit and prevent any contact whatsoever with
the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) To refrain from acts of commission or omission that
tend to make the home not a proper place for the minor.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery or aggravated battery under subdivision
(a)(2) of Section 12-3.05, aggravated battery of a child or
aggravated battery under subdivision (b)(1) of Section
12-3.05, criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse as described
in the Criminal Code of 1961 or the Criminal Code of 2012, or
has been convicted of an offense that resulted in the death of
a child, or has violated a previous order of protection under
this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct

SB3642 - 1800 - LRB101 20589 WGH 70218 b
a copy of such order to the Sheriff of that county. The Sheriff
shall furnish a copy of the order of protection to the Illinois
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Illinois
Department of State Police shall maintain a complete record and
index of such orders of protection and make this data available
to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served thereby.
(5) An order of protection may be sought at any time during
the course of any proceeding conducted pursuant to this Act.
Any person against whom an order of protection is sought may
retain counsel to represent him at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place and time of such hearing, and to
cross examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and

SB3642 - 1801 - LRB101 20589 WGH 70218 b
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care hearing, if the court finds that the person against whom
the protective order is being sought has been notified of the
hearing or that diligent efforts have been made to notify such
person, the court may conduct a hearing. If a protective order
is sought at any time other than in conjunction with a shelter
care hearing, the court may not conduct a hearing on the
petition in the absence of the person against whom the order is
sought unless the petitioner has notified such person by
personal service at least 3 days before the hearing or has sent
written notice by first class mail to such person's last known
address at least 5 days before the hearing.
(7) A person against whom an order of protection is being
sought who is neither a parent, guardian, legal custodian or
responsible relative as described in Section 1-5 is not a party
or respondent as defined in that Section and shall not be
entitled to the rights provided therein. Such person does not
have a right to appointed counsel or to be present at any
hearing other than the hearing in which the order of protection
is being sought or a hearing directly pertaining to that order.
Unless the court orders otherwise, such person does not have a
right to inspect the court file.
(8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the

SB3642 - 1802 - LRB101 20589 WGH 70218 b
sheriff, other law enforcement official or special process
server shall promptly serve that order upon that person and
file proof of such service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13.)
(705 ILCS 405/5-105)
Sec. 5-105. Definitions. As used in this Article:
(1) "Aftercare release" means the conditional and
revocable release of an adjudicated delinquent juvenile
committed to the Department of Juvenile Justice under the
supervision of the Department of Juvenile Justice.
(1.5) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for
a community service agency as hereinafter defined.
(2.5) "Community service agency" means a
not-for-profit organization, community organization,
church, charitable organization, individual, public
office, or other public body whose purpose is to enhance

SB3642 - 1803 - LRB101 20589 WGH 70218 b
the physical or mental health of a delinquent minor or to
rehabilitate the minor, or to improve the environmental
quality or social welfare of the community which agrees to
accept community service from juvenile delinquents and to
report on the progress of the community service to the
State's Attorney pursuant to an agreement or to the court
or to any agency designated by the court or to the
authorized diversion program that has referred the
delinquent minor for community service.
(3) "Delinquent minor" means any minor who prior to his
or her 18th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal, State,
county or municipal law or ordinance.
(4) "Department" means the Department of Human
Services unless specifically referenced as another
department.
(5) "Detention" means the temporary care of a minor who
is alleged to be or has been adjudicated delinquent and who
requires secure custody for the minor's own protection or
the community's protection in a facility designed to
physically restrict the minor's movements, pending
disposition by the court or execution of an order of the
court for placement or commitment. Design features that
physically restrict movement include, but are not limited
to, locked rooms and the secure handcuffing of a minor to a
rail or other stationary object. In addition, "detention"

SB3642 - 1804 - LRB101 20589 WGH 70218 b
includes the court ordered care of an alleged or
adjudicated delinquent minor who requires secure custody
pursuant to Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile,
without court intervention, into a program that provides
services designed to educate the juvenile and develop a
productive and responsible approach to living in the
community.
(7) "Juvenile detention home" means a public facility
with specially trained staff that conforms to the county
juvenile detention standards adopted by the Department of
Juvenile Justice.
(8) "Juvenile justice continuum" means a set of
delinquency prevention programs and services designed for
the purpose of preventing or reducing delinquent acts,
including criminal activity by youth gangs, as well as
intervention, rehabilitation, and prevention services
targeted at minors who have committed delinquent acts, and
minors who have previously been committed to residential
treatment programs for delinquents. The term includes
children-in-need-of-services and
families-in-need-of-services programs; aftercare and
reentry services; substance abuse and mental health
programs; community service programs; community service
work programs; and alternative-dispute resolution programs
serving youth-at-risk of delinquency and their families,

SB3642 - 1805 - LRB101 20589 WGH 70218 b
whether offered or delivered by State or local governmental
entities, public or private for-profit or not-for-profit
organizations, or religious or charitable organizations.
This term would also encompass any program or service
consistent with the purpose of those programs and services
enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police
officer who has completed a Basic Recruit Training Course,
has been assigned to the position of juvenile police
officer by his or her chief law enforcement officer and has
completed the necessary juvenile officers training as
prescribed by the Illinois Law Enforcement Training
Standards Board, or in the case of a State police officer,
juvenile officer training approved by the Director of the
Illinois State Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a
locked cell or room, by being handcuffed to a rail or other
stationary object, or by other means. Non-secure custody
may include, but is not limited to, electronic monitoring,
foster home placement, home confinement, group home
placement, or physical restriction of movement or activity
solely through facility staff.
(12) "Public or community service" means uncompensated

SB3642 - 1806 - LRB101 20589 WGH 70218 b
labor for a not-for-profit organization or public body
whose purpose is to enhance physical or mental stability of
the offender, environmental quality or the social welfare
and which agrees to accept public or community service from
offenders and to report on the progress of the offender and
the public or community service to the court or to the
authorized diversion program that has referred the
offender for public or community service. "Public or
community service" does not include blood donation or
assignment to labor at a blood bank. For the purposes of
this Act, "blood bank" has the meaning ascribed to the term
in Section 2-124 of the Illinois Clinical Laboratory and
Blood Bank Act.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and
to determine what sentence should be imposed on the minor.
It is the intent of the General Assembly that the term
"sentencing hearing" replace the term "dispositional
hearing" and be synonymous with that definition as it was
used in the Juvenile Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court
disposition or execution of court order for placement.
(15) "Site" means a not-for-profit organization,
public body, church, charitable organization, or
individual agreeing to accept community service from

SB3642 - 1807 - LRB101 20589 WGH 70218 b
offenders and to report on the progress of ordered or
required public or community service to the court or to the
authorized diversion program that has referred the
offender for public or community service.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police
officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor
is delinquent are proved beyond a reasonable doubt. It is
the intent of the General Assembly that the term "trial"
replace the term "adjudicatory hearing" and be synonymous
with that definition as it was used in the Juvenile Court
Act of 1987.
The changes made to this Section by Public Act 98-61 apply
to violations or attempted violations committed on or after
January 1, 2014 (the effective date of Public Act 98-61).
(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,
eff. 7-20-15.)
(705 ILCS 405/5-301)
Sec. 5-301. Station adjustments. A minor arrested for any
offense or a violation of a condition of previous station
adjustment may receive a station adjustment for that arrest as
provided herein. In deciding whether to impose a station

SB3642 - 1808 - LRB101 20589 WGH 70218 b
adjustment, either informal or formal, a juvenile police
officer shall consider the following factors:
(A) The seriousness of the alleged offense.
(B) The prior history of delinquency of the minor.
(C) The age of the minor.
(D) The culpability of the minor in committing the
alleged offense.
(E) Whether the offense was committed in an aggressive
or premeditated manner.
(F) Whether the minor used or possessed a deadly weapon
when committing the alleged offenses.
(1) Informal station adjustment.
(a) An informal station adjustment is defined as a
procedure when a juvenile police officer determines that
there is probable cause to believe that the minor has
committed an offense.
(b) A minor shall receive no more than 3 informal
station adjustments statewide for a misdemeanor offense
within 3 years without prior approval from the State's
Attorney's Office.
(c) A minor shall receive no more than 3 informal
station adjustments statewide for a felony offense within 3
years without prior approval from the State's Attorney's
Office.
(d) A minor shall receive a combined total of no more
than 5 informal station adjustments statewide during his or

SB3642 - 1809 - LRB101 20589 WGH 70218 b
her minority.
(e) The juvenile police officer may make reasonable
conditions of an informal station adjustment which may
include but are not limited to:
(i) Curfew.
(ii) Conditions restricting entry into designated
geographical areas.
(iii) No contact with specified persons.
(iv) School attendance.
(v) Performing up to 25 hours of community service
work.
(vi) Community mediation.
(vii) Teen court or a peer court.
(viii) Restitution limited to 90 days.
(f) If the minor refuses or fails to abide by the
conditions of an informal station adjustment, the juvenile
police officer may impose a formal station adjustment or
refer the matter to the State's Attorney's Office.
(g) An informal station adjustment does not constitute
an adjudication of delinquency or a criminal conviction.
Beginning January 1, 2000, a record shall be maintained
with the Illinois Department of State Police for informal
station adjustments for offenses that would be a felony if
committed by an adult, and may be maintained if the offense
would be a misdemeanor.
(2) Formal station adjustment.

SB3642 - 1810 - LRB101 20589 WGH 70218 b
(a) A formal station adjustment is defined as a
procedure when a juvenile police officer determines that
there is probable cause to believe the minor has committed
an offense and an admission by the minor of involvement in
the offense.
(b) The minor and parent, guardian, or legal custodian
must agree in writing to the formal station adjustment and
must be advised of the consequences of violation of any
term of the agreement.
(c) The minor and parent, guardian or legal custodian
shall be provided a copy of the signed agreement of the
formal station adjustment. The agreement shall include:
(i) The offense which formed the basis of the
formal station adjustment.
(ii) An acknowledgment that the terms of the formal
station adjustment and the consequences for violation
have been explained.
(iii) An acknowledgment that the formal station
adjustments record may be expunged under Section 5-915
of this Act.
(iv) An acknowledgment acknowledgement that the
minor understands that his or her admission of
involvement in the offense may be admitted into
evidence in future court hearings.
(v) A statement that all parties understand the
terms and conditions of formal station adjustment and

SB3642 - 1811 - LRB101 20589 WGH 70218 b
agree to the formal station adjustment process.
(d) Conditions of the formal station adjustment may
include, but are not limited to:
(i) The time shall not exceed 120 days.
(ii) The minor shall not violate any laws.
(iii) The juvenile police officer may require the
minor to comply with additional conditions for the
formal station adjustment which may include but are not
limited to:
(a) Attending school.
(b) Abiding by a set curfew.
(c) Payment of restitution.
(d) Refraining from possessing a firearm or
other weapon.
(e) Reporting to a police officer at
designated times and places, including reporting
and verification that the minor is at home at
designated hours.
(f) Performing up to 25 hours of community
service work.
(g) Refraining from entering designated
geographical areas.
(h) Participating in community mediation.
(i) Participating in teen court or peer court.
(j) Refraining from contact with specified
persons.

SB3642 - 1812 - LRB101 20589 WGH 70218 b
(e) A formal station adjustment does not constitute an
adjudication of delinquency or a criminal conviction.
Beginning January 1, 2000, a record shall be maintained
with the Illinois Department of State Police for formal
station adjustments.
(f) A minor or the minor's parent, guardian, or legal
custodian, or both the minor and the minor's parent,
guardian, or legal custodian, may refuse a formal station
adjustment and have the matter referred for court action or
other appropriate action.
(g) A minor or the minor's parent, guardian, or legal
custodian, or both the minor and the minor's parent,
guardian, or legal custodian, may within 30 days of the
commencement of the formal station adjustment revoke their
consent and have the matter referred for court action or
other appropriate action. This revocation must be in
writing and personally served upon the police officer or
his or her supervisor.
(h) The admission of the minor as to involvement in the
offense shall be admissible at further court hearings as
long as the statement would be admissible under the rules
of evidence.
(i) If the minor violates any term or condition of the
formal station adjustment the juvenile police officer
shall provide written notice of violation to the minor and
the minor's parent, guardian, or legal custodian. After

SB3642 - 1813 - LRB101 20589 WGH 70218 b
consultation with the minor and the minor's parent,
guardian, or legal custodian, the juvenile police officer
may take any of the following steps upon violation:
(i) Warn the minor of consequences of continued
violations and continue the formal station adjustment.
(ii) Extend the period of the formal station
adjustment up to a total of 180 days.
(iii) Extend the hours of community service work up
to a total of 40 hours.
(iv) Terminate the formal station adjustment
unsatisfactorily and take no other action.
(v) Terminate the formal station adjustment
unsatisfactorily and refer the matter to the juvenile
court.
(j) A minor shall receive no more than 2 formal station
adjustments statewide for a felony offense without the
State's Attorney's approval within a 3 year period.
(k) A minor shall receive no more than 3 formal station
adjustments statewide for a misdemeanor offense without
the State's Attorney's approval within a 3 year period.
(l) The total for formal station adjustments statewide
within the period of minority may not exceed 4 without the
State's Attorney's approval.
(m) If the minor is arrested in a jurisdiction where
the minor does not reside, the formal station adjustment
may be transferred to the jurisdiction where the minor does

SB3642 - 1814 - LRB101 20589 WGH 70218 b
reside upon written agreement of that jurisdiction to
monitor the formal station adjustment.
(3) Beginning January 1, 2000, the juvenile police officer
making a station adjustment shall assure that information about
any offense which would constitute a felony if committed by an
adult and may assure that information about a misdemeanor is
transmitted to the Illinois Department of State Police.
(4) The total number of station adjustments, both formal
and informal, shall not exceed 9 without the State's Attorney's
approval for any minor arrested anywhere in the State.
(Source: P.A. 99-78, eff. 7-20-15.)
(705 ILCS 405/5-305)
Sec. 5-305. Probation adjustment.
(1) The court may authorize the probation officer to confer
in a preliminary conference with a minor who is alleged to have
committed an offense, his or her parent, guardian or legal
custodian, the victim, the juvenile police officer, the State's
Attorney, and other interested persons concerning the
advisability of filing a petition under Section 5-520, with a
view to adjusting suitable cases without the filing of a
petition as provided for in this Article, the probation officer
should schedule a conference promptly except when the State's
Attorney insists on court action or when the minor has
indicated that he or she will demand a judicial hearing and
will not comply with a probation adjustment.

SB3642 - 1815 - LRB101 20589 WGH 70218 b
(1-b) In any case of a minor who is in custody, the holding
of a probation adjustment conference does not operate to
prolong temporary custody beyond the period permitted by
Section 5-415.
(2) This Section does not authorize any probation officer
to compel any person to appear at any conference, produce any
papers, or visit any place.
(3) No statement made during a preliminary conference in
regard to the offense that is the subject of the conference may
be admitted into evidence at an adjudicatory hearing or at any
proceeding against the minor under the criminal laws of this
State prior to his or her conviction under those laws.
(4) When a probation adjustment is appropriate, the
probation officer shall promptly formulate a written,
non-judicial adjustment plan following the initial conference.
(5) Non-judicial probation adjustment plans include but
are not limited to the following:
(a) up to 6 months informal supervision within the
family;
(b) up to 12 months informal supervision with a
probation officer involved which may include any
conditions of probation provided in Section 5-715;
(c) up to 6 months informal supervision with release to
a person other than a parent;
(d) referral to special educational, counseling, or
other rehabilitative social or educational programs;

SB3642 - 1816 - LRB101 20589 WGH 70218 b
(e) referral to residential treatment programs;
(f) participation in a public or community service
program or activity; and
(g) any other appropriate action with the consent of
the minor and a parent.
(6) The factors to be considered by the probation officer
in formulating a non-judicial probation adjustment plan shall
be the same as those limited in subsection (4) of Section
5-405.
(7) Beginning January 1, 2000, the probation officer who
imposes a probation adjustment plan shall assure that
information about an offense which would constitute a felony if
committed by an adult, and may assure that information about a
misdemeanor offense, is transmitted to the Illinois Department
of State Police.
(8) If the minor fails to comply with any term or condition
of the non-judicial probation adjustment, the matter shall be
referred to the State's Attorney for determination of whether a
petition under this Article shall be filed.
(Source: P.A. 98-892, eff. 1-1-15.)
(705 ILCS 405/5-730)
Sec. 5-730. Order of protection.
(1) The court may make an order of protection in assistance
of or as a condition of any other order authorized by this Act.
The order of protection may set forth reasonable conditions of

SB3642 - 1817 - LRB101 20589 WGH 70218 b
behavior to be observed for a specified period. The order may
require a person:
(a) to stay away from the home or the minor;
(b) to permit a parent to visit the minor at stated
periods;
(c) to abstain from offensive conduct against the
minor, his or her parent or any person to whom custody of
the minor is awarded;
(d) to give proper attention to the care of the home;
(e) to cooperate in good faith with an agency to which
custody of a minor is entrusted by the court or with an
agency or association to which the minor is referred by the
court;
(f) to prohibit and prevent any contact whatsoever with
the respondent minor by a specified individual or
individuals who are alleged in either a criminal or
juvenile proceeding to have caused injury to a respondent
minor or a sibling of a respondent minor;
(g) to refrain from acts of commission or omission that
tend to make the home not a proper place for the minor.
(2) The court shall enter an order of protection to
prohibit and prevent any contact between a respondent minor or
a sibling of a respondent minor and any person named in a
petition seeking an order of protection who has been convicted
of heinous battery or aggravated battery under subdivision
(a)(2) of Section 12-3.05, aggravated battery of a child or

SB3642 - 1818 - LRB101 20589 WGH 70218 b
aggravated battery under subdivision (b)(1) of Section
12-3.05, criminal sexual assault, aggravated criminal sexual
assault, predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse as described
in the Criminal Code of 1961 or the Criminal Code of 2012, or
has been convicted of an offense that resulted in the death of
a child, or has violated a previous order of protection under
this Section.
(3) When the court issues an order of protection against
any person as provided by this Section, the court shall direct
a copy of such order to the sheriff of that county. The sheriff
shall furnish a copy of the order of protection to the Illinois
Department of State Police within 24 hours of receipt, in the
form and manner required by the Department. The Illinois
Department of State Police shall maintain a complete record and
index of the orders of protection and make this data available
to all local law enforcement agencies.
(4) After notice and opportunity for hearing afforded to a
person subject to an order of protection, the order may be
modified or extended for a further specified period or both or
may be terminated if the court finds that the best interests of
the minor and the public will be served by the modification,
extension, or termination.
(5) An order of protection may be sought at any time during
the course of any proceeding conducted under this Act. Any
person against whom an order of protection is sought may retain

SB3642 - 1819 - LRB101 20589 WGH 70218 b
counsel to represent him or her at a hearing, and has rights to
be present at the hearing, to be informed prior to the hearing
in writing of the contents of the petition seeking a protective
order and of the date, place, and time of the hearing, and to
cross-examine witnesses called by the petitioner and to present
witnesses and argument in opposition to the relief sought in
the petition.
(6) Diligent efforts shall be made by the petitioner to
serve any person or persons against whom any order of
protection is sought with written notice of the contents of the
petition seeking a protective order and of the date, place and
time at which the hearing on the petition is to be held. When a
protective order is being sought in conjunction with a shelter
care or detention hearing, if the court finds that the person
against whom the protective order is being sought has been
notified of the hearing or that diligent efforts have been made
to notify the person, the court may conduct a hearing. If a
protective order is sought at any time other than in
conjunction with a shelter care or detention hearing, the court
may not conduct a hearing on the petition in the absence of the
person against whom the order is sought unless the petitioner
has notified the person by personal service at least 3 days
before the hearing or has sent written notice by first class
mail to the person's last known address at least 5 days before
the hearing.
(7) A person against whom an order of protection is being

SB3642 - 1820 - LRB101 20589 WGH 70218 b
sought who is neither a parent, guardian, or legal custodian or
responsible relative as described in Section 1-5 of this Act or
is not a party or respondent as defined in that Section shall
not be entitled to the rights provided in that Section. The
person does not have a right to appointed counsel or to be
present at any hearing other than the hearing in which the
order of protection is being sought or a hearing directly
pertaining to that order. Unless the court orders otherwise,
the person does not have a right to inspect the court file.
(8) All protective orders entered under this Section shall
be in writing. Unless the person against whom the order was
obtained was present in court when the order was issued, the
sheriff, other law enforcement official, or special process
server shall promptly serve that order upon that person and
file proof of that service, in the manner provided for service
of process in civil proceedings. The person against whom the
protective order was obtained may seek a modification of the
order by filing a written motion to modify the order within 7
days after actual receipt by the person of a copy of the order.
(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
96-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
1-1-13; 97-1150, eff. 1-25-13.)
(705 ILCS 405/5-901)
Sec. 5-901. Court file.
(1) The Court file with respect to proceedings under this

SB3642 - 1821 - LRB101 20589 WGH 70218 b
Article shall consist of the petitions, pleadings, victim
impact statements, process, service of process, orders, writs
and docket entries reflecting hearings held and judgments and
decrees entered by the court. The court file shall be kept
separate from other records of the court.
(a) The file, including information identifying the
victim or alleged victim of any sex offense, shall be
disclosed only to the following parties when necessary for
discharge of their official duties:
(i) A judge of the circuit court and members of the
staff of the court designated by the judge;
(ii) Parties to the proceedings and their
attorneys;
(iii) Victims and their attorneys, except in cases
of multiple victims of sex offenses in which case the
information identifying the nonrequesting victims
shall be redacted;
(iv) Probation officers, law enforcement officers
or prosecutors or their staff;
(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any information
identifying the victim or alleged victim of any sex offense
shall be disclosed only to the following parties when
necessary for discharge of their official duties:
(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with

SB3642 - 1822 - LRB101 20589 WGH 70218 b
the permission of the judge of the juvenile court and
the chief executive of the agency that prepared the
particular recording: provided that publication of
such research results in no disclosure of a minor's
identity and protects the confidentiality of the
record;
(iii) The Secretary of State to whom the Clerk of
the Court shall report the disposition of all cases, as
required in Section 6-204 or Section 6-205.1 of the
Illinois Vehicle Code. However, information reported
relative to these offenses shall be privileged and
available only to the Secretary of State, courts, and
police officers;
(iv) The administrator of a bonafide substance
abuse student assistance program with the permission
of the presiding judge of the juvenile court;
(v) Any individual, or any public or private agency
or institution, having custody of the juvenile under
court order or providing educational, medical or
mental health services to the juvenile or a
court-approved advocate for the juvenile or any
placement provider or potential placement provider as
determined by the court.
(3) A minor who is the victim or alleged victim in a
juvenile proceeding shall be provided the same confidentiality
regarding disclosure of identity as the minor who is the

SB3642 - 1823 - LRB101 20589 WGH 70218 b
subject of record. Information identifying victims and alleged
victims of sex offenses, shall not be disclosed or open to
public inspection under any circumstances. Nothing in this
Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(4) Relevant information, reports and records shall be made
available to the Department of Juvenile Justice when a juvenile
offender has been placed in the custody of the Department of
Juvenile Justice.
(5) Except as otherwise provided in this subsection (5),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his or her parents, guardian
and counsel shall at all times have the right to examine court
files and records.
(a) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
adjudicated a delinquent minor under this Act under either
of the following circumstances:
(i) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt
to commit first degree murder, aggravated criminal
sexual assault, or criminal sexual assault; or
(ii) The court has made a finding that the minor

SB3642 - 1824 - LRB101 20589 WGH 70218 b
was at least 13 years of age at the time the act was
committed and the adjudication of delinquency was
based upon the minor's commission of: (A) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (B) an act
involving the use of a firearm in the commission of a
felony, (C) an act that would be a Class X felony
offense under or the minor's second or subsequent Class
2 or greater felony offense under the Cannabis Control
Act if committed by an adult, (D) an act that would be
a second or subsequent offense under Section 402 of the
Illinois Controlled Substances Act if committed by an
adult, (E) an act that would be an offense under
Section 401 of the Illinois Controlled Substances Act
if committed by an adult, or (F) an act that would be
an offense under the Methamphetamine Control and
Community Protection Act if committed by an adult.
(b) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is
committed and who is convicted, in criminal proceedings
permitted or required under Section 5-805, under either of
the following circumstances:
(i) The minor has been convicted of first degree
murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual

SB3642 - 1825 - LRB101 20589 WGH 70218 b
assault,
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the offense
was committed and the conviction was based upon the
minor's commission of: (A) an offense in furtherance of
the commission of a felony as a member of or on behalf
of a criminal street gang, (B) an offense involving the
use of a firearm in the commission of a felony, (C) a
Class X felony offense under the Cannabis Control Act
or a second or subsequent Class 2 or greater felony
offense under the Cannabis Control Act, (D) a second or
subsequent offense under Section 402 of the Illinois
Controlled Substances Act, (E) an offense under
Section 401 of the Illinois Controlled Substances Act,
or (F) an offense under the Methamphetamine Control and
Community Protection Act.
(6) Nothing in this Section shall be construed to limit the
use of an a adjudication of delinquency as evidence in any
juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not
limited to, use as impeachment evidence against any witness,
including the minor if he or she testifies.
(7) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining the
character and fitness of an applicant for a position as a law
enforcement officer to ascertain whether that applicant was

SB3642 - 1826 - LRB101 20589 WGH 70218 b
ever adjudicated to be a delinquent minor and, if so, to
examine the records or evidence which were made in proceedings
under this Act.
(8) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the sentencing order to the principal
or chief administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any guidance counselor
designated by him or her.
(9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(11) The Clerk of the Circuit Court shall report to the
Illinois Department of State Police, in the form and manner
required by the Illinois Department of State Police, the final
disposition of each minor who has been arrested or taken into
custody before his or her 18th birthday for those offenses
required to be reported under Section 5 of the Criminal

SB3642 - 1827 - LRB101 20589 WGH 70218 b
Identification Act. Information reported to the Department
under this Section may be maintained with records that the
Department files under Section 2.1 of the Criminal
Identification Act.
(12) Information or records may be disclosed to the general
public when the court is conducting hearings under Section
5-805 or 5-810.
(13) The changes made to this Section by Public Act 98-61
apply to juvenile court records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
98-756, eff. 7-16-14.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
juvenile court records.
(0.05) (Blank).
(0.1) (a) The Illinois Department of State Police and all
law enforcement agencies within the State shall automatically
expunge, on or before January 1 of each year, all juvenile law
enforcement records relating to events occurring before an
individual's 18th birthday if:
(1) one year or more has elapsed since the date of the
arrest or law enforcement interaction documented in the
records;

SB3642 - 1828 - LRB101 20589 WGH 70218 b
(2) no petition for delinquency or criminal charges
were filed with the clerk of the circuit court relating to
the arrest or law enforcement interaction documented in the
records; and
(3) 6 months have elapsed since the date of the arrest
without an additional subsequent arrest or filing of a
petition for delinquency or criminal charges whether
related or not to the arrest or law enforcement interaction
documented in the records.
(b) If the law enforcement agency is unable to verify
satisfaction of conditions (2) and (3) of this subsection
(0.1), records that satisfy condition (1) of this subsection
(0.1) shall be automatically expunged if the records relate to
an offense that if committed by an adult would not be an
offense classified as a Class 2 felony or higher, an offense
under Article 11 of the Criminal Code of 1961 or Criminal Code
of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961.
(0.15) If a juvenile law enforcement record meets paragraph
(a) of subsection (0.1) of this Section, a juvenile law
enforcement record created:
(1) prior to January 1, 2018, but on or after January
1, 2013 shall be automatically expunged prior to January 1,
2020;
(2) prior to January 1, 2013, but on or after January
1, 2000, shall be automatically expunged prior to January

SB3642 - 1829 - LRB101 20589 WGH 70218 b
1, 2023; and
(3) prior to January 1, 2000 shall not be subject to
the automatic expungement provisions of this Act.
Nothing in this subsection (0.15) shall be construed to
restrict or modify an individual's right to have his or her
juvenile law enforcement records expunged except as otherwise
may be provided in this Act.
(0.2) (a) Upon dismissal of a petition alleging delinquency
or upon a finding of not delinquent, the successful termination
of an order of supervision, or the successful termination of an
adjudication for an offense which would be a Class B
misdemeanor, Class C misdemeanor, or a petty or business
offense if committed by an adult, the court shall automatically
order the expungement of the juvenile court records and
juvenile law enforcement records. The clerk shall deliver a
certified copy of the expungement order to the Illinois
Department of State Police and the arresting agency. Upon
request, the State's Attorney shall furnish the name of the
arresting agency. The expungement shall be completed within 60
business days after the receipt of the expungement order.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained until the statute of
limitations for the felony has run. If the chief law

SB3642 - 1830 - LRB101 20589 WGH 70218 b
enforcement officer of the agency, or his or her designee,
certifies in writing that certain information is needed with
respect to an internal investigation of any law enforcement
office, that information and information identifying the
juvenile may be retained within an intelligence file until the
investigation is terminated or the disciplinary action,
including appeals, has been completed, whichever is later.
Retention of a portion of a juvenile's law enforcement record
does not disqualify the remainder of his or her record from
immediate automatic expungement.
(0.3) (a) Upon an adjudication of delinquency based on any
offense except a disqualified offense, the juvenile court shall
automatically order the expungement of the juvenile court and
law enforcement records 2 years after the juvenile's case was
closed if no delinquency or criminal proceeding is pending and
the person has had no subsequent delinquency adjudication or
criminal conviction. The clerk shall deliver a certified copy
of the expungement order to the Illinois Department of State
Police and the arresting agency. Upon request, the State's
Attorney shall furnish the name of the arresting agency. The
expungement shall be completed within 60 business days after
the receipt of the expungement order. In this subsection (0.3),
"disqualified offense" means any of the following offenses:
Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2,
10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3,

SB3642 - 1831 - LRB101 20589 WGH 70218 b
12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5,
12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6,
19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A,
24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a,
32-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b)
of Section 8-1, paragraph (4) of subsection (a) of Section
11-14.4, subsection (a-5) of Section 12-3.1, paragraph (1),
(2), or (3) of subsection (a) of Section 12-6, subsection (a-3)
or (a-5) of Section 12-7.3, paragraph (1) or (2) of subsection
(a) of Section 12-7.4, subparagraph (i) of paragraph (1) of
subsection (a) of Section 12-9, subparagraph (H) of paragraph
(3) of subsection (a) of Section 24-1.6, paragraph (1) of
subsection (a) of Section 25-1, or subsection (a-7) of Section
31-1 of the Criminal Code of 2012.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion of
a juvenile's juvenile law enforcement record does not
disqualify the remainder of his or her record from immediate
automatic expungement.
(0.4) Automatic expungement for the purposes of this
Section shall not require law enforcement agencies to

SB3642 - 1832 - LRB101 20589 WGH 70218 b
obliterate or otherwise destroy juvenile law enforcement
records that would otherwise need to be automatically expunged
under this Act, except after 2 years following the subject
arrest for purposes of use in civil litigation against a
governmental entity or its law enforcement agency or personnel
which created, maintained, or used the records. However, these
juvenile law enforcement records shall be considered expunged
for all other purposes during this period and the offense,
which the records or files concern, shall be treated as if it
never occurred as required under Section 5-923.
(0.5) Subsection (0.1) or (0.2) of this Section does not
apply to violations of traffic, boating, fish and game laws, or
county or municipal ordinances.
(0.6) Juvenile law enforcement records of a plaintiff who
has filed civil litigation against the governmental entity or
its law enforcement agency or personnel that created,
maintained, or used the records, or juvenile law enforcement
records that contain information related to the allegations set
forth in the civil litigation may not be expunged until after 2
years have elapsed after the conclusion of the lawsuit,
including any appeal.
(0.7) Officer-worn body camera recordings shall not be
automatically expunged except as otherwise authorized by the
Law Enforcement Officer-Worn Body Camera Act.
(1) Whenever a person has been arrested, charged, or
adjudicated delinquent for an incident occurring before his or

SB3642 - 1833 - LRB101 20589 WGH 70218 b
her 18th birthday that if committed by an adult would be an
offense, and that person's juvenile law enforcement and
juvenile court records are not eligible for automatic
expungement under subsection (0.1), (0.2), or (0.3), the person
may petition the court at any time for expungement of juvenile
law enforcement records and juvenile court records relating to
the incident and, upon termination of all juvenile court
proceedings relating to that incident, the court shall order
the expungement of all records in the possession of the
Illinois Department of State Police, the clerk of the circuit
court, and law enforcement agencies relating to the incident,
but only in any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was found
not delinquent of that offense;
(c) the minor was placed under supervision under
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) The Illinois Department of State Police shall allow a

SB3642 - 1834 - LRB101 20589 WGH 70218 b
person to use the Access and Review process, established in the
Illinois Department of State Police, for verifying that his or
her juvenile law enforcement records relating to incidents
occurring before his or her 18th birthday eligible under this
Act have been expunged.
(1.6) (Blank).
(1.7) (Blank).
(1.8) (Blank).
(2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court to expunge all juvenile law
enforcement records relating to any incidents occurring before
his or her 18th birthday which did not result in proceedings in
criminal court and all juvenile court records with respect to
any adjudications except those based upon first degree murder
or an offense under Article 11 of the Criminal Code of 2012 if
the person is required to register under the Sex Offender
Registration Act at the time he or she petitions the court for
expungement; provided that: (a) (blank); or (b) 2 years have
elapsed since all juvenile court proceedings relating to him or
her have been terminated and his or her commitment to the
Department of Juvenile Justice under this Act has been
terminated.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if

SB3642 - 1835 - LRB101 20589 WGH 70218 b
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and shall provide the minor and the minor's
parents or guardians with an expungement information packet,
information regarding this State's expungement laws including
a petition to expunge juvenile law enforcement and juvenile
court records obtained from the clerk of the circuit court.
(2.6) If a minor is referred to court, then, at the time of
sentencing, or dismissal of the case, or successful completion
of supervision, the judge shall inform the delinquent minor of
his or her rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated
as if it never occurred, (ii) he or she may apply to have
petition fees waived, (iii) once he or she obtains an
expungement, he or she may not be required to disclose that he
or she had a juvenile law enforcement or juvenile court record,
and (iv) if petitioning he or she may file the petition on his
or her own or with the assistance of an attorney. The failure
of the judge to inform the delinquent minor of his or her right
to petition for expungement as provided by law does not create

SB3642 - 1836 - LRB101 20589 WGH 70218 b
a substantive right, nor is that failure grounds for: (i) a
reversal of an adjudication of delinquency; , (ii) a new trial;
or (iii) an appeal.
(2.7) (Blank).
(2.8) (Blank).
(3) (Blank).
(3.1) (Blank).
(3.2) (Blank).
(3.3) (Blank).
(4) (Blank).
(5) (Blank).
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) (Blank).
(6.5) The Illinois Department of State Police or any
employee of the Illinois State Police Department shall be
immune from civil or criminal liability for failure to expunge
any records of arrest that are subject to expungement under
this Section because of inability to verify a record. Nothing
in this Section shall create Illinois Department of State
Police liability or responsibility for the expungement of
juvenile law enforcement records it does not possess.
(7) (Blank).
(7.5) (Blank).

SB3642 - 1837 - LRB101 20589 WGH 70218 b
(8)(a) (Blank). (b) (Blank). (c) The expungement of
juvenile law enforcement or juvenile court records under
subsection (0.1), (0.2), or (0.3) of this Section shall be
funded by appropriation by the General Assembly for that
purpose.
(9) (Blank).
(10) (Blank).
(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
eff. 12-20-18; revised 7-16-19.)
Section 980. The Criminal Code of 2012 is amended by
changing Sections 3-7, 12-38, 12C-15, 14-3, 17-6.3, 24-1,
24-1.1, 24-3, 24-3B, 24-6, 24-8, 24.8-5, 28-5, 29B-0.5, 29B-3,
29B-4, 29B-12, 29B-20, 29B-25, 29B-26, 32-2, 32-8, 33-2,
33-3.1, 33-3.2, 36-1.1, 36-1.3, 36-2.2, and 36-7 as follows:
(720 ILCS 5/3-7) (from Ch. 38, par. 3-7)
Sec. 3-7. Periods excluded from limitation.
(a) The period within which a prosecution must be commenced
does not include any period in which:
(1) the defendant is not usually and publicly resident
within this State; or
(2) the defendant is a public officer and the offense
charged is theft of public funds while in public office; or

SB3642 - 1838 - LRB101 20589 WGH 70218 b
(3) a prosecution is pending against the defendant for
the same conduct, even if the indictment or information
which commences the prosecution is quashed or the
proceedings thereon are set aside, or are reversed on
appeal; or
(4) a proceeding or an appeal from a proceeding
relating to the quashing or enforcement of a Grand Jury
subpoena issued in connection with an investigation of a
violation of a criminal law of this State is pending.
However, the period within which a prosecution must be
commenced includes any period in which the State brings a
proceeding or an appeal from a proceeding specified in this
paragraph (4); or
(5) a material witness is placed on active military
duty or leave. In this paragraph (5), "material witness"
includes, but is not limited to, the arresting officer,
occurrence witness, or the alleged victim of the offense;
or
(6) the victim of unlawful force or threat of imminent
bodily harm to obtain information or a confession is
incarcerated, and the victim's incarceration, in whole or
in part, is a consequence of the unlawful force or threats;
or
(7) the sexual assault evidence is collected and
submitted to the Illinois Department of State Police until
the completion of the analysis of the submitted evidence.

SB3642 - 1839 - LRB101 20589 WGH 70218 b
(a-5) The prosecution shall not be required to prove at
trial facts establishing periods excluded from the general
limitations in Section 3-5 of this Code when the facts
supporting periods being excluded from the general limitations
are properly pled in the charging document. Any challenge
relating to periods of exclusion as defined in this Section
shall be exclusively conducted under Section 114-1 of the Code
of Criminal Procedure of 1963.
(b) For the purposes of this Section:
"Completion of the analysis of the submitted evidence"
means analysis of the collected evidence and conducting of
laboratory tests and the comparison of the collected
evidence with the genetic marker grouping analysis
information maintained by the Illinois Department of State
Police under Section 5-4-3 of the Unified Code of
Corrections and with the information contained in the
Federal Bureau of Investigation's National DNA database.
"Sexual assault" has the meaning ascribed to it in
Section 1a of the Sexual Assault Survivors Emergency
Treatment Act.
"Sexual assault evidence" has the meaning ascribed to
it in Section 5 of the Sexual Assault Evidence Submission
Act.
(Source: P.A. 99-252, eff. 1-1-16; 100-434, eff. 1-1-18.)
(720 ILCS 5/12-38)

SB3642 - 1840 - LRB101 20589 WGH 70218 b
Sec. 12-38. Restrictions on purchase or acquisition of
corrosive or caustic acid.
(a) A person seeking to purchase a substance which is
regulated by Title 16 CFR Section 1500.129 of the Federal
Caustic Poison Act and is required to contain the words "causes
severe burns" as the affirmative statement of principal hazard
on its label, must prior to taking possession:
(1) provide a valid driver's license or other
government-issued identification showing the person's
name, date of birth, and photograph; and
(2) sign a log documenting the name and address of the
person, date and time of the transaction, and the brand,
product name and net weight of the item.
(b) Exemption. The requirements of subsection (a) do not
apply to batteries or household products. For the purposes of
this Section, "household product" means any product which is
customarily produced or distributed for sale for consumption or
use, or customarily stored, by individuals in or about the
household, including, but not limited to, products which are
customarily produced and distributed for use in or about a
household as a cleaning agent, drain cleaner, pesticide, epoxy,
paint, stain, or similar substance.
(c) Rules and Regulations. The Illinois Department of State
Police shall have the authority to promulgate rules for the
implementation and enforcement of this Section.
(d) Sentence. Any violation of this Section is a business

SB3642 - 1841 - LRB101 20589 WGH 70218 b
offense for which a fine not exceeding $150 for the first
violation, $500 for the second violation, or $1,500 for the
third and subsequent violations within a 12-month period shall
be imposed.
(e) Preemption. The regulation of the purchase or
acquisition, or both, of a caustic or corrosive substance and
any registry regarding the sale or possession, or both, of a
caustic or corrosive substance is an exclusive power and
function of the State. A home rule unit may not regulate the
purchase or acquisition of caustic or corrosive substances and
any ordinance or local law contrary to this Section is declared
void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of
the Illinois Constitution.
(Source: P.A. 97-565, eff. 1-1-12; 97-929, eff. 8-10-12.)
(720 ILCS 5/12C-15) (was 720 ILCS 5/12-22)
Sec. 12C-15. Child abandonment or endangerment; probation.
(a) Whenever a parent of a child as determined by the court
on the facts before it, pleads guilty to or is found guilty of,
with respect to his or her child, child abandonment under
Section 12C-10 of this Article or endangering the life or
health of a child under Section 12C-5 of this Article, the
court may, without entering a judgment of guilt and with the
consent of the person, defer further proceedings and place the
person upon probation upon the reasonable terms and conditions

SB3642 - 1842 - LRB101 20589 WGH 70218 b
as the court may require. At least one term of the probation
shall require the person to cooperate with the Department of
Children and Family Services at the times and in the programs
that the Department of Children and Family Services may
require.
(b) Upon fulfillment of the terms and conditions imposed
under subsection (a), the court shall discharge the person and
dismiss the proceedings. Discharge and dismissal under this
Section shall be without court adjudication of guilt and shall
not be considered a conviction for purposes of disqualification
or disabilities imposed by law upon conviction of a crime.
However, a record of the disposition shall be reported by the
clerk of the circuit court to the Illinois Department of State
Police under Section 2.1 of the Criminal Identification Act,
and the record shall be maintained and provided to any civil
authority in connection with a determination of whether the
person is an acceptable candidate for the care, custody and
supervision of children.
(c) Discharge and dismissal under this Section may occur
only once.
(d) Probation under this Section may not be for a period of
less than 2 years.
(e) If the child dies of the injuries alleged, this Section
shall be inapplicable.
(Source: P.A. 97-1109, eff. 1-1-13.)

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(720 ILCS 5/14-3)
Sec. 14-3. Exemptions. The following activities shall be
exempt from the provisions of this Article:
(a) Listening to radio, wireless electronic
communications, and television communications of any sort
where the same are publicly made;
(b) Hearing conversation when heard by employees of any
common carrier by wire incidental to the normal course of
their employment in the operation, maintenance or repair of
the equipment of such common carrier by wire so long as no
information obtained thereby is used or divulged by the
hearer;
(c) Any broadcast by radio, television or otherwise
whether it be a broadcast or recorded for the purpose of
later broadcasts of any function where the public is in
attendance and the conversations are overheard incidental
to the main purpose for which such broadcasts are then
being made;
(d) Recording or listening with the aid of any device
to any emergency communication made in the normal course of
operations by any federal, state or local law enforcement
agency or institutions dealing in emergency services,
including, but not limited to, hospitals, clinics,
ambulance services, fire fighting agencies, any public
utility, emergency repair facility, civilian defense
establishment or military installation;

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(e) Recording the proceedings of any meeting required
to be open by the Open Meetings Act, as amended;
(f) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as consumer "hotlines" by manufacturers or
retailers of food and drug products. Such recordings must
be destroyed, erased or turned over to local law
enforcement authorities within 24 hours from the time of
such recording and shall not be otherwise disseminated.
Failure on the part of the individual or business operating
any such recording or listening device to comply with the
requirements of this subsection shall eliminate any civil
or criminal immunity conferred upon that individual or
business by the operation of this Section;
(g) With prior notification to the State's Attorney of
the county in which it is to occur, recording or listening
with the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction
of law enforcement, is a party to the conversation and has
consented to it being intercepted or recorded under
circumstances where the use of the device is necessary for
the protection of the law enforcement officer or any person
acting at the direction of law enforcement, in the course
of an investigation of a forcible felony, a felony offense
of involuntary servitude, involuntary sexual servitude of
a minor, or trafficking in persons under Section 10-9 of

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this Code, an offense involving prostitution, solicitation
of a sexual act, or pandering, a felony violation of the
Illinois Controlled Substances Act, a felony violation of
the Cannabis Control Act, a felony violation of the
Methamphetamine Control and Community Protection Act, any
"streetgang related" or "gang-related" felony as those
terms are defined in the Illinois Streetgang Terrorism
Omnibus Prevention Act, or any felony offense involving any
weapon listed in paragraphs (1) through (11) of subsection
(a) of Section 24-1 of this Code. Any recording or evidence
derived as the result of this exemption shall be
inadmissible in any proceeding, criminal, civil or
administrative, except (i) where a party to the
conversation suffers great bodily injury or is killed
during such conversation, or (ii) when used as direct
impeachment of a witness concerning matters contained in
the interception or recording. The Director of the Illinois
Department of State Police shall issue regulations as are
necessary concerning the use of devices, retention of tape
recordings, and reports regarding their use;
(g-5) (Blank);
(g-6) With approval of the State's Attorney of the
county in which it is to occur, recording or listening with
the aid of any device to any conversation where a law
enforcement officer, or any person acting at the direction
of law enforcement, is a party to the conversation and has

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consented to it being intercepted or recorded in the course
of an investigation of child pornography, aggravated child
pornography, indecent solicitation of a child, luring of a
minor, sexual exploitation of a child, aggravated criminal
sexual abuse in which the victim of the offense was at the
time of the commission of the offense under 18 years of
age, or criminal sexual abuse by force or threat of force
in which the victim of the offense was at the time of the
commission of the offense under 18 years of age. In all
such cases, an application for an order approving the
previous or continuing use of an eavesdropping device must
be made within 48 hours of the commencement of such use. In
the absence of such an order, or upon its denial, any
continuing use shall immediately terminate. The Director
of the Illinois State Police shall issue rules as are
necessary concerning the use of devices, retention of
recordings, and reports regarding their use. Any recording
or evidence obtained or derived in the course of an
investigation of child pornography, aggravated child
pornography, indecent solicitation of a child, luring of a
minor, sexual exploitation of a child, aggravated criminal
sexual abuse in which the victim of the offense was at the
time of the commission of the offense under 18 years of
age, or criminal sexual abuse by force or threat of force
in which the victim of the offense was at the time of the
commission of the offense under 18 years of age shall, upon

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motion of the State's Attorney or Attorney General
prosecuting any case involving child pornography,
aggravated child pornography, indecent solicitation of a
child, luring of a minor, sexual exploitation of a child,
aggravated criminal sexual abuse in which the victim of the
offense was at the time of the commission of the offense
under 18 years of age, or criminal sexual abuse by force or
threat of force in which the victim of the offense was at
the time of the commission of the offense under 18 years of
age be reviewed in camera with notice to all parties
present by the court presiding over the criminal case, and,
if ruled by the court to be relevant and otherwise
admissible, it shall be admissible at the trial of the
criminal case. Absent such a ruling, any such recording or
evidence shall not be admissible at the trial of the
criminal case;
(h) Recordings made simultaneously with the use of an
in-car video camera recording of an oral conversation
between a uniformed peace officer, who has identified his
or her office, and a person in the presence of the peace
officer whenever (i) an officer assigned a patrol vehicle
is conducting an enforcement stop; or (ii) patrol vehicle
emergency lights are activated or would otherwise be
activated if not for the need to conceal the presence of
law enforcement.
For the purposes of this subsection (h), "enforcement

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stop" means an action by a law enforcement officer in
relation to enforcement and investigation duties,
including but not limited to, traffic stops, pedestrian
stops, abandoned vehicle contacts, motorist assists,
commercial motor vehicle stops, roadside safety checks,
requests for identification, or responses to requests for
emergency assistance;
(h-5) Recordings of utterances made by a person while
in the presence of a uniformed peace officer and while an
occupant of a police vehicle including, but not limited to,
(i) recordings made simultaneously with the use of an
in-car video camera and (ii) recordings made in the
presence of the peace officer utilizing video or audio
systems, or both, authorized by the law enforcement agency;
(h-10) Recordings made simultaneously with a video
camera recording during the use of a taser or similar
weapon or device by a peace officer if the weapon or device
is equipped with such camera;
(h-15) Recordings made under subsection (h), (h-5), or
(h-10) shall be retained by the law enforcement agency that
employs the peace officer who made the recordings for a
storage period of 90 days, unless the recordings are made
as a part of an arrest or the recordings are deemed
evidence in any criminal, civil, or administrative
proceeding and then the recordings must only be destroyed
upon a final disposition and an order from the court. Under

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no circumstances shall any recording be altered or erased
prior to the expiration of the designated storage period.
Upon completion of the storage period, the recording medium
may be erased and reissued for operational use;
(i) Recording of a conversation made by or at the
request of a person, not a law enforcement officer or agent
of a law enforcement officer, who is a party to the
conversation, under reasonable suspicion that another
party to the conversation is committing, is about to
commit, or has committed a criminal offense against the
person or a member of his or her immediate household, and
there is reason to believe that evidence of the criminal
offense may be obtained by the recording;
(j) The use of a telephone monitoring device by either
(1) a corporation or other business entity engaged in
marketing or opinion research or (2) a corporation or other
business entity engaged in telephone solicitation, as
defined in this subsection, to record or listen to oral
telephone solicitation conversations or marketing or
opinion research conversations by an employee of the
corporation or other business entity when:
(i) the monitoring is used for the purpose of
service quality control of marketing or opinion
research or telephone solicitation, the education or
training of employees or contractors engaged in
marketing or opinion research or telephone

SB3642 - 1850 - LRB101 20589 WGH 70218 b
solicitation, or internal research related to
marketing or opinion research or telephone
solicitation; and
(ii) the monitoring is used with the consent of at
least one person who is an active party to the
marketing or opinion research conversation or
telephone solicitation conversation being monitored.
No communication or conversation or any part, portion,
or aspect of the communication or conversation made,
acquired, or obtained, directly or indirectly, under this
exemption (j), may be, directly or indirectly, furnished to
any law enforcement officer, agency, or official for any
purpose or used in any inquiry or investigation, or used,
directly or indirectly, in any administrative, judicial,
or other proceeding, or divulged to any third party.
When recording or listening authorized by this
subsection (j) on telephone lines used for marketing or
opinion research or telephone solicitation purposes
results in recording or listening to a conversation that
does not relate to marketing or opinion research or
telephone solicitation; the person recording or listening
shall, immediately upon determining that the conversation
does not relate to marketing or opinion research or
telephone solicitation, terminate the recording or
listening and destroy any such recording as soon as is
practicable.

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Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide current and prospective employees with
notice that the monitoring or recordings may occur during
the course of their employment. The notice shall include
prominent signage notification within the workplace.
Business entities that use a telephone monitoring or
telephone recording system pursuant to this exemption (j)
shall provide their employees or agents with access to
personal-only telephone lines which may be pay telephones,
that are not subject to telephone monitoring or telephone
recording.
For the purposes of this subsection (j), "telephone
solicitation" means a communication through the use of a
telephone by live operators:
(i) soliciting the sale of goods or services;
(ii) receiving orders for the sale of goods or
services;
(iii) assisting in the use of goods or services; or
(iv) engaging in the solicitation, administration,
or collection of bank or retail credit accounts.
For the purposes of this subsection (j), "marketing or
opinion research" means a marketing or opinion research
interview conducted by a live telephone interviewer
engaged by a corporation or other business entity whose
principal business is the design, conduct, and analysis of

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polls and surveys measuring the opinions, attitudes, and
responses of respondents toward products and services, or
social or political issues, or both;
(k) Electronic recordings, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of a custodial interrogation of an
individual at a police station or other place of detention
by a law enforcement officer under Section 5-401.5 of the
Juvenile Court Act of 1987 or Section 103-2.1 of the Code
of Criminal Procedure of 1963;
(l) Recording the interview or statement of any person
when the person knows that the interview is being conducted
by a law enforcement officer or prosecutor and the
interview takes place at a police station that is currently
participating in the Custodial Interview Pilot Program
established under the Illinois Criminal Justice
Information Act;
(m) An electronic recording, including but not limited
to, a motion picture, videotape, digital, or other visual
or audio recording, made of the interior of a school bus
while the school bus is being used in the transportation of
students to and from school and school-sponsored
activities, when the school board has adopted a policy
authorizing such recording, notice of such recording
policy is included in student handbooks and other documents
including the policies of the school, notice of the policy

SB3642 - 1853 - LRB101 20589 WGH 70218 b
regarding recording is provided to parents of students, and
notice of such recording is clearly posted on the door of
and inside the school bus.
Recordings made pursuant to this subsection (m) shall
be confidential records and may only be used by school
officials (or their designees) and law enforcement
personnel for investigations, school disciplinary actions
and hearings, proceedings under the Juvenile Court Act of
1987, and criminal prosecutions, related to incidents
occurring in or around the school bus;
(n) Recording or listening to an audio transmission
from a microphone placed by a person under the authority of
a law enforcement agency inside a bait car surveillance
vehicle while simultaneously capturing a photographic or
video image;
(o) The use of an eavesdropping camera or audio device
during an ongoing hostage or barricade situation by a law
enforcement officer or individual acting on behalf of a law
enforcement officer when the use of such device is
necessary to protect the safety of the general public,
hostages, or law enforcement officers or anyone acting on
their behalf;
(p) Recording or listening with the aid of any device
to incoming telephone calls of phone lines publicly listed
or advertised as the "CPS Violence Prevention Hotline", but
only where the notice of recording is given at the

SB3642 - 1854 - LRB101 20589 WGH 70218 b
beginning of each call as required by Section 34-21.8 of
the School Code. The recordings may be retained only by the
Chicago Police Department or other law enforcement
authorities, and shall not be otherwise retained or
disseminated;
(q)(1) With prior request to and written or verbal
approval of the State's Attorney of the county in which the
conversation is anticipated to occur, recording or
listening with the aid of an eavesdropping device to a
conversation in which a law enforcement officer, or any
person acting at the direction of a law enforcement
officer, is a party to the conversation and has consented
to the conversation being intercepted or recorded in the
course of an investigation of a qualified offense. The
State's Attorney may grant this approval only after
determining that reasonable cause exists to believe that
inculpatory conversations concerning a qualified offense
will occur with a specified individual or individuals
within a designated period of time.
(2) Request for approval. To invoke the exception
contained in this subsection (q), a law enforcement officer
shall make a request for approval to the appropriate
State's Attorney. The request may be written or verbal;
however, a written memorialization of the request must be
made by the State's Attorney. This request for approval
shall include whatever information is deemed necessary by

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the State's Attorney but shall include, at a minimum, the
following information about each specified individual whom
the law enforcement officer believes will commit a
qualified offense:
(A) his or her full or partial name, nickname or
alias;
(B) a physical description; or
(C) failing either (A) or (B) of this paragraph
(2), any other supporting information known to the law
enforcement officer at the time of the request that
gives rise to reasonable cause to believe that the
specified individual will participate in an
inculpatory conversation concerning a qualified
offense.
(3) Limitations on approval. Each written approval by
the State's Attorney under this subsection (q) shall be
limited to:
(A) a recording or interception conducted by a
specified law enforcement officer or person acting at
the direction of a law enforcement officer;
(B) recording or intercepting conversations with
the individuals specified in the request for approval,
provided that the verbal approval shall be deemed to
include the recording or intercepting of conversations
with other individuals, unknown to the law enforcement
officer at the time of the request for approval, who

SB3642 - 1856 - LRB101 20589 WGH 70218 b
are acting in conjunction with or as co-conspirators
with the individuals specified in the request for
approval in the commission of a qualified offense;
(C) a reasonable period of time but in no event
longer than 24 consecutive hours;
(D) the written request for approval, if
applicable, or the written memorialization must be
filed, along with the written approval, with the
circuit clerk of the jurisdiction on the next business
day following the expiration of the authorized period
of time, and shall be subject to review by the Chief
Judge or his or her designee as deemed appropriate by
the court.
(3.5) The written memorialization of the request for
approval and the written approval by the State's Attorney
may be in any format, including via facsimile, email, or
otherwise, so long as it is capable of being filed with the
circuit clerk.
(3.10) Beginning March 1, 2015, each State's Attorney
shall annually submit a report to the General Assembly
disclosing:
(A) the number of requests for each qualified
offense for approval under this subsection; and
(B) the number of approvals for each qualified
offense given by the State's Attorney.
(4) Admissibility of evidence. No part of the contents

SB3642 - 1857 - LRB101 20589 WGH 70218 b
of any wire, electronic, or oral communication that has
been recorded or intercepted as a result of this exception
may be received in evidence in any trial, hearing, or other
proceeding in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee,
or other authority of this State, or a political
subdivision of the State, other than in a prosecution of:
(A) the qualified offense for which approval was
given to record or intercept a conversation under this
subsection (q);
(B) a forcible felony committed directly in the
course of the investigation of the qualified offense
for which approval was given to record or intercept a
conversation under this subsection (q); or
(C) any other forcible felony committed while the
recording or interception was approved in accordance
with this subsection (q), but for this specific
category of prosecutions, only if the law enforcement
officer or person acting at the direction of a law
enforcement officer who has consented to the
conversation being intercepted or recorded suffers
great bodily injury or is killed during the commission
of the charged forcible felony.
(5) Compliance with the provisions of this subsection
is a prerequisite to the admissibility in evidence of any
part of the contents of any wire, electronic or oral

SB3642 - 1858 - LRB101 20589 WGH 70218 b
communication that has been intercepted as a result of this
exception, but nothing in this subsection shall be deemed
to prevent a court from otherwise excluding the evidence on
any other ground recognized by State or federal law, nor
shall anything in this subsection be deemed to prevent a
court from independently reviewing the admissibility of
the evidence for compliance with the Fourth Amendment to
the U.S. Constitution or with Article I, Section 6 of the
Illinois Constitution.
(6) Use of recordings or intercepts unrelated to
qualified offenses. Whenever any private conversation or
private electronic communication has been recorded or
intercepted as a result of this exception that is not
related to an offense for which the recording or intercept
is admissible under paragraph (4) of this subsection (q),
no part of the contents of the communication and evidence
derived from the communication may be received in evidence
in any trial, hearing, or other proceeding in or before any
court, grand jury, department, officer, agency, regulatory
body, legislative committee, or other authority of this
State, or a political subdivision of the State, nor may it
be publicly disclosed in any way.
(6.5) The Illinois Department of State Police shall
adopt rules as are necessary concerning the use of devices,
retention of recordings, and reports regarding their use
under this subsection (q).

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(7) Definitions. For the purposes of this subsection
(q) only:
"Forcible felony" includes and is limited to those
offenses contained in Section 2-8 of the Criminal Code
of 1961 as of the effective date of this amendatory Act
of the 97th General Assembly, and only as those
offenses have been defined by law or judicial
interpretation as of that date.
"Qualified offense" means and is limited to:
(A) a felony violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, or
the Methamphetamine Control and Community
Protection Act, except for violations of:
(i) Section 4 of the Cannabis Control Act;
(ii) Section 402 of the Illinois
Controlled Substances Act; and
(iii) Section 60 of the Methamphetamine
Control and Community Protection Act; and
(B) first degree murder, solicitation of
murder for hire, predatory criminal sexual assault
of a child, criminal sexual assault, aggravated
criminal sexual assault, aggravated arson,
kidnapping, aggravated kidnapping, child
abduction, trafficking in persons, involuntary
servitude, involuntary sexual servitude of a
minor, or gunrunning.

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"State's Attorney" includes and is limited to the
State's Attorney or an assistant State's Attorney
designated by the State's Attorney to provide verbal
approval to record or intercept conversations under
this subsection (q).
(8) Sunset. This subsection (q) is inoperative on and
after January 1, 2023. No conversations intercepted
pursuant to this subsection (q), while operative, shall be
inadmissible in a court of law by virtue of the
inoperability of this subsection (q) on January 1, 2023.
(9) Recordings, records, and custody. Any private
conversation or private electronic communication
intercepted by a law enforcement officer or a person acting
at the direction of law enforcement shall, if practicable,
be recorded in such a way as will protect the recording
from editing or other alteration. Any and all original
recordings made under this subsection (q) shall be
inventoried without unnecessary delay pursuant to the law
enforcement agency's policies for inventorying evidence.
The original recordings shall not be destroyed except upon
an order of a court of competent jurisdiction; and
(r) Electronic recordings, including but not limited
to, motion picture, videotape, digital, or other visual or
audio recording, made of a lineup under Section 107A-2 of
the Code of Criminal Procedure of 1963.
(Source: P.A. 100-572, eff. 12-29-17; 101-80, eff. 7-12-19.)

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(720 ILCS 5/17-6.3)
Sec. 17-6.3. WIC fraud.
(a) For the purposes of this Section, the Special
Supplemental Food Program for Women, Infants and Children
administered by the Illinois Department of Public Health or
Department of Human Services shall be referred to as "WIC".
(b) A person commits WIC fraud if he or she knowingly (i)
uses, acquires, possesses, or transfers WIC Food Instruments or
authorizations to participate in WIC in any manner not
authorized by law or the rules of the Illinois Department of
Public Health or Department of Human Services or (ii) uses,
acquires, possesses, or transfers altered WIC Food Instruments
or authorizations to participate in WIC.
(c) Administrative malfeasance.
(1) A person commits administrative malfeasance if he
or she knowingly or recklessly misappropriates, misuses,
or unlawfully withholds or converts to his or her own use
or to the use of another any public funds made available
for WIC.
(2) An official or employee of the State or a unit of
local government who knowingly aids, abets, assists, or
participates in a known violation of this Section is
subject to disciplinary proceedings under the rules of the
applicable State agency or unit of local government.
(d) Unauthorized possession of identification document. A

SB3642 - 1862 - LRB101 20589 WGH 70218 b
person commits unauthorized possession of an identification
document if he or she knowingly possesses, with intent to
commit a misdemeanor or felony, another person's
identification document issued by the Illinois Department of
Public Health or Department of Human Services. For purposes of
this Section, "identification document" includes, but is not
limited to, an authorization to participate in WIC or a card or
other document that identifies a person as being entitled to
WIC benefits.
(e) Penalties.
(1) If an individual, firm, corporation, association,
agency, institution, or other legal entity is found by a
court to have engaged in an act, practice, or course of
conduct declared unlawful under subsection (a), (b), or (c)
of this Section and:
(A) the total amount of money involved in the
violation, including the monetary value of the WIC Food
Instruments and the value of commodities, is less than
$150, the violation is a Class A misdemeanor; a second
or subsequent violation is a Class 4 felony;
(B) the total amount of money involved in the
violation, including the monetary value of the WIC Food
Instruments and the value of commodities, is $150 or
more but less than $1,000, the violation is a Class 4
felony; a second or subsequent violation is a Class 3
felony;

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(C) the total amount of money involved in the
violation, including the monetary value of the WIC Food
Instruments and the value of commodities, is $1,000 or
more but less than $5,000, the violation is a Class 3
felony; a second or subsequent violation is a Class 2
felony;
(D) the total amount of money involved in the
violation, including the monetary value of the WIC Food
Instruments and the value of commodities, is $5,000 or
more but less than $10,000, the violation is a Class 2
felony; a second or subsequent violation is a Class 1
felony; or
(E) the total amount of money involved in the
violation, including the monetary value of the WIC Food
Instruments and the value of commodities, is $10,000 or
more, the violation is a Class 1 felony and the
defendant shall be permanently ineligible to
participate in WIC.
(2) A violation of subsection (d) is a Class 4 felony.
(3) The State's Attorney of the county in which the
violation of this Section occurred or the Attorney General
shall bring actions arising under this Section in the name
of the People of the State of Illinois.
(4) For purposes of determining the classification of
an offense under this subsection (e), all of the money
received as a result of the unlawful act, practice, or

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course of conduct, including the value of any WIC Food
Instruments and the value of commodities, shall be
aggregated.
(f) Seizure and forfeiture of property.
(1) A person who commits a felony violation of this
Section is subject to the property forfeiture provisions
set forth in Article 124B of the Code of Criminal Procedure
of 1963.
(2) Property subject to forfeiture under this
subsection (f) may be seized by the Director of the
Illinois State Police or any local law enforcement agency
upon process or seizure warrant issued by any court having
jurisdiction over the property. The Director or a local law
enforcement agency may seize property under this
subsection (f) without process under any of the following
circumstances:
(A) If the seizure is incident to inspection under
an administrative inspection warrant.
(B) If the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding under Article 124B of the Code of Criminal
Procedure of 1963.
(C) If there is probable cause to believe that the
property is directly or indirectly dangerous to health
or safety.

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(D) If there is probable cause to believe that the
property is subject to forfeiture under this
subsection (f) and Article 124B of the Code of Criminal
Procedure of 1963 and the property is seized under
circumstances in which a warrantless seizure or arrest
would be reasonable.
(E) In accordance with the Code of Criminal
Procedure of 1963.
(g) Future participation as WIC vendor. A person who has
been convicted of a felony violation of this Section is
prohibited from participating as a WIC vendor for a minimum
period of 3 years following conviction and until the total
amount of money involved in the violation, including the value
of WIC Food Instruments and the value of commodities, is repaid
to WIC. This prohibition shall extend to any person with
management responsibility in a firm, corporation, association,
agency, institution, or other legal entity that has been
convicted of a violation of this Section and to an officer or
person owning, directly or indirectly, 5% or more of the shares
of stock or other evidences of ownership in a corporate vendor.
(Source: P.A. 96-1551, eff. 7-1-11.)
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
Sec. 24-1. Unlawful use of weapons.
(a) A person commits the offense of unlawful use of weapons
when he knowingly:

SB3642 - 1866 - LRB101 20589 WGH 70218 b
(1) Sells, manufactures, purchases, possesses or
carries any bludgeon, black-jack, slung-shot, sand-club,
sand-bag, metal knuckles or other knuckle weapon
regardless of its composition, throwing star, or any knife,
commonly referred to as a switchblade knife, which has a
blade that opens automatically by hand pressure applied to
a button, spring or other device in the handle of the
knife, or a ballistic knife, which is a device that propels
a knifelike blade as a projectile by means of a coil
spring, elastic material or compressed gas; or
(2) Carries or possesses with intent to use the same
unlawfully against another, a dagger, dirk, billy,
dangerous knife, razor, stiletto, broken bottle or other
piece of glass, stun gun or taser or any other dangerous or
deadly weapon or instrument of like character; or
(2.5) Carries or possesses with intent to use the same
unlawfully against another, any firearm in a church,
synagogue, mosque, or other building, structure, or place
used for religious worship; or
(3) Carries on or about his person or in any vehicle, a
tear gas gun projector or bomb or any object containing
noxious liquid gas or substance, other than an object
containing a non-lethal noxious liquid gas or substance
designed solely for personal defense carried by a person 18
years of age or older; or
(4) Carries or possesses in any vehicle or concealed on

SB3642 - 1867 - LRB101 20589 WGH 70218 b
or about his person except when on his land or in his own
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission, any pistol,
revolver, stun gun or taser or other firearm, except that
this subsection (a) (4) does not apply to or affect
transportation of weapons that meet one of the following
conditions:
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the Firearm
Concealed Carry Act; or
(5) Sets a spring gun; or
(6) Possesses any device or attachment of any kind
designed, used or intended for use in silencing the report
of any firearm; or
(7) Sells, manufactures, purchases, possesses or
carries:
(i) a machine gun, which shall be defined for the
purposes of this subsection as any weapon, which

SB3642 - 1868 - LRB101 20589 WGH 70218 b
shoots, is designed to shoot, or can be readily
restored to shoot, automatically more than one shot
without manually reloading by a single function of the
trigger, including the frame or receiver of any such
weapon, or sells, manufactures, purchases, possesses,
or carries any combination of parts designed or
intended for use in converting any weapon into a
machine gun, or any combination or parts from which a
machine gun can be assembled if such parts are in the
possession or under the control of a person;
(ii) any rifle having one or more barrels less than
16 inches in length or a shotgun having one or more
barrels less than 18 inches in length or any weapon
made from a rifle or shotgun, whether by alteration,
modification, or otherwise, if such a weapon as
modified has an overall length of less than 26 inches;
or
(iii) any bomb, bomb-shell, grenade, bottle or
other container containing an explosive substance of
over one-quarter ounce for like purposes, such as, but
not limited to, black powder bombs and Molotov
cocktails or artillery projectiles; or
(8) Carries or possesses any firearm, stun gun or taser
or other deadly weapon in any place which is licensed to
sell intoxicating beverages, or at any public gathering
held pursuant to a license issued by any governmental body

SB3642 - 1869 - LRB101 20589 WGH 70218 b
or any public gathering at which an admission is charged,
excluding a place where a showing, demonstration or lecture
involving the exhibition of unloaded firearms is
conducted.
This subsection (a)(8) does not apply to any auction or
raffle of a firearm held pursuant to a license or permit
issued by a governmental body, nor does it apply to persons
engaged in firearm safety training courses; or
(9) Carries or possesses in a vehicle or on or about
his or her person any pistol, revolver, stun gun or taser
or firearm or ballistic knife, when he or she is hooded,
robed or masked in such manner as to conceal his or her
identity; or
(10) Carries or possesses on or about his or her
person, upon any public street, alley, or other public
lands within the corporate limits of a city, village, or
incorporated town, except when an invitee thereon or
therein, for the purpose of the display of such weapon or
the lawful commerce in weapons, or except when on his land
or in his or her own abode, legal dwelling, or fixed place
of business, or on the land or in the legal dwelling of
another person as an invitee with that person's permission,
any pistol, revolver, stun gun, or taser or other firearm,
except that this subsection (a) (10) does not apply to or
affect transportation of weapons that meet one of the
following conditions:

SB3642 - 1870 - LRB101 20589 WGH 70218 b
(i) are broken down in a non-functioning state; or
(ii) are not immediately accessible; or
(iii) are unloaded and enclosed in a case, firearm
carrying box, shipping box, or other container by a
person who has been issued a currently valid Firearm
Owner's Identification Card; or
(iv) are carried or possessed in accordance with
the Firearm Concealed Carry Act by a person who has
been issued a currently valid license under the Firearm
Concealed Carry Act.
A "stun gun or taser", as used in this paragraph (a)
means (i) any device which is powered by electrical
charging units, such as, batteries, and which fires one or
several barbs attached to a length of wire and which, upon
hitting a human, can send out a current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning or (ii) any
device which is powered by electrical charging units, such
as batteries, and which, upon contact with a human or
clothing worn by a human, can send out current capable of
disrupting the person's nervous system in such a manner as
to render him incapable of normal functioning; or
(11) Sells, manufactures, or purchases any explosive
bullet. For purposes of this paragraph (a) "explosive
bullet" means the projectile portion of an ammunition
cartridge which contains or carries an explosive charge

SB3642 - 1871 - LRB101 20589 WGH 70218 b
which will explode upon contact with the flesh of a human
or an animal. "Cartridge" means a tubular metal case having
a projectile affixed at the front thereof and a cap or
primer at the rear end thereof, with the propellant
contained in such tube between the projectile and the cap;
or
(12) (Blank); or
(13) Carries or possesses on or about his or her person
while in a building occupied by a unit of government, a
billy club, other weapon of like character, or other
instrument of like character intended for use as a weapon.
For the purposes of this Section, "billy club" means a
short stick or club commonly carried by police officers
which is either telescopic or constructed of a solid piece
of wood or other man-made material.
(b) Sentence. A person convicted of a violation of
subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
Class A misdemeanor. A person convicted of a violation of
subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
person convicted of a violation of subsection 24-1(a)(6) or
24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
convicted of a violation of subsection 24-1(a)(7)(i) commits a
Class 2 felony and shall be sentenced to a term of imprisonment
of not less than 3 years and not more than 7 years, unless the
weapon is possessed in the passenger compartment of a motor

SB3642 - 1872 - LRB101 20589 WGH 70218 b
vehicle as defined in Section 1-146 of the Illinois Vehicle
Code, or on the person, while the weapon is loaded, in which
case it shall be a Class X felony. A person convicted of a
second or subsequent violation of subsection 24-1(a)(4),
24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
felony. A person convicted of a violation of subsection
24-1(a)(2.5) commits a Class 2 felony. The possession of each
weapon in violation of this Section constitutes a single and
separate violation.
(c) Violations in specific places.
(1) A person who violates subsection 24-1(a)(6) or
24-1(a)(7) in any school, regardless of the time of day or
the time of year, in residential property owned, operated
or managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on the real
property comprising any school, regardless of the time of
day or the time of year, on residential property owned,
operated or managed by a public housing agency or leased by
a public housing agency as part of a scattered site or
mixed-income development, on the real property comprising
any public park, on the real property comprising any
courthouse, in any conveyance owned, leased or contracted
by a school to transport students to or from school or a
school related activity, in any conveyance owned, leased,
or contracted by a public transportation agency, or on any

SB3642 - 1873 - LRB101 20589 WGH 70218 b
public way within 1,000 feet of the real property
comprising any school, public park, courthouse, public
transportation facility, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony and shall
be sentenced to a term of imprisonment of not less than 3
years and not more than 7 years.
(1.5) A person who violates subsection 24-1(a)(4),
24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated, or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased, or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public

SB3642 - 1874 - LRB101 20589 WGH 70218 b
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development
commits a Class 3 felony.
(2) A person who violates subsection 24-1(a)(1),
24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
time of day or the time of year, in residential property
owned, operated or managed by a public housing agency or
leased by a public housing agency as part of a scattered
site or mixed-income development, in a public park, in a
courthouse, on the real property comprising any school,
regardless of the time of day or the time of year, on
residential property owned, operated or managed by a public
housing agency or leased by a public housing agency as part
of a scattered site or mixed-income development, on the
real property comprising any public park, on the real
property comprising any courthouse, in any conveyance
owned, leased or contracted by a school to transport
students to or from school or a school related activity, in
any conveyance owned, leased, or contracted by a public
transportation agency, or on any public way within 1,000
feet of the real property comprising any school, public
park, courthouse, public transportation facility, or
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency

SB3642 - 1875 - LRB101 20589 WGH 70218 b
as part of a scattered site or mixed-income development
commits a Class 4 felony. "Courthouse" means any building
that is used by the Circuit, Appellate, or Supreme Court of
this State for the conduct of official business.
(3) Paragraphs (1), (1.5), and (2) of this subsection
(c) shall not apply to law enforcement officers or security
officers of such school, college, or university or to
students carrying or possessing firearms for use in
training courses, parades, hunting, target shooting on
school ranges, or otherwise with the consent of school
authorities and which firearms are transported unloaded
enclosed in a suitable case, box, or transportation
package.
(4) For the purposes of this subsection (c), "school"
means any public or private elementary or secondary school,
community college, college, or university.
(5) For the purposes of this subsection (c), "public
transportation agency" means a public or private agency
that provides for the transportation or conveyance of
persons by means available to the general public, except
for transportation by automobiles not used for conveyance
of the general public as passengers; and "public
transportation facility" means a terminal or other place
where one may obtain public transportation.
(d) The presence in an automobile other than a public
omnibus of any weapon, instrument or substance referred to in

SB3642 - 1876 - LRB101 20589 WGH 70218 b
subsection (a)(7) is prima facie evidence that it is in the
possession of, and is being carried by, all persons occupying
such automobile at the time such weapon, instrument or
substance is found, except under the following circumstances:
(i) if such weapon, instrument or instrumentality is found upon
the person of one of the occupants therein; or (ii) if such
weapon, instrument or substance is found in an automobile
operated for hire by a duly licensed driver in the due, lawful
and proper pursuit of his or her trade, then such presumption
shall not apply to the driver.
(e) Exemptions.
(1) Crossbows, Common or Compound bows and Underwater
Spearguns are exempted from the definition of ballistic
knife as defined in paragraph (1) of subsection (a) of this
Section.
(2) The provision of paragraph (1) of subsection (a) of
this Section prohibiting the sale, manufacture, purchase,
possession, or carrying of any knife, commonly referred to
as a switchblade knife, which has a blade that opens
automatically by hand pressure applied to a button, spring
or other device in the handle of the knife, does not apply
to a person who possesses a currently valid Firearm Owner's
Identification Card previously issued in his or her name by
the Illinois Department of State Police or to a person or
an entity engaged in the business of selling or
manufacturing switchblade knives.

SB3642 - 1877 - LRB101 20589 WGH 70218 b
(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
(720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
Sec. 24-1.1. Unlawful use or possession of weapons by
felons or persons in the custody of the Department of
Corrections facilities.
(a) It is unlawful for a person to knowingly possess on or
about his person or on his land or in his own abode or fixed
place of business any weapon prohibited under Section 24-1 of
this Act or any firearm or any firearm ammunition if the person
has been convicted of a felony under the laws of this State or
any other jurisdiction. This Section shall not apply if the
person has been granted relief by the Director of the Illinois
Department of State Police under Section 10 of the Firearm
Owners Identification Card Act.
(b) It is unlawful for any person confined in a penal
institution, which is a facility of the Illinois Department of
Corrections, to possess any weapon prohibited under Section
24-1 of this Code or any firearm or firearm ammunition,
regardless of the intent with which he possesses it.
(c) It shall be an affirmative defense to a violation of
subsection (b), that such possession was specifically
authorized by rule, regulation, or directive of the Illinois
Department of Corrections or order issued pursuant thereto.
(d) The defense of necessity is not available to a person
who is charged with a violation of subsection (b) of this

SB3642 - 1878 - LRB101 20589 WGH 70218 b
Section.
(e) Sentence. Violation of this Section by a person not
confined in a penal institution shall be a Class 3 felony for
which the person shall be sentenced to no less than 2 years and
no more than 10 years. A second or subsequent violation of this
Section shall be a Class 2 felony for which the person shall be
sentenced to a term of imprisonment of not less than 3 years
and not more than 14 years, except as provided for in Section
5-4.5-110 of the Unified Code of Corrections. Violation of this
Section by a person not confined in a penal institution who has
been convicted of a forcible felony, a felony violation of
Article 24 of this Code or of the Firearm Owners Identification
Card Act, stalking or aggravated stalking, or a Class 2 or
greater felony under the Illinois Controlled Substances Act,
the Cannabis Control Act, or the Methamphetamine Control and
Community Protection Act is a Class 2 felony for which the
person shall be sentenced to not less than 3 years and not more
than 14 years, except as provided for in Section 5-4.5-110 of
the Unified Code of Corrections. Violation of this Section by a
person who is on parole or mandatory supervised release is a
Class 2 felony for which the person shall be sentenced to not
less than 3 years and not more than 14 years, except as
provided for in Section 5-4.5-110 of the Unified Code of
Corrections. Violation of this Section by a person not confined
in a penal institution is a Class X felony when the firearm
possessed is a machine gun. Any person who violates this

SB3642 - 1879 - LRB101 20589 WGH 70218 b
Section while confined in a penal institution, which is a
facility of the Illinois Department of Corrections, is guilty
of a Class 1 felony, if he possesses any weapon prohibited
under Section 24-1 of this Code regardless of the intent with
which he possesses it, a Class X felony if he possesses any
firearm, firearm ammunition or explosive, and a Class X felony
for which the offender shall be sentenced to not less than 12
years and not more than 50 years when the firearm possessed is
a machine gun. A violation of this Section while wearing or in
possession of body armor as defined in Section 33F-1 is a Class
X felony punishable by a term of imprisonment of not less than
10 years and not more than 40 years. The possession of each
firearm or firearm ammunition in violation of this Section
constitutes a single and separate violation.
(Source: P.A. 100-3, eff. 1-1-18.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other

SB3642 - 1880 - LRB101 20589 WGH 70218 b
than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used primarily
for the care or treatment of persons with mental
illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale, without
withholding delivery of the firearm for at least 72 hours
after application for its purchase has been made, or
delivers a stun gun or taser, incidental to a sale, without
withholding delivery of the stun gun or taser for at least

SB3642 - 1881 - LRB101 20589 WGH 70218 b
24 hours after application for its purchase has been made.
However, this paragraph (g) does not apply to: (1) the sale
of a firearm to a law enforcement officer if the seller of
the firearm knows that the person to whom he or she is
selling the firearm is a law enforcement officer or the
sale of a firearm to a person who desires to purchase a
firearm for use in promoting the public interest incident
to his or her employment as a bank guard, armed truck
guard, or other similar employment; (2) a mail order sale
of a firearm from a federally licensed firearms dealer to a
nonresident of Illinois under which the firearm is mailed
to a federally licensed firearms dealer outside the
boundaries of Illinois; (3) (blank); (4) the sale of a
firearm to a dealer licensed as a federal firearms dealer
under Section 923 of the federal Gun Control Act of 1968
(18 U.S.C. 923); or (5) the transfer or sale of any rifle,
shotgun, or other long gun to a resident registered
competitor or attendee or non-resident registered
competitor or attendee by any dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 at competitive shooting events held at
the World Shooting Complex sanctioned by a national
governing body. For purposes of transfers or sales under
subparagraph (5) of this paragraph (g), the Department of
Natural Resources shall give notice to the Illinois
Department of State Police at least 30 calendar days prior

SB3642 - 1882 - LRB101 20589 WGH 70218 b
to any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Illinois Department of State Police. The sanctioning body
shall provide a list of all registered competitors and
attendees at least 24 hours before the events to the
Illinois Department of State Police. Any changes to the
list of registered competitors and attendees shall be
forwarded to the Illinois Department of State Police as
soon as practicable. The Illinois Department of State
Police must destroy the list of registered competitors and
attendees no later than 30 days after the date of the
event. Nothing in this paragraph (g) relieves a federally
licensed firearm dealer from the requirements of
conducting a NICS background check through the Illinois
Point of Contact under 18 U.S.C. 922(t). For purposes of
this paragraph (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"
means a group of persons who adopt rules and formulate
policy on behalf of a national firearm sporting
organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame

SB3642 - 1883 - LRB101 20589 WGH 70218 b
or receiver which is a die casting of zinc alloy or any
other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail without
being licensed as a federal firearms dealer under Section
923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or

SB3642 - 1884 - LRB101 20589 WGH 70218 b
disposition of firearms is predominantly one of obtaining
livelihood and pecuniary gain, as opposed to other intents,
such as improving or liquidating a personal firearms
collection; however, proof of profit shall not be required
as to a person who engages in the regular and repetitive
purchase and disposition of firearms for criminal purposes
or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Illinois Department of State
Police under the provisions of the Firearm Owners
Identification Card Act; or (2) a currently valid license
to carry a concealed firearm that has previously been
issued in the transferee's name by the Illinois Department
of State Police under the Firearm Concealed Carry Act. This
paragraph (k) does not apply to the transfer of a firearm
to a person who is exempt from the requirement of
possessing a Firearm Owner's Identification Card under
Section 2 of the Firearm Owners Identification Card Act.
For the purposes of this Section, a currently valid Firearm
Owner's Identification Card means (i) a Firearm Owner's
Identification Card that has not expired or (ii) an
approval number issued in accordance with subsection
(a-10) of subsection 3 or Section 3.1 of the Firearm Owners

SB3642 - 1885 - LRB101 20589 WGH 70218 b
Identification Card Act shall be proof that the Firearm
Owner's Identification Card was valid.
(1) In addition to the other requirements of this
paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses a
firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is stolen
or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment of

SB3642 - 1886 - LRB101 20589 WGH 70218 b
Public Act 78-355 subject to confiscation or seizure under the
provisions of that Public Act. Nothing in Public Act 78-355
shall be construed to prohibit the gift or trade of any firearm
if that firearm was legally held or acquired within 6 months
after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection (A)
commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real property
comprising a school, at a school related activity, or on or
within 1,000 feet of any conveyance owned, leased, or
contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony. Any person
convicted of a second or subsequent violation of unlawful

SB3642 - 1887 - LRB101 20589 WGH 70218 b
sale or delivery of firearms in violation of paragraph (a),
(b), or (i) of subsection (A) in any school, on the real
property comprising a school, within 1,000 feet of the real
property comprising a school, at a school related activity,
or on or within 1,000 feet of any conveyance owned, leased,
or contracted by a school or school district to transport
students to or from school or a school related activity,
regardless of the time of day or time of year at which the
offense was committed, commits a Class 1 felony for which
the sentence shall be a term of imprisonment of no less
than 5 years and no more than 15 years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development, on
the real property comprising any public park, on the real
property comprising any courthouse, or on any public way
within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or

SB3642 - 1888 - LRB101 20589 WGH 70218 b
mixed-income development commits a Class 2 felony.
(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection (A)
commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection (A)
commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both, not
to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection (A)
commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection (A)

SB3642 - 1889 - LRB101 20589 WGH 70218 b
commits a Class 2 felony if the delivery is of one firearm.
Any person convicted of unlawful sale or delivery of
firearms in violation of paragraph (l) of subsection (A)
commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one year period. Any person convicted of unlawful
sale or delivery of firearms in violation of paragraph (l)
of subsection (A) commits a Class X felony for which he or
she shall be sentenced to a term of imprisonment of not
less than 6 years and not more than 30 years if the
delivery is of not less than 6 and not more than 10
firearms at the same time or within a 2 year period. Any
person convicted of unlawful sale or delivery of firearms
in violation of paragraph (l) of subsection (A) commits a
Class X felony for which he or she shall be sentenced to a
term of imprisonment of not less than 6 years and not more
than 40 years if the delivery is of not less than 11 and
not more than 20 firearms at the same time or within a 3
year period. Any person convicted of unlawful sale or
delivery of firearms in violation of paragraph (l) of
subsection (A) commits a Class X felony for which he or she
shall be sentenced to a term of imprisonment of not less
than 6 years and not more than 50 years if the delivery is
of not less than 21 and not more than 30 firearms at the
same time or within a 4 year period. Any person convicted
of unlawful sale or delivery of firearms in violation of

SB3642 - 1890 - LRB101 20589 WGH 70218 b
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 60
years if the delivery is of 31 or more firearms at the same
time or within a 5 year period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or in
part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
(720 ILCS 5/24-3B)
Sec. 24-3B. Firearms trafficking.
(a) A person commits firearms trafficking when he or she
has not been issued a currently valid Firearm Owner's

SB3642 - 1891 - LRB101 20589 WGH 70218 b
Identification Card and knowingly:
(1) brings, or causes to be brought, into this State, a
firearm or firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm or firearm
ammunition to any other person; or
(2) brings, or causes to be brought, into this State, a
firearm and firearm ammunition for the purpose of sale,
delivery, or transfer to any other person or with the
intent to sell, deliver, or transfer the firearm and
firearm ammunition to any other person.
(a-5) This Section does not apply to:
(1) a person exempt under Section 2 of the Firearm
Owners Identification Card Act from the requirement of
having possession of a Firearm Owner's Identification Card
previously issued in his or her name by the Illinois
Department of State Police in order to acquire or possess a
firearm or firearm ammunition;
(2) a common carrier under subsection (i) of Section
24-2 of this Code; or
(3) a non-resident who may lawfully possess a firearm
in his or her resident state.
(b) Sentence.
(1) Firearms trafficking is a Class 1 felony for which
the person, if sentenced to a term of imprisonment, shall
be sentenced to not less than 4 years and not more than 20

SB3642 - 1892 - LRB101 20589 WGH 70218 b
years.
(2) Firearms trafficking by a person who has been
previously convicted of firearms trafficking, gunrunning,
or a felony offense for the unlawful sale, delivery, or
transfer of a firearm or firearm ammunition in this State
or another jurisdiction is a Class X felony.
(Source: P.A. 99-885, eff. 8-23-16.)
(720 ILCS 5/24-6) (from Ch. 38, par. 24-6)
Sec. 24-6. Confiscation and disposition of weapons.
(a) Upon conviction of an offense in which a weapon was
used or possessed by the offender, any weapon seized shall be
confiscated by the trial court.
(b) Any stolen weapon so confiscated, when no longer needed
for evidentiary purposes, shall be returned to the person
entitled to possession, if known. After the disposition of a
criminal case or in any criminal case where a final judgment in
the case was not entered due to the death of the defendant, and
when a confiscated weapon is no longer needed for evidentiary
purposes, and when in due course no legitimate claim has been
made for the weapon, the court may transfer the weapon to the
sheriff of the county who may proceed to destroy it, or may in
its discretion order the weapon preserved as property of the
governmental body whose police agency seized the weapon, or may
in its discretion order the weapon to be transferred to the
Illinois Department of State Police for use by the crime

SB3642 - 1893 - LRB101 20589 WGH 70218 b
laboratory system, for training purposes, or for any other
application as deemed appropriate by the Department. If, after
the disposition of a criminal case, a need still exists for the
use of the confiscated weapon for evidentiary purposes, the
court may transfer the weapon to the custody of the State
Department of Corrections for preservation. The court may not
order the transfer of the weapon to any private individual or
private organization other than to return a stolen weapon to
its rightful owner.
The provisions of this Section shall not apply to
violations of the Fish and Aquatic Life Code or the Wildlife
Code. Confiscation of weapons for Fish and Aquatic Life Code
and Wildlife Code violations shall be only as provided in those
Codes.
(c) Any mental hospital that admits a person as an
inpatient pursuant to any of the provisions of the Mental
Health and Developmental Disabilities Code shall confiscate
any firearms in the possession of that person at the time of
admission, or at any time the firearms are discovered in the
person's possession during the course of hospitalization. The
hospital shall, as soon as possible following confiscation,
transfer custody of the firearms to the appropriate law
enforcement agency. The hospital shall give written notice to
the person from whom the firearm was confiscated of the
identity and address of the law enforcement agency to which it
has given the firearm.

SB3642 - 1894 - LRB101 20589 WGH 70218 b
The law enforcement agency shall maintain possession of any
firearm it obtains pursuant to this subsection for a minimum of
90 days. Thereafter, the firearm may be disposed of pursuant to
the provisions of subsection (b) of this Section.
(Source: P.A. 91-696, eff. 4-13-00.)
(720 ILCS 5/24-8)
Sec. 24-8. Firearm tracing.
(a) Upon recovering a firearm from the possession of anyone
who is not permitted by federal or State law to possess a
firearm, a local law enforcement agency shall use the best
available information, including a firearms trace when
necessary, to determine how and from whom the person gained
possession of the firearm. Upon recovering a firearm that was
used in the commission of any offense classified as a felony or
upon recovering a firearm that appears to have been lost,
mislaid, stolen, or otherwise unclaimed, a local law
enforcement agency shall use the best available information,
including a firearms trace when necessary, to determine prior
ownership of the firearm.
(b) Local law enforcement shall, when appropriate, use the
National Tracing Center of the Federal Bureau of Alcohol,
Tobacco and Firearms in complying with subsection (a) of this
Section.
(c) Local law enforcement agencies shall use the Illinois
Department of State Police Law Enforcement Agencies Data System

SB3642 - 1895 - LRB101 20589 WGH 70218 b
(LEADS) Gun File to enter all stolen, seized, or recovered
firearms as prescribed by LEADS regulations and policies.
(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
(720 ILCS 5/24.8-5)
Sec. 24.8-5. Sentence. A violation of this Article is a
petty offense. The Illinois State Police or any sheriff or
police officer shall seize, take, remove or cause to be removed
at the expense of the owner, any air rifle sold or used in any
manner in violation of this Article.
(Source: P.A. 97-1108, eff. 1-1-13.)
(720 ILCS 5/28-5) (from Ch. 38, par. 28-5)
Sec. 28-5. Seizure of gambling devices and gambling funds.
(a) Every device designed for gambling which is incapable
of lawful use or every device used unlawfully for gambling
shall be considered a "gambling device", and shall be subject
to seizure, confiscation and destruction by the Illinois
Department of State Police or by any municipal, or other local
authority, within whose jurisdiction the same may be found. As
used in this Section, a "gambling device" includes any slot
machine, and includes any machine or device constructed for the
reception of money or other thing of value and so constructed
as to return, or to cause someone to return, on chance to the
player thereof money, property or a right to receive money or
property. With the exception of any device designed for

SB3642 - 1896 - LRB101 20589 WGH 70218 b
gambling which is incapable of lawful use, no gambling device
shall be forfeited or destroyed unless an individual with a
property interest in said device knows of the unlawful use of
the device.
(b) Every gambling device shall be seized and forfeited to
the county wherein such seizure occurs. Any money or other
thing of value integrally related to acts of gambling shall be
seized and forfeited to the county wherein such seizure occurs.
(c) If, within 60 days after any seizure pursuant to
subparagraph (b) of this Section, a person having any property
interest in the seized property is charged with an offense, the
court which renders judgment upon such charge shall, within 30
days after such judgment, conduct a forfeiture hearing to
determine whether such property was a gambling device at the
time of seizure. Such hearing shall be commenced by a written
petition by the State, including material allegations of fact,
the name and address of every person determined by the State to
have any property interest in the seized property, a
representation that written notice of the date, time and place
of such hearing has been mailed to every such person by
certified mail at least 10 days before such date, and a request
for forfeiture. Every such person may appear as a party and
present evidence at such hearing. The quantum of proof required
shall be a preponderance of the evidence, and the burden of
proof shall be on the State. If the court determines that the
seized property was a gambling device at the time of seizure,

SB3642 - 1897 - LRB101 20589 WGH 70218 b
an order of forfeiture and disposition of the seized property
shall be entered: a gambling device shall be received by the
State's Attorney, who shall effect its destruction, except that
valuable parts thereof may be liquidated and the resultant
money shall be deposited in the general fund of the county
wherein such seizure occurred; money and other things of value
shall be received by the State's Attorney and, upon
liquidation, shall be deposited in the general fund of the
county wherein such seizure occurred. However, in the event
that a defendant raises the defense that the seized slot
machine is an antique slot machine described in subparagraph
(b) (7) of Section 28-1 of this Code and therefore he is exempt
from the charge of a gambling activity participant, the seized
antique slot machine shall not be destroyed or otherwise
altered until a final determination is made by the Court as to
whether it is such an antique slot machine. Upon a final
determination by the Court of this question in favor of the
defendant, such slot machine shall be immediately returned to
the defendant. Such order of forfeiture and disposition shall,
for the purposes of appeal, be a final order and judgment in a
civil proceeding.
(d) If a seizure pursuant to subparagraph (b) of this
Section is not followed by a charge pursuant to subparagraph
(c) of this Section, or if the prosecution of such charge is
permanently terminated or indefinitely discontinued without
any judgment of conviction or acquittal (1) the State's

SB3642 - 1898 - LRB101 20589 WGH 70218 b
Attorney shall commence an in rem proceeding for the forfeiture
and destruction of a gambling device, or for the forfeiture and
deposit in the general fund of the county of any seized money
or other things of value, or both, in the circuit court and (2)
any person having any property interest in such seized gambling
device, money or other thing of value may commence separate
civil proceedings in the manner provided by law.
(e) Any gambling device displayed for sale to a riverboat
gambling operation, casino gambling operation, or organization
gaming facility or used to train occupational licensees of a
riverboat gambling operation, casino gambling operation, or
organization gaming facility as authorized under the Illinois
Gambling Act is exempt from seizure under this Section.
(f) Any gambling equipment, devices, and supplies provided
by a licensed supplier in accordance with the Illinois Gambling
Act which are removed from a riverboat, casino, or organization
gaming facility for repair are exempt from seizure under this
Section.
(g) The following video gaming terminals are exempt from
seizure under this Section:
(1) Video gaming terminals for sale to a licensed
distributor or operator under the Video Gaming Act.
(2) Video gaming terminals used to train licensed
technicians or licensed terminal handlers.
(3) Video gaming terminals that are removed from a
licensed establishment, licensed truck stop establishment,

SB3642 - 1899 - LRB101 20589 WGH 70218 b
licensed large truck stop establishment, licensed
fraternal establishment, or licensed veterans
establishment for repair.
(h) Property seized or forfeited under this Section is
subject to reporting under the Seizure and Forfeiture Reporting
Act.
(i) Any sports lottery terminals provided by a central
system provider that are removed from a lottery retailer for
repair under the Sports Wagering Act are exempt from seizure
under this Section.
(Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25, Section
25-915, eff. 6-28-19; 101-31, Article 35, Section 35-80, eff.
6-28-19; revised 7-12-19.)
(720 ILCS 5/29B-0.5)
Sec. 29B-0.5. Definitions. In this Article:
"Conduct" or "conducts" includes, in addition to its
ordinary meaning, initiating, concluding, or participating in
initiating or concluding a transaction.
"Criminally derived property" means: (1) any property,
real or personal, constituting or derived from proceeds
obtained, directly or indirectly, from activity that
constitutes a felony under State, federal, or foreign law; or
(2) any property represented to be property constituting or
derived from proceeds obtained, directly or indirectly, from
activity that constitutes a felony under State, federal, or

SB3642 - 1900 - LRB101 20589 WGH 70218 b
foreign law.
"Department" means the Department of State Police of this
State or its successor agency.
"Director" means the Director of the Illinois State Police
or his or her designated agents.
"Financial institution" means any bank; savings and loan
association; trust company; agency or branch of a foreign bank
in the United States; currency exchange; credit union; mortgage
banking institution; pawnbroker; loan or finance company;
operator of a credit card system; issuer, redeemer, or cashier
of travelers checks, checks, or money orders; dealer in
precious metals, stones, or jewels; broker or dealer in
securities or commodities; investment banker; or investment
company.
"Financial transaction" means a purchase, sale, loan,
pledge, gift, transfer, delivery, or other disposition
utilizing criminally derived property, and with respect to
financial institutions, includes a deposit, withdrawal,
transfer between accounts, exchange of currency, loan,
extension of credit, purchase or sale of any stock, bond,
certificate of deposit or other monetary instrument, use of
safe deposit box, or any other payment, transfer or delivery
by, through, or to a financial institution. "Financial
transaction" also means a transaction which without regard to
whether the funds, monetary instruments, or real or personal
property involved in the transaction are criminally derived,

SB3642 - 1901 - LRB101 20589 WGH 70218 b
any transaction which in any way or degree: (1) involves the
movement of funds by wire or any other means; (2) involves one
or more monetary instruments; or (3) the transfer of title to
any real or personal property. The receipt by an attorney of
bona fide fees for the purpose of legal representation is not a
financial transaction for purposes of this Article.
"Form 4-64" means the Illinois State Police
Notice/Inventory of Seized Property (Form 4-64).
"Knowing that the property involved in a financial
transaction represents the proceeds of some form of unlawful
activity" means that the person knew the property involved in
the transaction represented proceeds from some form, though not
necessarily which form, of activity that constitutes a felony
under State, federal, or foreign law.
"Monetary instrument" means United States coins and
currency; coins and currency of a foreign country; travelers
checks; personal checks, bank checks, and money orders;
investment securities; bearer negotiable instruments; bearer
investment securities; or bearer securities and certificates
of stock in a form that title passes upon delivery.
"Specified criminal activity" means any violation of
Section 29D-15.1 and any violation of Article 29D of this Code.
"Transaction reporting requirement under State law" means
any violation as defined under the Currency Reporting Act.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)

SB3642 - 1902 - LRB101 20589 WGH 70218 b
(720 ILCS 5/29B-3)
Sec. 29B-3. Duty to enforce this Article.
(a) It is the duty of the Illinois Department of State
Police, and its agents, officers, and investigators, to enforce
this Article, except those provisions otherwise specifically
delegated, and to cooperate with all agencies charged with the
enforcement of the laws of the United States, or of any state,
relating to money laundering. Only an agent, officer, or
investigator designated by the Director may be authorized in
accordance with this Section to serve seizure notices,
warrants, subpoenas, and summonses under the authority of this
State.
(b) An agent, officer, investigator, or peace officer
designated by the Director may: (1) make seizure of property
under this Article; and (2) perform other law enforcement
duties as the Director designates. It is the duty of all
State's Attorneys to prosecute violations of this Article and
institute legal proceedings as authorized under this Article.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-4)
Sec. 29B-4. Protective orders and warrants for forfeiture
purposes.
(a) Upon application of the State, the court may enter a
restraining order or injunction, require the execution of a
satisfactory performance bond, or take any other action to

SB3642 - 1903 - LRB101 20589 WGH 70218 b
preserve the availability of property described in Section
29B-5 of this Article for forfeiture under this Article:
(1) upon the filing of an indictment, information, or
complaint charging a violation of this Article for which
forfeiture may be ordered under this Article and alleging
that the property with respect to which the order is sought
would be subject to forfeiture under this Article; or
(2) prior to the filing of the indictment, information,
or complaint, if, after notice to persons appearing to have
an interest in the property and opportunity for a hearing,
the court determines that:
(A) there is probable cause to believe that the
State will prevail on the issue of forfeiture and that
failure to enter the order will result in the property
being destroyed, removed from the jurisdiction of the
court, or otherwise made unavailable for forfeiture;
and
(B) the need to preserve the availability of the
property through the entry of the requested order
outweighs the hardship on any party against whom the
order is to be entered.
Provided, however, that an order entered under
paragraph (2) of this Section shall be effective for not
more than 90 days, unless extended by the court for good
cause shown or unless an indictment, information,
complaint, or administrative notice has been filed.

SB3642 - 1904 - LRB101 20589 WGH 70218 b
(b) A temporary restraining order under this subsection (b)
may be entered upon application of the State without notice or
opportunity for a hearing when an indictment, information,
complaint, or administrative notice has not yet been filed with
respect to the property, if the State demonstrates that there
is probable cause to believe that the property with respect to
which the order is sought would be subject to forfeiture under
this Article and that provision of notice will jeopardize the
availability of the property for forfeiture. The temporary
order shall expire not more than 30 days after the date on
which it is entered, unless extended for good cause shown or
unless the party against whom it is entered consents to an
extension for a longer period. A hearing requested concerning
an order entered under this subsection (b) shall be held at the
earliest possible time and prior to the expiration of the
temporary order.
(c) The court may receive and consider, at a hearing held
under this Section, evidence and information that would be
inadmissible under the Illinois rules of evidence.
(d) Under its authority to enter a pretrial restraining
order under this Section, the court may order a defendant to
repatriate any property that may be seized and forfeited and to
deposit that property pending trial with the Illinois
Department of State Police or another law enforcement agency
designated by the Illinois Department of State Police. Failure
to comply with an order under this Section is punishable as a

SB3642 - 1905 - LRB101 20589 WGH 70218 b
civil or criminal contempt of court.
(e) The State may request the issuance of a warrant
authorizing the seizure of property described in Section 29B-5
of this Article in the same manner as provided for a search
warrant. If the court determines that there is probable cause
to believe that the property to be seized would be subject to
forfeiture, the court shall issue a warrant authorizing the
seizure of that property.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-12)
Sec. 29B-12. Non-judicial forfeiture. If non-real
property that exceeds $20,000 in value excluding the value of
any conveyance, or if real property is seized under the
provisions of this Article, the State's Attorney shall
institute judicial in rem forfeiture proceedings as described
in Section 29B-13 of this Article within 28 days from receipt
of notice of seizure from the seizing agency under Section
29B-8 of this Article. However, if non-real property that does
not exceed $20,000 in value excluding the value of any
conveyance is seized, the following procedure shall be used:
(1) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then, within 28
days after the receipt of notice of seizure from the
seizing agency, the State's Attorney shall cause notice of

SB3642 - 1906 - LRB101 20589 WGH 70218 b
pending forfeiture to be given to the owner of the property
and all known interest holders of the property in
accordance with Section 29B-10 of this Article.
(2) The notice of pending forfeiture shall include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct giving
rise to forfeiture or the violation of law alleged, and a
summary of procedures and procedural rights applicable to
the forfeiture action.
(3)(A) Any person claiming an interest in property that
is the subject of notice under paragraph (1) of this
Section, must, in order to preserve any rights or claims to
the property, within 45 days after the effective date of
notice as described in Section 29B-10 of this Article, file
a verified claim with the State's Attorney expressing his
or her interest in the property. The claim shall set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;

SB3642 - 1907 - LRB101 20589 WGH 70218 b
(v) the names and addresses of all other persons
known to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(B) If a claimant files the claim, then the State's
Attorney shall institute judicial in rem forfeiture
proceedings with the clerk of the court as described in
Section 29B-13 of this Article within 28 days after receipt
of the claim.
(4) If no claim is filed within the 28-day period as
described in paragraph (3) of this Section, the State's
Attorney shall declare the property forfeited and shall
promptly notify the owner and all known interest holders of
the property and the Director of the Illinois State Police
of the declaration of forfeiture and the Director shall
dispose of the property in accordance with law.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
(720 ILCS 5/29B-20)
Sec. 29B-20. Settlement of claims. Notwithstanding other
provisions of this Article, the State's Attorney and a claimant
of seized property may enter into an agreed-upon settlement
concerning the seized property in such an amount and upon such

SB3642 - 1908 - LRB101 20589 WGH 70218 b
terms as are set out in writing in a settlement agreement. All
proceeds from a settlement agreement shall be tendered to the
Illinois Department of State Police and distributed under
Section 29B-26 of this Article.
(Source: P.A. 100-699, eff. 8-3-18.)
(720 ILCS 5/29B-25)
Sec. 29B-25. Return of property, damages, and costs.
(a) The law enforcement agency that holds custody of
property seized for forfeiture shall deliver property ordered
by the court to be returned or conveyed to the claimant within
a reasonable time not to exceed 7 days, unless the order is
stayed by the trial court or a reviewing court pending an
appeal, motion to reconsider, or other reason.
(b) The law enforcement agency that holds custody of
property is responsible for any damages, storage fees, and
related costs applicable to property returned. The claimant
shall not be subject to any charges by the State for storage of
the property or expenses incurred in the preservation of the
property. Charges for the towing of a conveyance shall be borne
by the claimant unless the conveyance was towed for the sole
reason of seizure for forfeiture. This Section does not
prohibit the imposition of any fees or costs by a home rule
unit of local government related to the impoundment of a
conveyance under an ordinance enacted by the unit of
government.

SB3642 - 1909 - LRB101 20589 WGH 70218 b
(c) A law enforcement agency shall not retain forfeited
property for its own use or transfer the property to any person
or entity, except as provided under this Section. A law
enforcement agency may apply in writing to the Director of the
Illinois State Police to request that forfeited property be
awarded to the agency for a specifically articulated official
law enforcement use in an investigation. The Director shall
provide a written justification in each instance detailing the
reasons why the forfeited property was placed into official use
and the justification shall be retained for a period of not
less than 3 years.
(d) A claimant or a party interested in personal property
contained within a seized conveyance may file a request with
the State's Attorney in a non-judicial forfeiture action, or a
motion with the court in a judicial forfeiture action for the
return of any personal property contained within a conveyance
that is seized under this Article. The return of personal
property shall not be unreasonably withheld if the personal
property is not mechanically or electrically coupled to the
conveyance, needed for evidentiary purposes, or otherwise
contraband. Any law enforcement agency that returns property
under a court order under this Section shall not be liable to
any person who claims ownership to the property if it is
returned to an improper party.
(Source: P.A. 100-699, eff. 8-3-18.)

SB3642 - 1910 - LRB101 20589 WGH 70218 b
(720 ILCS 5/29B-26)
Sec. 29B-26. Distribution of proceeds. All moneys and the
sale proceeds of all other property forfeited and seized under
this Article shall be distributed as follows:
(1) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State law
enforcement agency or agencies that conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws.
(2)(i) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use in the enforcement of laws. In
counties over 3,000,000 population, 25% shall be
distributed to the Office of the State's Attorney for use
in the enforcement of laws. If the prosecution is
undertaken solely by the Attorney General, the portion
provided under this subparagraph (i) shall be distributed

SB3642 - 1911 - LRB101 20589 WGH 70218 b
to the Attorney General for use in the enforcement of laws.
(ii) 12.5% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited in
the Narcotics Profit Forfeiture Fund of that office to be
used for additional expenses incurred in the
investigation, prosecution, and appeal of cases arising
under laws. The Office of the State's Attorneys Appellate
Prosecutor shall not receive distribution from cases
brought in counties with over 3,000,000 population.
(3) 10% shall be retained by the Illinois Department of
State Police for expenses related to the administration and
sale of seized and forfeited property.
Moneys and the sale proceeds distributed to the Illinois
Department of State Police under this Article shall be
deposited in the Money Laundering Asset Recovery Fund created
in the State treasury and shall be used by the Illinois
Department of State Police for State law enforcement purposes.
All moneys and sale proceeds of property forfeited and seized
under this Article and distributed according to this Section
may also be used to purchase opioid antagonists as defined in
Section 5-23 of the Substance Use Disorder Act.
(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
(720 ILCS 5/32-2) (from Ch. 38, par. 32-2)
Sec. 32-2. Perjury.
(a) A person commits perjury when, under oath or

SB3642 - 1912 - LRB101 20589 WGH 70218 b
affirmation, in a proceeding or in any other matter where by
law the oath or affirmation is required, he or she makes a
false statement, material to the issue or point in question,
knowing the statement is false.
(b) Proof of Falsity.
An indictment or information for perjury alleging that the
offender, under oath, has knowingly made contradictory
statements, material to the issue or point in question, in the
same or in different proceedings, where the oath or affirmation
is required, need not specify which statement is false. At the
trial, the prosecution need not establish which statement is
false.
(c) Admission of Falsity.
Where the contradictory statements are made in the same
continuous trial, an admission by the offender in that same
continuous trial of the falsity of a contradictory statement
shall bar prosecution therefor under any provisions of this
Code.
(d) A person shall be exempt from prosecution under
subsection (a) of this Section if he or she is a peace officer
who uses a false or fictitious name in the enforcement of the
criminal laws, and this use is approved in writing as provided
in Section 10-1 of "The Liquor Control Act of 1934", as
amended, Section 5 of "An Act in relation to the use of an
assumed name in the conduct or transaction of business in this
State", approved July 17, 1941, as amended, or Section 2605-200

SB3642 - 1913 - LRB101 20589 WGH 70218 b
of the Illinois Department of State Police Law. However, this
exemption shall not apply to testimony in judicial proceedings
where the identity of the peace officer is material to the
issue, and he or she is ordered by the court to disclose his or
her identity.
(e) Sentence.
Perjury is a Class 3 felony.
(Source: P.A. 97-1108, eff. 1-1-13.)
(720 ILCS 5/32-8) (from Ch. 38, par. 32-8)
Sec. 32-8. Tampering with public records.
(a) A person commits tampering with public records when he
or she knowingly, without lawful authority, and with the intent
to defraud any party, public officer or entity, alters,
destroys, defaces, removes or conceals any public record.
(b) (Blank).
(c) A judge, circuit clerk or clerk of court, public
official or employee, court reporter, or other person commits
tampering with public records when he or she knowingly, without
lawful authority, and with the intent to defraud any party,
public officer or entity, alters, destroys, defaces, removes,
or conceals any public record received or held by any judge or
by a clerk of any court.
(c-5) "Public record" expressly includes, but is not
limited to, court records, or documents, evidence, or exhibits
filed with the clerk of the court and which have become a part

SB3642 - 1914 - LRB101 20589 WGH 70218 b
of the official court record, pertaining to any civil or
criminal proceeding in any court.
(d) Sentence. A violation of subsection (a) is a Class 4
felony. A violation of subsection (c) is a Class 3 felony. Any
person convicted under subsection (c) who at the time of the
violation was responsible for making, keeping, storing, or
reporting the record for which the tampering occurred:
(1) shall forfeit his or her public office or public
employment, if any, and shall thereafter be ineligible for
both State and local public office and public employment in
this State for a period of 5 years after completion of any
term of probation, conditional discharge, or incarceration
in a penitentiary including the period of mandatory
supervised release;
(2) shall forfeit all retirement, pension, and other
benefits arising out of public office or public employment
as may be determined by the court in accordance with the
applicable provisions of the Illinois Pension Code;
(3) shall be subject to termination of any professional
licensure or registration in this State as may be
determined by the court in accordance with the provisions
of the applicable professional licensing or registration
laws;
(4) may be ordered by the court, after a hearing in
accordance with applicable law and in addition to any other
penalty or fine imposed by the court, to forfeit to the

SB3642 - 1915 - LRB101 20589 WGH 70218 b
State an amount equal to any financial gain or the value of
any advantage realized by the person as a result of the
offense; and
(5) may be ordered by the court, after a hearing in
accordance with applicable law and in addition to any other
penalty or fine imposed by the court, to pay restitution to
the victim in an amount equal to any financial loss or the
value of any advantage lost by the victim as a result of
the offense.
For the purposes of this subsection (d), an offense under
subsection (c) committed by a person holding public office or
public employment shall be rebuttably presumed to relate to or
arise out of or in connection with that public office or public
employment.
(e) Any party litigant who believes a violation of this
Section has occurred may seek the restoration of the court
record as provided in the Court Records Restoration Act. Any
order of the court denying the restoration of the court record
may be appealed as any other civil judgment.
(f) When the sheriff or local law enforcement agency having
jurisdiction declines to investigate, or inadequately
investigates, the court or any interested party, shall notify
the Illinois State Police of a suspected violation of
subsection (a) or (c), who shall have the authority to
investigate, and may investigate, the same, without regard to
whether the local law enforcement agency has requested the

SB3642 - 1916 - LRB101 20589 WGH 70218 b
Illinois State Police to do so.
(g) If the State's Attorney having jurisdiction declines to
prosecute a violation of subsection (a) or (c), the court or
interested party shall notify the Attorney General of the
refusal. The Attorney General shall, thereafter, have the
authority to prosecute, and may prosecute, the violation,
without a referral from the State's Attorney.
(h) Prosecution of a violation of subsection (c) shall be
commenced within 3 years after the act constituting the
violation is discovered or reasonably should have been
discovered.
(Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11;
97-1108, eff. 1-1-13.)
(720 ILCS 5/33-2) (from Ch. 38, par. 33-2)
Sec. 33-2. Failure to report a bribe. Any public officer,
public employee or juror who fails to report forthwith to the
local State's Attorney, or in the case of a State employee to
the Illinois Department of State Police, any offer made to him
in violation of Section 33-1 commits a Class A misdemeanor.
In the case of a State employee, the making of such report
to the Illinois Department of State Police shall discharge such
employee from any further duty under this Section. Upon
receiving any such report, the Illinois Department of State
Police shall forthwith transmit a copy thereof to the
appropriate State's Attorney.

SB3642 - 1917 - LRB101 20589 WGH 70218 b
(Source: P.A. 84-25.)
(720 ILCS 5/33-3.1)
Sec. 33-3.1. Solicitation misconduct (State government).
(a) An employee of an executive branch constitutional
officer commits solicitation misconduct (State government)
when, at any time, he or she knowingly solicits or receives
contributions, as that term is defined in Section 9-1.4 of the
Election Code, from a person engaged in a business or activity
over which the person has regulatory authority.
(b) For the purpose of this Section, "employee of an
executive branch constitutional officer" means a full-time or
part-time salaried employee, full-time or part-time salaried
appointee, or any contractual employee of any office, board,
commission, agency, department, authority, administrative
unit, or corporate outgrowth under the jurisdiction of an
executive branch constitutional officer; and "regulatory
authority" means having the responsibility to investigate,
inspect, license, or enforce regulatory measures necessary to
the requirements of any State or federal statute or regulation
relating to the business or activity.
(c) An employee of an executive branch constitutional
officer, including one who does not have regulatory authority,
commits a violation of this Section if that employee knowingly
acts in concert with an employee of an executive branch
constitutional officer who does have regulatory authority to

SB3642 - 1918 - LRB101 20589 WGH 70218 b
solicit or receive contributions in violation of this Section.
(d) Solicitation misconduct (State government) is a Class A
misdemeanor. An employee of an executive branch constitutional
officer convicted of committing solicitation misconduct (State
government) forfeits his or her employment.
(e) An employee of an executive branch constitutional
officer who is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against in the
terms and conditions of employment because of lawful acts done
by the employee or on behalf of the employee or others in
furtherance of the enforcement of this Section shall be
entitled to all relief necessary to make the employee whole.
(f) Any person who knowingly makes a false report of
solicitation misconduct (State government) to the Illinois
State Police, the Attorney General, a State's Attorney, or any
law enforcement official is guilty of a Class C misdemeanor.
(Source: P.A. 92-853, eff. 8-28-02.)
(720 ILCS 5/33-3.2)
Sec. 33-3.2. Solicitation misconduct (local government).
(a) An employee of a chief executive officer of a local
government commits solicitation misconduct (local government)
when, at any time, he or she knowingly solicits or receives
contributions, as that term is defined in Section 9-1.4 of the
Election Code, from a person engaged in a business or activity
over which the person has regulatory authority.

SB3642 - 1919 - LRB101 20589 WGH 70218 b
(b) For the purpose of this Section, "chief executive
officer of a local government" means an executive officer of a
county, township or municipal government or any administrative
subdivision under jurisdiction of the county, township, or
municipal government including but not limited to: chairman or
president of a county board or commission, mayor or village
president, township supervisor, county executive, municipal
manager, assessor, auditor, clerk, coroner, recorder, sheriff
or State's Attorney; "employee of a chief executive officer of
a local government" means a full-time or part-time salaried
employee, full-time or part-time salaried appointee, or any
contractual employee of any office, board, commission, agency,
department, authority, administrative unit, or corporate
outgrowth under the jurisdiction of a chief executive officer
of a local government; and "regulatory authority" means having
the responsibility to investigate, inspect, license, or
enforce regulatory measures necessary to the requirements of
any State, local, or federal statute or regulation relating to
the business or activity.
(c) An employee of a chief executive officer of a local
government, including one who does not have regulatory
authority, commits a violation of this Section if that employee
knowingly acts in concert with an employee of a chief executive
officer of a local government who does have regulatory
authority to solicit or receive contributions in violation of
this Section.

SB3642 - 1920 - LRB101 20589 WGH 70218 b
(d) Solicitation misconduct (local government) is a Class A
misdemeanor. An employee of a chief executive officer of a
local government convicted of committing solicitation
misconduct (local government) forfeits his or her employment.
(e) An employee of a chief executive officer of a local
government who is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against in the
terms and conditions of employment because of lawful acts done
by the employee or on behalf of the employee or others in
furtherance of the enforcement of this Section shall be
entitled to all relief necessary to make the employee whole.
(f) Any person who knowingly makes a false report of
solicitation misconduct (local government) to the Illinois
State Police, the Attorney General, a State's Attorney, or any
law enforcement official is guilty of a Class C misdemeanor.
(Source: P.A. 92-853, eff. 8-28-02.)
(720 ILCS 5/36-1.1)
Sec. 36-1.1. Seizure.
(a) Any property subject to forfeiture under this Article
may be seized and impounded by the Director of the Illinois
State Police or any peace officer upon process or seizure
warrant issued by any court having jurisdiction over the
property.
(b) Any property subject to forfeiture under this Article
may be seized and impounded by the Director of the Illinois

SB3642 - 1921 - LRB101 20589 WGH 70218 b
State Police or any peace officer without process if there is
probable cause to believe that the property is subject to
forfeiture under Section 36-1 of this Article and the property
is seized under circumstances in which a warrantless seizure or
arrest would be reasonable.
(c) If the seized property is a conveyance, an
investigation shall be made by the law enforcement agency as to
any person whose right, title, interest, or lien is of record
in the office of the agency or official in which title to or
interest in the conveyance is required by law to be recorded.
(d) After seizure under this Section, notice shall be given
to all known interest holders that forfeiture proceedings,
including a preliminary review, may be instituted and the
proceedings may be instituted under this Article.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(720 ILCS 5/36-1.3)
Sec. 36-1.3. Safekeeping of seized property pending
disposition.
(a) Property seized under this Article is deemed to be in
the custody of the Director of the Illinois State Police,
subject only to the order and judgments of the circuit court
having jurisdiction over the forfeiture proceedings and the
decisions of the State's Attorney under this Article.
(b) If property is seized under this Article, the seizing
agency shall promptly conduct an inventory of the seized

SB3642 - 1922 - LRB101 20589 WGH 70218 b
property and estimate the property's value and shall forward a
copy of the inventory of seized property and the estimate of
the property's value to the Director of the Illinois State
Police. Upon receiving notice of seizure, the Director of the
Illinois State Police may:
(1) place the property under seal;
(2) remove the property to a place designated by the
Director of the Illinois State Police;
(3) keep the property in the possession of the seizing
agency;
(4) remove the property to a storage area for
safekeeping;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
seizing agency.
(c) The seizing agency shall exercise ordinary care to
protect the subject of the forfeiture from negligent loss,
damage, or destruction.
(d) Property seized or forfeited under this Article is
subject to reporting under the Seizure and Forfeiture Reporting

SB3642 - 1923 - LRB101 20589 WGH 70218 b
Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
100-1163, eff. 12-20-18.)
(720 ILCS 5/36-2.2)
Sec. 36-2.2. Replevin prohibited; return of personal
property inside seized conveyance.
(a) Property seized under this Article shall not be subject
to replevin, but is deemed to be in the custody of the Director
of the Illinois State Police, subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney.
(b) A claimant or a party interested in personal property
contained within a seized conveyance may file a motion with the
court in a judicial forfeiture action for the return of any
personal property contained within a conveyance seized under
this Article. The return of personal property shall not be
unreasonably withheld if the personal property is not
mechanically or electrically coupled to the conveyance, needed
for evidentiary purposes, or otherwise contraband. A law
enforcement agency that returns property under a court order
under this Section shall not be liable to any person who claims
ownership to the property if the property is returned to an
improper party.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)

SB3642 - 1924 - LRB101 20589 WGH 70218 b
(720 ILCS 5/36-7)
Sec. 36-7. Distribution of proceeds; selling or retaining
seized property prohibited.
(a) Except as otherwise provided in this Section, the court
shall order that property forfeited under this Article be
delivered to the Illinois Department of State Police within 60
days.
(b) The Illinois Department of State Police or its designee
shall dispose of all property at public auction and shall
distribute the proceeds of the sale, together with any moneys
forfeited or seized, under subsection (c) of this Section.
(c) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:
(1) 65% shall be distributed to the drug task force,
metropolitan enforcement group, local, municipal, county,
or State law enforcement agency or agencies that conducted
or participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or

SB3642 - 1925 - LRB101 20589 WGH 70218 b
agencies shall be used, at the discretion of the agency,
for the enforcement of criminal laws; or for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or for security
cameras used for the prevention or detection of violence,
except that amounts distributed to the Secretary of State
shall be deposited into the Secretary of State Evidence
Fund to be used as provided in Section 2-115 of the
Illinois Vehicle Code.
Any local, municipal, or county law enforcement agency
entitled to receive a monetary distribution of forfeiture
proceeds may share those forfeiture proceeds pursuant to
the terms of an intergovernmental agreement with a
municipality that has a population in excess of 20,000 if:
(A) the receiving agency has entered into an
intergovernmental agreement with the municipality to
provide police services;
(B) the intergovernmental agreement for police
services provides for consideration in an amount of not
less than $1,000,000 per year;
(C) the seizure took place within the geographical
limits of the municipality; and
(D) the funds are used only for the enforcement of
criminal laws; for public education in the community or
schools in the prevention or detection of the abuse of
drugs or alcohol; or for security cameras used for the

SB3642 - 1926 - LRB101 20589 WGH 70218 b
prevention or detection of violence or the
establishment of a municipal police force, including
the training of officers, construction of a police
station, the purchase of law enforcement equipment, or
vehicles.
(2) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use, at the discretion of the State's
Attorney, in the enforcement of criminal laws; or for
public education in the community or schools in the
prevention or detection of the abuse of drugs or alcohol;
or at the discretion of the State's Attorney, in addition
to other authorized purposes, to make grants to local
substance abuse treatment facilities and half-way houses.
In counties over 3,000,000 population, 25% will be
distributed to the Office of the State's Attorney for use,
at the discretion of the State's Attorney, in the
enforcement of criminal laws; or for public education in
the community or schools in the prevention or detection of
the abuse of drugs or alcohol; or at the discretion of the
State's Attorney, in addition to other authorized
purposes, to make grants to local substance abuse treatment
facilities and half-way houses. If the prosecution is
undertaken solely by the Attorney General, the portion

SB3642 - 1927 - LRB101 20589 WGH 70218 b
provided shall be distributed to the Attorney General for
use in the enforcement of criminal laws governing cannabis
and controlled substances or for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol.
12.5% shall be distributed to the Office of the State's
Attorneys Appellate Prosecutor and shall be used at the
discretion of the State's Attorneys Appellate Prosecutor
for additional expenses incurred in the investigation,
prosecution and appeal of cases arising in the enforcement
of criminal laws; or for public education in the community
or schools in the prevention or detection of the abuse of
drugs or alcohol. The Office of the State's Attorneys
Appellate Prosecutor shall not receive distribution from
cases brought in counties with over 3,000,000 population.
(3) 10% shall be retained by the Illinois Department of
State Police for expenses related to the administration and
sale of seized and forfeited property.
(d) A law enforcement agency shall not retain forfeited
property for its own use or transfer the property to any person
or entity, except as provided under this Section. A law
enforcement agency may apply in writing to the Director of the
Illinois State Police to request that forfeited property be
awarded to the agency for a specifically articulated official
law enforcement use in an investigation. The Director of the
Illinois State Police shall provide a written justification in

SB3642 - 1928 - LRB101 20589 WGH 70218 b
each instance detailing the reasons why the forfeited property
was placed into official use, and the justification shall be
retained for a period of not less than 3 years.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
Section 985. The Cannabis Control Act is amended by
changing Sections 3, 4, 8, 10.2, 11, 15.2, 16.2, and 17 as
follows:
(720 ILCS 550/3) (from Ch. 56 1/2, par. 703)
Sec. 3. As used in this Act, unless the context otherwise
requires:
(a) "Cannabis" includes marihuana, hashish and other
substances which are identified as including any parts of the
plant Cannabis Sativa, whether growing or not; the seeds
thereof, the resin extracted from any part of such plant; and
any compound, manufacture, salt, derivative, mixture, or
preparation of such plant, its seeds, or resin, including
tetrahydrocannabinol (THC) and all other cannabinol
derivatives, including its naturally occurring or
synthetically produced ingredients, whether produced directly
or indirectly by extraction, or independently by means of
chemical synthesis or by a combination of extraction and
chemical synthesis; but shall not include the mature stalks of
such plant, fiber produced from such stalks, oil or cake made
from the seeds of such plant, any other compound, manufacture,

SB3642 - 1929 - LRB101 20589 WGH 70218 b
salt, derivative, mixture, or preparation of such mature stalks
(except the resin extracted therefrom), fiber, oil or cake, or
the sterilized seed of such plant which is incapable of
germination.
(b) "Casual delivery" means the delivery of not more than
10 grams of any substance containing cannabis without
consideration.
(c) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(d) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of cannabis, with or
without consideration, whether or not there is an agency
relationship.
(e) (Blank). "Department of State Police" means the
Department of State Police of the State of Illinois or its
successor agency.
(f) "Director" means the Director of the Illinois
Department of State Police or his designated agent.
(g) "Local authorities" means a duly organized State,
county, or municipal peace unit or police force.
(h) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of
cannabis, either directly or indirectly, by extraction from
substances of natural origin, or independently by means of
chemical synthesis, or by a combination of extraction and

SB3642 - 1930 - LRB101 20589 WGH 70218 b
chemical synthesis, and includes any packaging or repackaging
of cannabis or labeling of its container, except that this term
does not include the preparation, compounding, packaging, or
labeling of cannabis as an incident to lawful research,
teaching, or chemical analysis and not for sale.
(i) "Person" means any individual, corporation, government
or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other entity.
(j) "Produce" or "production" means planting, cultivating,
tending or harvesting.
(k) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(l) "Subsequent offense" means an offense under this Act,
the offender of which, prior to his conviction of the offense,
has at any time been convicted under this Act or under any laws
of the United States or of any state relating to cannabis, or
any controlled substance as defined in the Illinois Controlled
Substances Act.
(Source: P.A. 100-1091, eff. 8-26-18; 101-593, eff. 12-4-19.)
(720 ILCS 550/4) (from Ch. 56 1/2, par. 704)
Sec. 4. Except as otherwise provided in the Cannabis
Regulation and Tax Act and the Industrial Hemp Act, it is
unlawful for any person knowingly to possess cannabis.

SB3642 - 1931 - LRB101 20589 WGH 70218 b
Any person who violates this Section with respect to:
(a) not more than 10 grams of any substance containing
cannabis is guilty of a civil law violation punishable by a
minimum fine of $100 and a maximum fine of $200. The
proceeds of the fine shall be payable to the clerk of the
circuit court. Within 30 days after the deposit of the
fine, the clerk shall distribute the proceeds of the fine
as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for the
violation shall be used to defer the cost of automatic
expungements under paragraph (2.5) of subsection (a)
of Section 5.2 of the Criminal Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Illinois
Department of State Police, the moneys shall be remitted by

SB3642 - 1932 - LRB101 20589 WGH 70218 b
the circuit court clerk to the Illinois Department of State
Police within one month after receipt for deposit into the
State Police Operations Assistance Fund. With respect to
funds designated for the Department of Natural Resources,
the Department of Natural Resources shall deposit the
moneys into the Conservation Police Operations Assistance
Fund;
(b) more than 10 grams but not more than 30 grams of
any substance containing cannabis is guilty of a Class B
misdemeanor;
(c) more than 30 grams but not more than 100 grams of
any substance containing cannabis is guilty of a Class A
misdemeanor; provided, that if any offense under this
subsection (c) is a subsequent offense, the offender shall
be guilty of a Class 4 felony;
(d) more than 100 grams but not more than 500 grams of
any substance containing cannabis is guilty of a Class 4
felony; provided that if any offense under this subsection
(d) is a subsequent offense, the offender shall be guilty
of a Class 3 felony;
(e) more than 500 grams but not more than 2,000 grams
of any substance containing cannabis is guilty of a Class 3
felony;
(f) more than 2,000 grams but not more than 5,000 grams
of any substance containing cannabis is guilty of a Class 2
felony;

SB3642 - 1933 - LRB101 20589 WGH 70218 b
(g) more than 5,000 grams of any substance containing
cannabis is guilty of a Class 1 felony.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
Sec. 8. Except as otherwise provided in the Cannabis
Regulation and Tax Act and the Industrial Hemp Act, it is
unlawful for any person knowingly to produce the Cannabis
sativa plant or to possess such plants unless production or
possession has been authorized pursuant to the provisions of
Section 11 or 15.2 of the Act. Any person who violates this
Section with respect to production or possession of:
(a) Not more than 5 plants is guilty of a civil
violation punishable by a minimum fine of $100 and a
maximum fine of $200. The proceeds of the fine are payable
to the clerk of the circuit court. Within 30 days after the
deposit of the fine, the clerk shall distribute the
proceeds of the fine as follows:
(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for the
violation shall be used to defer the cost of automatic
expungements under paragraph (2.5) of subsection (a)
of Section 5.2 of the Criminal Identification Act;

SB3642 - 1934 - LRB101 20589 WGH 70218 b
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Illinois
Department of State Police, the moneys shall be remitted by
the circuit court clerk to the Illinois Department of State
Police within one month after receipt for deposit into the
State Police Operations Assistance Fund. With respect to
funds designated for the Department of Natural Resources,
the Department of Natural Resources shall deposit the
moneys into the Conservation Police Operations Assistance
Fund.
(b) More than 5, but not more than 20 plants, is guilty
of a Class 4 felony.
(c) More than 20, but not more than 50 plants, is
guilty of a Class 3 felony.
(d) More than 50, but not more than 200 plants, is
guilty of a Class 2 felony for which a fine not to exceed
$100,000 may be imposed and for which liability for the
cost of conducting the investigation and eradicating such
plants may be assessed. Compensation for expenses incurred

SB3642 - 1935 - LRB101 20589 WGH 70218 b
in the enforcement of this provision shall be transmitted
to and deposited in the treasurer's office at the level of
government represented by the Illinois law enforcement
agency whose officers or employees conducted the
investigation or caused the arrest or arrests leading to
the prosecution, to be subsequently made available to that
law enforcement agency as expendable receipts for use in
the enforcement of laws regulating controlled substances
and cannabis. If such seizure was made by a combination of
law enforcement personnel representing different levels of
government, the court levying the assessment shall
determine the allocation of such assessment. The proceeds
of assessment awarded to the State treasury shall be
deposited in a special fund known as the Drug Traffic
Prevention Fund.
(e) More than 200 plants is guilty of a Class 1 felony
for which a fine not to exceed $100,000 may be imposed and
for which liability for the cost of conducting the
investigation and eradicating such plants may be assessed.
Compensation for expenses incurred in the enforcement of
this provision shall be transmitted to and deposited in the
treasurer's office at the level of government represented
by the Illinois law enforcement agency whose officers or
employees conducted the investigation or caused the arrest
or arrests leading to the prosecution, to be subsequently
made available to that law enforcement agency as expendable

SB3642 - 1936 - LRB101 20589 WGH 70218 b
receipts for use in the enforcement of laws regulating
controlled substances and cannabis. If such seizure was
made by a combination of law enforcement personnel
representing different levels of government, the court
levying the assessment shall determine the allocation of
such assessment. The proceeds of assessment awarded to the
State treasury shall be deposited in a special fund known
as the Drug Traffic Prevention Fund.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
(720 ILCS 550/10.2) (from Ch. 56 1/2, par. 710.2)
Sec. 10.2. (a) Twelve and one-half percent of all amounts
collected as fines pursuant to the provisions of this Act shall
be paid into the Youth Drug Abuse Prevention Fund, which is
hereby created in the State treasury, to be used by the
Department of Human Services for the funding of programs and
services for drug-abuse treatment, and prevention and
education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of
all fines received under the provisions of this Act shall be
transmitted to and deposited in the treasurer's office at the
level of government as follows:
(1) If such seizure was made by a combination of law
enforcement personnel representing differing units of
local government, the court levying the fine shall
equitably allocate 50% of the fine among these units of

SB3642 - 1937 - LRB101 20589 WGH 70218 b
local government and shall allocate 37 1/2% to the county
general corporate fund. In the event that the seizure was
made by law enforcement personnel representing a unit of
local government from a municipality where the number of
inhabitants exceeds 2 million in population, the court
levying the fine shall allocate 87 1/2% of the fine to that
unit of local government. If the seizure was made by a
combination of law enforcement personnel representing
differing units of local government, and at least one of
those units represents a municipality where the number of
inhabitants exceeds 2 million in population, the court
shall equitably allocate 87 1/2% of the proceeds of the
fines received among the differing units of local
government.
(2) If such seizure was made by State law enforcement
personnel, then the court shall allocate 37 1/2% to the
State treasury and 50% to the county general corporate
fund.
(3) If a State law enforcement agency in combination
with a law enforcement agency or agencies of a unit or
units of local government conducted the seizure, the court
shall equitably allocate 37 1/2% of the fines to or among
the law enforcement agency or agencies of the unit or units
of local government which conducted the seizure and shall
allocate 50% to the county general corporate fund.
(c) The proceeds of all fines allocated to the law

SB3642 - 1938 - LRB101 20589 WGH 70218 b
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating controlled substances and
cannabis. The proceeds of fines awarded to the State treasury
shall be deposited in a special fund known as the Drug Traffic
Prevention Fund, except that amounts distributed to the
Secretary of State shall be deposited into the Secretary of
State Evidence Fund to be used as provided in Section 2-115 of
the Illinois Vehicle Code. Monies from this fund may be used by
the Illinois Department of State Police for use in the
enforcement of laws regulating controlled substances and
cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; to defray costs
and expenses associated with returning violators of this Act,
the Illinois Controlled Substances Act, and the
Methamphetamine Control and Community Protection Act only, as
provided in such Acts, when punishment of the crime shall be
confinement of the criminal in the penitentiary; and all other
monies shall be paid into the general revenue fund in the State
treasury.
(Source: P.A. 94-556, eff. 9-11-05.)
(720 ILCS 550/11) (from Ch. 56 1/2, par. 711)
Sec. 11. (a) The Department, with the written approval of
the Illinois Department of State Police, may authorize the

SB3642 - 1939 - LRB101 20589 WGH 70218 b
possession, production, manufacture and delivery of substances
containing cannabis by persons engaged in research and when
such authorization is requested by a physician licensed to
practice medicine in all its branches, such authorization shall
issue without unnecessary delay where the Department finds that
such physician licensed to practice medicine in all its
branches has certified that such possession, production,
manufacture or delivery of such substance is necessary for the
treatment of glaucoma, the side effects of chemotherapy or
radiation therapy in cancer patients or such other procedure
certified to be medically necessary; such authorization shall
be, upon such terms and conditions as may be consistent with
the public health and safety. To the extent of the applicable
authorization, persons are exempt from prosecution in this
State for possession, production, manufacture or delivery of
cannabis.
(b) Persons registered under Federal law to conduct
research with cannabis may conduct research with cannabis
including, but not limited to treatment by a physician licensed
to practice medicine in all its branches for glaucoma, the side
effects of chemotherapy or radiation therapy in cancer patients
or such other procedure which is medically necessary within
this State upon furnishing evidence of that Federal
registration and notification of the scope and purpose of such
research to the Department and to the Illinois Department of
State Police of that Federal registration.

SB3642 - 1940 - LRB101 20589 WGH 70218 b
(c) Persons authorized to engage in research may be
authorized by the Department to protect the privacy of
individuals who are the subjects of such research by
withholding from all persons not connected with the conduct of
the research the names and other identifying characteristics of
such individuals. Persons who are given this authorization
shall not be compelled in any civil, criminal, administrative,
legislative or other proceeding to identify the individuals who
are the subjects of research for which the authorization was
granted, except to the extent necessary to permit the
Department to determine whether the research is being conducted
in accordance with the authorization.
(Source: P.A. 84-25.)
(720 ILCS 550/15.2)
Sec. 15.2. Industrial hemp pilot program.
(a) Pursuant to Section 7606 of the federal Agricultural
Act of 2014, an institution of higher education or the
Department of Agriculture may grow or cultivate industrial hemp
if:
(1) the industrial hemp is grown or cultivated for
purposes of research conducted under an agricultural pilot
program or other agricultural or academic research;
(2) the pilot program studies the growth, cultivation,
or marketing of industrial hemp; and
(3) any site used for the growing or cultivating of

SB3642 - 1941 - LRB101 20589 WGH 70218 b
industrial hemp is certified by, and registered with, the
Department of Agriculture.
(b) Before conducting industrial hemp research, an
institution of higher education shall notify the Department of
Agriculture and any local law enforcement agency in writing.
(c) The institution of higher education shall provide
quarterly reports and an annual report to the Department of
Agriculture on the research and the research program shall be
subject to random inspection by the Department of Agriculture,
the Illinois Department of State Police, or local law
enforcement agencies. The institution of higher education
shall submit the annual report to the Department of Agriculture
on or before October 1.
(d) The Department of Agriculture may adopt rules to
implement this Section. In order to provide for the expeditious
and timely implementation of this Section, upon notification by
an institution of higher education that the institution wishes
to engage in the growth or cultivation of industrial hemp for
agricultural research purposes, the Department of Agriculture
may adopt emergency rules under Section 5-45 of the Illinois
Administrative Procedure Act to implement the provisions of
this Section. If changes to the rules are required to comply
with federal rules, the Department of Agriculture may adopt
peremptory rules as necessary to comply with changes to
corresponding federal rules. All other rules that the
Department of Agriculture deems necessary to adopt in

SB3642 - 1942 - LRB101 20589 WGH 70218 b
connection with this Section must proceed through the ordinary
rule-making process. The adoption of emergency rules
authorized by this Section shall be deemed to be necessary for
the public interest, safety, and welfare.
The Department of Agriculture may determine, by rule, the
duration of an institution of higher education's pilot program
or industrial hemp research. If the institution of higher
education has not completed its program within the timeframe
established by rule, then the Department of Agriculture may
grant an extension to the pilot program if unanticipated
circumstances arose that impacted the program.
(e) As used in this Section:
"Industrial hemp" means cannabis sativa L. having no more
than 0.3% total THC available, upon heating, or maximum delta-9
tetrahydrocannabinol content possible.
"Institution of higher education" means a State
institution of higher education that offers a 4-year degree in
agricultural science.
(Source: P.A. 98-1072, eff. 1-1-15; 99-78, eff. 7-20-15.)
(720 ILCS 550/16.2)
Sec. 16.2. Preservation of cannabis or cannabis sativa
plants for laboratory testing.
(a) Before or after the trial in a prosecution for a
violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law
enforcement agency or an agent acting on behalf of the law

SB3642 - 1943 - LRB101 20589 WGH 70218 b
enforcement agency must preserve, subject to a continuous chain
of custody, not less than 6,001 grams of any substance
containing cannabis and not less than 51 cannabis sativa plants
with respect to the offenses enumerated in this subsection (a)
and must maintain sufficient documentation to locate that
evidence. Excess quantities with respect to the offenses
enumerated in this subsection (a) cannot practicably be
retained by a law enforcement agency because of its size, bulk,
and physical character.
(b) The court may before trial transfer excess quantities
of any substance containing cannabis or cannabis sativa plants
with respect to a prosecution for any offense enumerated in
subsection (a) to the sheriff of the county, or may in its
discretion transfer such evidence to the Illinois Department of
State Police, for destruction after notice is given to the
defendant's attorney of record or to the defendant if the
defendant is proceeding pro se.
(c) After a judgment of conviction is entered and the
charged quantity is no longer needed for evidentiary purposes
with respect to a prosecution for any offense enumerated in
subsection (a), the court may transfer any substance containing
cannabis or cannabis sativa plants to the sheriff of the
county, or may in its discretion transfer such evidence to the
Illinois Department of State Police, for destruction after
notice is given to the defendant's attorney of record or to the
defendant if the defendant is proceeding pro se. No evidence

SB3642 - 1944 - LRB101 20589 WGH 70218 b
shall be disposed of until 30 days after the judgment is
entered, and if a notice of appeal is filed, no evidence shall
be disposed of until the mandate has been received by the
circuit court from the Appellate Court.
(Source: P.A. 94-180, eff. 7-12-05.)
(720 ILCS 550/17) (from Ch. 56 1/2, par. 717)
Sec. 17. It is hereby made the duty of the Illinois
Department of State Police, all peace officers within the State
and of all State's attorneys, to enforce all provisions of this
Act and to cooperate with all agencies charged with the
enforcement of the laws of the United States, of this State,
and of all other states, relating to cannabis.
(Source: P.A. 84-25.)
Section 990. The Illinois Controlled Substances Act is
amended by changing Section 102 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Addict" means any person who habitually uses any drug,
chemical, substance or dangerous drug other than alcohol so as
to endanger the public morals, health, safety or welfare or who
is so far addicted to the use of a dangerous drug or controlled
substance other than alcohol as to have lost the power of self

SB3642 - 1945 - LRB101 20589 WGH 70218 b
control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:
(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),

SB3642 - 1946 - LRB101 20589 WGH 70218 b
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-
hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone

SB3642 - 1947 - LRB101 20589 WGH 70218 b
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-
dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),

SB3642 - 1948 - LRB101 20589 WGH 70218 b
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane,
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane,
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-
hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),

SB3642 - 1949 - LRB101 20589 WGH 70218 b
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),
(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-

SB3642 - 1950 - LRB101 20589 WGH 70218 b
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is
expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human Services
for such administration, and which the person intends to
administer or have administered through such implants, shall

SB3642 - 1951 - LRB101 20589 WGH 70218 b
not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on the
prescriber-patient-pharmacist relationship in the course of
professional practice or (2) for the purpose of, or incident
to, research, teaching, or chemical analysis and not for sale
or dispensing. "Compounding" includes the preparation of drugs
or devices in anticipation of receiving prescription drug
orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is not
reasonably available from normal distribution channels in a

SB3642 - 1952 - LRB101 20589 WGH 70218 b
timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance,
immediate precursor, or synthetic drug in the Schedules of
Article II of this Act or (ii) a drug or other substance, or
immediate precursor, designated as a controlled substance by
the Department through administrative rule. The term does not
include distilled spirits, wine, malt beverages, or tobacco, as
those terms are defined or used in the Liquor Control Act of
1934 and the Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled substance
in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that is
substantially similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,

SB3642 - 1953 - LRB101 20589 WGH 70218 b
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.
(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall

SB3642 - 1954 - LRB101 20589 WGH 70218 b
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including
but not limited to alcohol, cannabis and its active principles
and their analogs, benzodiazepines and their analogs,
barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.
(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other

SB3642 - 1955 - LRB101 20589 WGH 70218 b
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an
electronic record of health-related information on an
individual that is created, gathered, managed, and consulted by
authorized health care clinicians and staff.
(t-4) "Emergency medical services personnel" has the
meaning ascribed to it in the Emergency Medical Services (EMS)
Systems Act.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule III
substances (nonnarcotic controlled substances) that are used
by a euthanasia agency for the purpose of animal euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course of
professional treatment to or for any person who is under his or

SB3642 - 1956 - LRB101 20589 WGH 70218 b
her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided herein:
and application of the term to a pharmacist shall mean the
dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards including, but not limited to
the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by a
pharmacy in compounding solutions for direct administration to
a patient in a private residence, long-term care facility, or

SB3642 - 1957 - LRB101 20589 WGH 70218 b
hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the Illinois State
Police of the State of Illinois, or its successor agency.
(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used or
likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable person

SB3642 - 1958 - LRB101 20589 WGH 70218 b
to believe that the substance is a controlled substance, or (2)
is expressly or impliedly represented to be a controlled
substance or is distributed under circumstances which would
lead a reasonable person to believe that the substance is a
controlled substance. For the purpose of determining whether
the representations made or the circumstances of the
distribution would lead a reasonable person to believe the
substance to be a controlled substance under this clause (2) of
subsection (y), the court or other authority may consider the
following factors in addition to any other factor that may be
relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial

SB3642 - 1959 - LRB101 20589 WGH 70218 b
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized
to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits the
manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug or
drugs by any person registered pursuant to Section 510 of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term

SB3642 - 1960 - LRB101 20589 WGH 70218 b
does not include:
(1) by an ultimate user, the preparation or compounding
of a controlled substance for his or her own use; or
(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe through
a written delegation of authority by a physician licensed to
practice medicine in all of its branches, in accordance with
Section 7.5 of the Physician Assistant Practice Act of 1987,
(ii) an advanced practice registered nurse who has been
delegated authority to prescribe through a written delegation
of authority by a physician licensed to practice medicine in
all of its branches or by a podiatric physician, in accordance
with Section 65-40 of the Nurse Practice Act, (iii) an advanced
practice registered nurse certified as a nurse practitioner,

SB3642 - 1961 - LRB101 20589 WGH 70218 b
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act, (iv)
an animal euthanasia agency, or (v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine and
ecgonine, and their isomers, derivatives and salts, have
been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,
and salts of isomers;

SB3642 - 1962 - LRB101 20589 WGH 70218 b
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a local
registered pharmacist or a registered assistant pharmacist

SB3642 - 1963 - LRB101 20589 WGH 70218 b
under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the Pharmacy
Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice registered nurse,
licensed practical nurse, registered nurse, emergency medical
services personnel, hospital, laboratory, or pharmacy, or
other person licensed, registered, or otherwise lawfully
permitted by the United States or this State to distribute,
dispense, conduct research with respect to, administer or use
in teaching or chemical analysis, a controlled substance in the
course of professional practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written
prescription that is individually generated by machine or

SB3642 - 1964 - LRB101 20589 WGH 70218 b
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
prescribing psychologist licensed under Section 4.2 of the
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement required under Section 7.5 of
the Physician Assistant Practice Act of 1987, an advanced
practice registered nurse with prescriptive authority
delegated under Section 65-40 of the Nurse Practice Act and in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement under Section 65-35 of the
Nurse Practice Act, an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has been granted authority to prescribe by
a hospital affiliate in accordance with Section 65-45 of the
Nurse Practice Act and in accordance with Section 303.05, or an
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn) "Prescription" means a written, facsimile, or oral

SB3642 - 1965 - LRB101 20589 WGH 70218 b
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician or
veterinarian for any controlled substance, of an optometrist in
accordance with Section 15.1 of the Illinois Optometric
Practice Act of 1987, of a prescribing psychologist licensed
under Section 4.2 of the Clinical Psychologist Licensing Act
with prescriptive authority delegated under Section 4.3 of the
Clinical Psychologist Licensing Act, of a physician assistant
for a controlled substance in accordance with Section 303.05, a
written delegation, and a written collaborative agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, of an advanced practice registered nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act, of an advanced
practice registered nurse certified as a nurse practitioner,
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act and in
accordance with Section 303.05 when required by law, or of an
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the

SB3642 - 1966 - LRB101 20589 WGH 70218 b
Nurse Practice Act.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section 316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an
overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be

SB3642 - 1967 - LRB101 20589 WGH 70218 b
habit-forming or lead to a substance abuse problem, including
but not limited to amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(rr-10) "Synthetic drug" includes, but is not limited to,
any synthetic cannabinoids or piperazines or any synthetic
cathinones as provided for in Schedule I.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
99-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff. 7-28-16;
100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513, eff.
1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
Section 1000. The Methamphetamine Control and Community
Protection Act is amended by changing Sections 10, 90, and 95
as follows:
(720 ILCS 646/10)
Sec. 10. Definitions. As used in this Act:
"Anhydrous ammonia" has the meaning provided in subsection
(d) of Section 3 of the Illinois Fertilizer Act of 1961.
"Anhydrous ammonia equipment" means all items used to

SB3642 - 1968 - LRB101 20589 WGH 70218 b
store, hold, contain, handle, transfer, transport, or apply
anhydrous ammonia for lawful purposes.
"Booby trap" means any device designed to cause physical
injury when triggered by an act of a person approaching,
entering, or moving through a structure, a vehicle, or any
location where methamphetamine has been manufactured, is being
manufactured, or is intended to be manufactured.
"Deliver" or "delivery" has the meaning provided in
subsection (h) of Section 102 of the Illinois Controlled
Substances Act.
"Director" means the Director of the Illinois State Police
or the Director's designated agents.
"Dispose" or "disposal" means to abandon, discharge,
release, deposit, inject, dump, spill, leak, or place
methamphetamine waste onto or into any land, water, or well of
any type so that the waste has the potential to enter the
environment, be emitted into the air, or be discharged into the
soil or any waters, including groundwater.
"Emergency response" means the act of collecting evidence
from or securing a methamphetamine laboratory site,
methamphetamine waste site or other methamphetamine-related
site and cleaning up the site, whether these actions are
performed by public entities or private contractors paid by
public entities.
"Emergency service provider" means a local, State, or
federal peace officer, firefighter, emergency medical

SB3642 - 1969 - LRB101 20589 WGH 70218 b
technician-ambulance, emergency medical
technician-intermediate, emergency medical
technician-paramedic, ambulance driver, or other medical or
first aid personnel rendering aid, or any agent or designee of
the foregoing.
"Finished methamphetamine" means methamphetamine in a form
commonly used for personal consumption.
"Firearm" has the meaning provided in Section 1.1 of the
Firearm Owners Identification Card Act.
"Manufacture" means to produce, prepare, compound,
convert, process, synthesize, concentrate, purify, separate,
extract, or package any methamphetamine, methamphetamine
precursor, methamphetamine manufacturing catalyst,
methamphetamine manufacturing reagent, methamphetamine
manufacturing solvent, or any substance containing any of the
foregoing.
"Methamphetamine" means the chemical methamphetamine (a
Schedule II controlled substance under the Illinois Controlled
Substances Act) or any salt, optical isomer, salt of optical
isomer, or analog thereof, with the exception of
3,4-Methylenedioxymethamphetamine (MDMA) or any other
scheduled substance with a separate listing under the Illinois
Controlled Substances Act.
"Methamphetamine manufacturing catalyst" means any
substance that has been used, is being used, or is intended to
be used to activate, accelerate, extend, or improve a chemical

SB3642 - 1970 - LRB101 20589 WGH 70218 b
reaction involved in the manufacture of methamphetamine.
"Methamphetamine manufacturing environment" means a
structure or vehicle in which:
(1) methamphetamine is being or has been manufactured;
(2) chemicals that are being used, have been used, or
are intended to be used to manufacture methamphetamine are
stored;
(3) methamphetamine manufacturing materials that have
been used to manufacture methamphetamine are stored; or
(4) methamphetamine manufacturing waste is stored.
"Methamphetamine manufacturing material" means any
methamphetamine precursor, substance containing any
methamphetamine precursor, methamphetamine manufacturing
catalyst, substance containing any methamphetamine
manufacturing catalyst, methamphetamine manufacturing reagent,
substance containing any methamphetamine manufacturing
reagent, methamphetamine manufacturing solvent, substance
containing any methamphetamine manufacturing solvent, or any
other chemical, substance, ingredient, equipment, apparatus,
or item that is being used, has been used, or is intended to be
used in the manufacture of methamphetamine.
"Methamphetamine manufacturing reagent" means any
substance other than a methamphetamine manufacturing catalyst
that has been used, is being used, or is intended to be used to
react with and chemically alter any methamphetamine precursor.
"Methamphetamine manufacturing solvent" means any

SB3642 - 1971 - LRB101 20589 WGH 70218 b
substance that has been used, is being used, or is intended to
be used as a medium in which any methamphetamine precursor,
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, or any substance containing any of the
foregoing is dissolved, diluted, or washed during any part of
the methamphetamine manufacturing process.
"Methamphetamine manufacturing waste" means any chemical,
substance, ingredient, equipment, apparatus, or item that is
left over from, results from, or is produced by the process of
manufacturing methamphetamine, other than finished
methamphetamine.
"Methamphetamine precursor" means ephedrine,
pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
isomer, or salt of an optical isomer of any of these chemicals.
"Multi-unit dwelling" means a unified structure used or
intended for use as a habitation, home, or residence that
contains 2 or more condominiums, apartments, hotel rooms, motel
rooms, or other living units.
"Package" means an item marked for retail sale that is not
designed to be further broken down or subdivided for the
purpose of retail sale.
"Participate" or "participation" in the manufacture of
methamphetamine means to produce, prepare, compound, convert,
process, synthesize, concentrate, purify, separate, extract,
or package any methamphetamine, methamphetamine precursor,

SB3642 - 1972 - LRB101 20589 WGH 70218 b
methamphetamine manufacturing catalyst, methamphetamine
manufacturing reagent, methamphetamine manufacturing solvent,
or any substance containing any of the foregoing, or to assist
in any of these actions, or to attempt to take any of these
actions, regardless of whether this action or these actions
result in the production of finished methamphetamine.
"Person with a disability" means a person who suffers from
a permanent physical or mental impairment resulting from
disease, injury, functional disorder, or congenital condition
which renders the person incapable of adequately providing for
his or her own health and personal care.
"Procure" means to purchase, steal, gather, or otherwise
obtain, by legal or illegal means, or to cause another to take
such action.
"Second or subsequent offense" means an offense under this
Act committed by an offender who previously committed an
offense under this Act, the Illinois Controlled Substances Act,
the Cannabis Control Act, or another Act of this State, another
state, or the United States relating to methamphetamine,
cannabis, or any other controlled substance.
"Standard dosage form", as used in relation to any
methamphetamine precursor, means that the methamphetamine
precursor is contained in a pill, tablet, capsule, caplet, gel
cap, or liquid cap that has been manufactured by a lawful
entity and contains a standard quantity of methamphetamine
precursor.

SB3642 - 1973 - LRB101 20589 WGH 70218 b
"Unauthorized container", as used in relation to anhydrous
ammonia, means any container that is not designed for the
specific and sole purpose of holding, storing, transporting, or
applying anhydrous ammonia. "Unauthorized container" includes,
but is not limited to, any propane tank, fire extinguisher,
oxygen cylinder, gasoline can, food or beverage cooler, or
compressed gas cylinder used in dispensing fountain drinks.
"Unauthorized container" does not encompass anhydrous ammonia
manufacturing plants, refrigeration systems where anhydrous
ammonia is used solely as a refrigerant, anhydrous ammonia
transportation pipelines, anhydrous ammonia tankers, or
anhydrous ammonia barges.
(Source: P.A. 97-434, eff. 1-1-12.)
(720 ILCS 646/90)
Sec. 90. Methamphetamine restitution.
(a) If a person commits a violation of this Act in a manner
that requires an emergency response, the person shall be
required to make restitution to all public entities involved in
the emergency response, to cover the reasonable cost of their
participation in the emergency response, including but not
limited to regular and overtime costs incurred by local law
enforcement agencies and private contractors paid by the public
agencies in securing the site. The convicted person shall make
this restitution in addition to any other fine or penalty
required by law.

SB3642 - 1974 - LRB101 20589 WGH 70218 b
(b) Any restitution payments made under this Section shall
be disbursed equitably by the circuit clerk in the following
order:
(1) first, to the agency responsible for the mitigation
of the incident;
(2) second, to the local agencies involved in the
emergency response;
(3) third, to the State agencies involved in the
emergency response; and
(4) fourth, to the federal agencies involved in the
emergency response.
(c) In addition to any other penalties and liabilities, a
person who is convicted of violating any Section of this Act,
whose violation proximately caused any incident resulting in an
appropriate emergency response, shall be assessed a fine of
$2,500, payable to the circuit clerk, who shall distribute the
money to the law enforcement agency responsible for the
mitigation of the incident. If the person has been previously
convicted of violating any Section of this Act, the fine shall
be $5,000 and the circuit clerk shall distribute the money to
the law enforcement agency responsible for the mitigation of
the incident. In the event that more than one agency is
responsible for an arrest which does not require mitigation,
the amount payable to law enforcement agencies shall be shared
equally. Any moneys received by a law enforcement agency under
this Section shall be used for law enforcement expenses.

SB3642 - 1975 - LRB101 20589 WGH 70218 b
Any moneys collected for the Illinois State Police shall be
remitted to the State Treasurer and deposited into the State
Police Operations Assistance Fund.
(Source: P.A. 100-987, eff. 7-1-19.)
(720 ILCS 646/95)
Sec. 95. Youth Drug Abuse Prevention Fund.
(a) Twelve and one-half percent of all amounts collected as
fines pursuant to the provisions of this Article shall be paid
into the Youth Drug Abuse Prevention Fund created by the
Controlled Substances Act in the State treasury, to be used by
the Department for the funding of programs and services for
drug-abuse treatment, and prevention and education services,
for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of
all fines received under the provisions of this Act shall be
transmitted to and deposited into the State treasury and
distributed as follows:
(1) If such seizure was made by a combination of law
enforcement personnel representing differing units of
local government, the court levying the fine shall
equitably allocate 50% of the fine among these units of
local government and shall allocate 37.5% to the county
general corporate fund. If the seizure was made by law
enforcement personnel representing a unit of local
government from a municipality where the number of

SB3642 - 1976 - LRB101 20589 WGH 70218 b
inhabitants exceeds 2 million in population, the court
levying the fine shall allocate 87.5% of the fine to that
unit of local government. If the seizure was made by a
combination of law enforcement personnel representing
differing units of local government and if at least one of
those units represents a municipality where the number of
inhabitants exceeds 2 million in population, the court
shall equitably allocate 87.5% of the proceeds of the fines
received among the differing units of local government.
(2) If such seizure was made by State law enforcement
personnel, then the court shall allocate 37.5% to the State
treasury and 50% to the county general corporate fund.
(3) If a State law enforcement agency in combination
with any law enforcement agency or agencies of a unit or
units of local government conducted the seizure, the court
shall equitably allocate 37.5% of the fines to or among the
law enforcement agency or agencies of the unit or units of
local government that conducted the seizure and shall
allocate 50% to the county general corporate fund.
(c) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating controlled substances and
cannabis. The proceeds of fines awarded to the State treasury
shall be deposited in a special fund known as the Drug Traffic

SB3642 - 1977 - LRB101 20589 WGH 70218 b
Prevention Fund, except that amounts distributed to the
Secretary of State shall be deposited into the Secretary of
State Evidence Fund to be used as provided in Section 2-115 of
the Illinois Vehicle Code. Moneys from this Fund may be used by
the Illinois Department of State Police for use in the
enforcement of laws regulating controlled substances and
cannabis; to satisfy funding provisions of the
Intergovernmental Drug Laws Enforcement Act; to defray costs
and expenses associated with returning violators of the
Cannabis Control Act and this Act only, as provided in those
Acts, when punishment of the crime shall be confinement of the
criminal in the penitentiary; and all other moneys shall be
paid into the General Revenue Fund in the State treasury.
(Source: P.A. 94-556, eff. 9-11-05.)
Section 1005. The Methamphetamine Precursor Control Act is
amended by changing Section 10 as follows:
(720 ILCS 648/10)
Sec. 10. Definitions. In this Act:
"Administer" or "administration" has the meaning provided
in Section 102 of the Illinois Controlled Substances Act.
"Agent" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Authorized representative" means an employee or agent of a
qualified outside entity who has been authorized in writing by

SB3642 - 1978 - LRB101 20589 WGH 70218 b
his or her agency or office to receive confidential information
from the Central Repository.
"Central Repository" means the entity chosen by the
Illinois State Police to handle electronic transaction records
as described in this Act.
"Convenience package" means any package that contains 360
milligrams or less of ephedrine or pseudoephedrine, their salts
or optical isomers, or salts of optical isomers in liquid or
liquid-filled capsule form.
"Covered pharmacy" means any pharmacy that distributes any
amount of targeted methamphetamine precursor that is
physically located in Illinois.
"Deliver" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Dispense" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Distribute" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Electronic transaction record" means, with respect to the
distribution of a targeted methamphetamine precursor by a
pharmacy to a recipient under Section 25 of this Act, an
electronic record that includes: the name and address of the
recipient; date and time of the transaction; brand and product
name and total quantity distributed of ephedrine or
pseudoephedrine, their salts, or optical isomers, or salts of
optical isomers; identification type and identification number

SB3642 - 1979 - LRB101 20589 WGH 70218 b
of the identification presented by the recipient; and the name
and address of the pharmacy.
"Identification information" means identification type and
identification number.
"Identification number" means the number that appears on
the identification furnished by the recipient of a targeted
methamphetamine precursor.
"Identification type" means the type of identification
furnished by the recipient of a targeted methamphetamine
precursor such as, by way of example only, an Illinois driver's
license or United States passport.
"List I chemical" has the meaning provided in 21 U.S.C.
Section 802.
"Methamphetamine precursor" has the meaning provided in
Section 10 of the Methamphetamine Control and Community
Protection Act.
"Package" means an item packaged and marked for retail sale
that is not designed to be further broken down or subdivided
for the purpose of retail sale.
"Pharmacist" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Pharmacy" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Practitioner" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Prescriber" has the meaning provided in Section 102 of the

SB3642 - 1980 - LRB101 20589 WGH 70218 b
Illinois Controlled Substances Act.
"Prescription" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Procure" means to purchase, steal, gather, or otherwise
obtain, for oneself or another person, by legal or illegal
means, or to cause another to take that action.
"Qualified outside entity" means a law enforcement agency
or prosecutor's office with authority to identify,
investigate, or prosecute violations of this Act or any other
State or federal law or rule involving a methamphetamine
precursor, methamphetamine, or any other controlled substance.
"Readily retrievable" has the meaning provided in 21 C.F.R.
part 1300.
"Recipient" means a person purchasing, receiving, or
otherwise acquiring a targeted methamphetamine precursor from
a pharmacy in Illinois, as described in Section 25 of this Act.
"Retail distributor" means a grocery store, general
merchandise store, drug store, other merchandise store, or
other entity or person whose activities as a distributor
relating to drug products containing targeted methamphetamine
precursor are limited exclusively or almost exclusively to
sales for personal use by an ultimate user, both in number of
sales and volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.
"Sales employee" means any employee or agent, other than a
pharmacist or pharmacy technician who at any time (a) operates

SB3642 - 1981 - LRB101 20589 WGH 70218 b
a cash register at which convenience packages may be sold, (b)
stocks shelves containing convenience packages, or (c) trains
or supervises any other employee or agent who engages in any of
the preceding activities.
"Single retail transaction" means a sale by a retail
distributor to a recipient at a specific time.
"Targeted methamphetamine precursor" means any compound,
mixture, or preparation that contains any detectable quantity
of ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers.
"Targeted package" means a package, including a
convenience package, containing any amount of targeted
methamphetamine precursor.
"Ultimate user" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
(Source: P.A. 97-670, eff. 1-19-12; 98-371, eff. 8-16-13.)
Section 1010. The Methamphetamine Precursor Tracking Act
is amended by changing Sections 10, 15, 20, and 25 as follows:
(720 ILCS 649/10)
Sec. 10. Definitions. In this Act:
"Administer" or "administration" has the meaning provided
in Section 102 of the Illinois Controlled Substances Act.
"Agent" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.

SB3642 - 1982 - LRB101 20589 WGH 70218 b
"Authorized representative" means an employee or agent of a
qualified outside entity who has been authorized in writing by
his or her agency or office to receive confidential information
from the central repository.
"Central Repository" means the entity chosen by the
Illinois State Police to handle electronic transaction records
as described in this Act.
"Convenience package" means any package that contains 360
milligrams or less of ephedrine or pseudoephedrine, their salts
or optical isomers, or salts of optical isomers in liquid or
liquid filled capsule form.
"Covered pharmacy" means any pharmacy that distributes any
amount of targeted methamphetamine precursor that is
physically located in Illinois.
"Deliver" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Dispense" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Distribute" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Electronic transaction record" means, with respect to the
distribution of a targeted methamphetamine precursor by a
pharmacy to a recipient under Section 25 of the Methamphetamine
Precursor Control Act, an electronic record that includes: the
name and address of the recipient; date and time of the
transaction; brand and product name and total quantity

SB3642 - 1983 - LRB101 20589 WGH 70218 b
distributed of ephedrine or pseudoephedrine, their salts, or
optical isomers, or salts of optical isomers; identification
type and identification number of the identification presented
by the recipient; and the name and address of the pharmacy.
"Identification information" means identification type and
identification number.
"Identification number" means the number that appears on
the identification furnished by the recipient of a targeted
methamphetamine precursor.
"Identification type" means the type of identification
furnished by the recipient of a targeted methamphetamine
precursor such as, by way of example only, an Illinois driver's
license or United States passport.
"List I chemical" has the meaning provided in 21 U.S.C.
802.
"Methamphetamine precursor" has the meaning provided in
Section 10 of the Methamphetamine Control and Community
Protection Act.
"Package" means an item packaged and marked for retail sale
that is not designed to be further broken down or subdivided
for the purpose of retail sale.
"Pharmacist" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Pharmacy" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Practitioner" has the meaning provided in Section 102 of

SB3642 - 1984 - LRB101 20589 WGH 70218 b
the Illinois Controlled Substances Act.
"Prescriber" has the meaning provided in Section 102 of the
Illinois Controlled Substances Act.
"Prescription" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
"Qualified outside entity" means:
(1) a law enforcement agency or prosecutor's office
with authority to identify, investigate, or prosecute
violations of this Act or any other State or federal law or
rule involving a methamphetamine precursor,
methamphetamine, or any other controlled substance;
(2) any probation and court services department
authorized by the Probation and Probation Officers Act;
(3) the Department of Corrections;
(4) the Department of Juvenile Justice;
(5) the U.S. Probation and Pretrial Services System; or
(6) the U.S. Parole Commission.
"Readily retrievable" has the meaning provided in 21 C.F.R.
part 1300.
"Recipient" means a person purchasing, receiving, or
otherwise acquiring a targeted methamphetamine precursor from
a pharmacy in Illinois, as described in Section 25 of the
Methamphetamine Precursor Control Act.
"Retail distributor" means a grocery store, general
merchandise store, drug store, other merchandise store, or
other entity or person whose activities as a distributor

SB3642 - 1985 - LRB101 20589 WGH 70218 b
relating to drug products containing targeted methamphetamine
precursor are limited exclusively or almost exclusively to
sales for personal use by an ultimate user, both in number of
sales and volume of sales, either directly to walk-in customers
or in face-to-face transactions by direct sales.
"Sales employee" means any employee or agent, other than a
pharmacist or pharmacy technician who at any time (1) operates
a cash register at which convenience packages may be sold, (2)
stocks shelves containing convenience packages, or (3) trains
or supervises any other employee or agent who engages in any of
the preceding activities.
"Single retail transaction" means a sale by a retail
distributor to a recipient at a specific time.
"Targeted methamphetamine precursor" means any compound,
mixture, or preparation that contains any detectable quantity
of ephedrine or pseudoephedrine, their salts or optical
isomers, or salts of optical isomers.
"Targeted package" means a package, including a
convenience package, containing any amount of targeted
methamphetamine precursor.
"Ultimate user" has the meaning provided in Section 102 of
the Illinois Controlled Substances Act.
(Source: P.A. 97-670, eff. 1-19-12; 98-208, eff. 8-9-13.)
(720 ILCS 649/15)
Sec. 15. General provisions.

SB3642 - 1986 - LRB101 20589 WGH 70218 b
(a) Structure. There is established a statewide precursor
tracking program coordinated and administered by the Illinois
State Police to track purchases of targeted methamphetamine
precursors across multiple locations for the purposes stated in
Section 5 of this Act. Every covered pharmacy must comply with
this Act. The tracking program created by this Act shall be the
sole methamphetamine precursor tracking program in Illinois.
(b) Transmission of electronic transaction records. Unless
otherwise provided in this Act, each time a covered pharmacy
distributes a targeted methamphetamine precursor to a
recipient, the pharmacy shall transmit an electronic
transaction record to the Central Repository.
(c) Notification. The Illinois Department of Financial and
Professional Regulation shall notify pharmacies seeking
licensure in Illinois of their obligation to comply with the
requirements of this Act.
(d) Electronic transmission. Starting on the effective
date of this Act and continuing thereafter, covered pharmacies
shall transmit all electronic transaction records as required
by this Act.
(e) Funding. Funding for the tracking program shall be
provided by the Illinois State Police drawing upon federal and
State grant money and other available sources.
(Source: P.A. 97-670, eff. 1-19-12.)
(720 ILCS 649/20)

SB3642 - 1987 - LRB101 20589 WGH 70218 b
Sec. 20. Secure website.
(a) The Illinois State Police, in consultation with the
Department of Innovation and Technology, shall establish a
secure website for the transmission of electronic transaction
records and make it available free of charge to covered
pharmacies.
(b) The secure website shall enable covered pharmacies to
transmit to the Central Repository an electronic transaction
record each time the pharmacy distributes a targeted
methamphetamine precursor to a recipient.
(c) If the secure website becomes unavailable to a covered
pharmacy, the covered pharmacy may, during the period in which
the secure website is not available, continue to distribute
targeted methamphetamine precursor without using the secure
website if, during this period, the covered pharmacy maintains
and transmits handwritten logs as described in Sections 20 and
25 of the Methamphetamine Precursor Control Act.
(Source: P.A. 100-611, eff. 7-20-18.)
(720 ILCS 649/25)
Sec. 25. Confidentiality of records.
(a) The Central Repository may delete each electronic
transaction record and handwritten log entry 48 months after
the date of the transaction it describes.
(b) The Illinois State Police and Central Repository shall
carry out a program to protect the confidentiality of

SB3642 - 1988 - LRB101 20589 WGH 70218 b
electronic transaction records created pursuant to this Act and
shall ensure that this information remains completely
confidential except as specifically provided in subsections
(c) through (f) of this Section.
(c) Any employee or agent of the Central Repository may
have access to electronic transaction records and handwritten
log entries solely for the purpose of receiving, processing,
storing or analyzing this information.
(d) The Illinois State Police may grant qualified outside
agencies access to electronic transaction records or
handwritten log entries for the purpose of identifying,
investigating, or prosecuting violations of this Act or any
other State or federal law or rule involving a methamphetamine
precursor, methamphetamine, or any other controlled substance.
(e) The Illinois State Police may release electronic
transaction records or handwritten log entries to the
authorized representative of a qualified outside entity only if
the Illinois State Police verifies that the entity receiving
electronic transaction records or handwritten log entries is a
qualified outside entity as defined in this Act and that
outside entity agrees or has previously agreed in writing that
it will use electronic transaction records and handwritten log
entries solely for the purpose of identifying, investigating,
or prosecuting violations of this Act or any other State or
federal law or rule involving a methamphetamine precursor,
methamphetamine, or any other controlled substance.

SB3642 - 1989 - LRB101 20589 WGH 70218 b
(f) The Illinois State Police may release to the recipient
any electronic transaction records clearly relating to that
recipient, upon sufficient proof of identity.
(Source: P.A. 97-670, eff. 1-19-12.)
Section 1015. The Prevention of Tobacco Use by Minors and
Sale and Distribution of Tobacco Products Act is amended by
changing Section 1 as follows:
(720 ILCS 675/1) (from Ch. 23, par. 2357)
Sec. 1. Prohibition on sale of tobacco products, electronic
cigarettes, and alternative nicotine products to persons under
21 years of age; prohibition on the distribution of tobacco
product samples, electronic cigarette samples, and alternative
nicotine product samples to any person; use of identification
cards; vending machines; lunch wagons; out-of-package sales.
(a) No person under 21 years of age shall buy any tobacco
product, electronic cigarette, or alternative nicotine
product. No person shall sell, buy for, distribute samples of
or furnish any tobacco product, electronic cigarette, or any
alternative nicotine product to any person under 21 years of
age.
(a-5) No person under 16 years of age may sell any tobacco
product, electronic cigarette, or alternative nicotine product
at a retail establishment selling tobacco products, electronic
cigarettes, or alternative nicotine products. This subsection

SB3642 - 1990 - LRB101 20589 WGH 70218 b
does not apply to a sales clerk in a family-owned business
which can prove that the sales clerk is in fact a son or
daughter of the owner.
(a-5.1) Before selling, offering for sale, giving, or
furnishing a tobacco product, electronic cigarette, or
alternative nicotine product to another person, the person
selling, offering for sale, giving, or furnishing the tobacco
product, electronic cigarette, or alternative nicotine product
shall verify that the person is at least 21 years of age by:
(1) examining from any person that appears to be under
30 years of age a government-issued photographic
identification that establishes the person to be 21 years
of age or older; or
(2) for sales of tobacco products, electronic
cigarettes, or alternative nicotine products made through
the Internet or other remote sales methods, performing an
age verification through an independent, third party age
verification service that compares information available
from public records to the personal information entered by
the person during the ordering process that establishes the
person is 21 years of age or older.
(a-6) No person under 21 years of age in the furtherance or
facilitation of obtaining any tobacco product, electronic
cigarette, or alternative nicotine product shall display or use
a false or forged identification card or transfer, alter, or
deface an identification card.

SB3642 - 1991 - LRB101 20589 WGH 70218 b
(a-7) (Blank).
(a-8) A person shall not distribute without charge samples
of any tobacco product to any other person, regardless of age,
except for smokeless tobacco in an adult-only facility.
This subsection (a-8) does not apply to the distribution of
a tobacco product, electronic cigarette, or alternative
nicotine product sample in any adult-only facility.
(a-9) For the purpose of this Section:
"Adult-only facility" means a facility or restricted
area (whether open-air or enclosed) where the operator
ensures or has a reasonable basis to believe (such as by
checking identification as required under State law, or by
checking the identification of any person appearing to be
under the age of 30) that no person under legal age is
present. A facility or restricted area need not be
permanently restricted to persons under 21 years of age to
constitute an adult-only facility, provided that the
operator ensures or has a reasonable basis to believe that
no person under 21 years of age is present during the event
or time period in question.
"Alternative nicotine product" means a product or
device not consisting of or containing tobacco that
provides for the ingestion into the body of nicotine,
whether by chewing, smoking, absorbing, dissolving,
inhaling, snorting, sniffing, or by any other means.
"Alternative nicotine product" does not include:

SB3642 - 1992 - LRB101 20589 WGH 70218 b
cigarettes as defined in Section 1 of the Cigarette Tax Act
and tobacco products as defined in Section 10-5 of the
Tobacco Products Tax Act of 1995; tobacco product and
electronic cigarette as defined in this Section; or any
product approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that
approved purpose.
"Electronic cigarette" means:
(1) any device that employs a battery or other
mechanism to heat a solution or substance to produce a
vapor or aerosol intended for inhalation;
(2) any cartridge or container of a solution or
substance intended to be used with or in the device or
to refill the device; or
(3) any solution or substance, whether or not it
contains nicotine intended for use in the device.
"Electronic cigarette" includes, but is not limited
to, any electronic nicotine delivery system, electronic
cigar, electronic cigarillo, electronic pipe, electronic
hookah, vape pen, or similar product or device, and any
components or parts that can be used to build the product
or device. "Electronic cigarette" does not include:
cigarettes as defined in Section 1 of the Cigarette Tax Act
and tobacco products as defined in Section 10-5 of the

SB3642 - 1993 - LRB101 20589 WGH 70218 b
Tobacco Products Tax Act of 1995; tobacco product and
alternative nicotine product as defined in this Section;
any product approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that
approved purpose; any asthma inhaler prescribed by a
physician for that condition and is being marketed and sold
solely for that approved purpose; or any therapeutic
product approved for use under the Compassionate Use of
Medical Cannabis Pilot Program Act.
"Lunch wagon" means a mobile vehicle designed and
constructed to transport food and from which food is sold
to the general public.
"Nicotine" means any form of the chemical nicotine,
including any salt or complex, regardless of whether the
chemical is naturally or synthetically derived.
"Tobacco product" means any product containing or made
from tobacco that is intended for human consumption,
whether smoked, heated, chewed, absorbed, dissolved,
inhaled, snorted, sniffed, or ingested by any other means,
including, but not limited to, cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff, snus, and any
other smokeless tobacco product which contains tobacco
that is finely cut, ground, powdered, or leaf and intended
to be placed in the oral cavity. "Tobacco product" includes

SB3642 - 1994 - LRB101 20589 WGH 70218 b
any component, part, or accessory of a tobacco product,
whether or not sold separately. "Tobacco product" does not
include: an electronic cigarette and alternative nicotine
product as defined in this Section; or any product that has
been approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that
approved purpose.
(b) Tobacco products, electronic cigarettes, and
alternative nicotine products may be sold through a vending
machine only if such tobacco products, electronic cigarettes,
and alternative nicotine products are not placed together with
any non-tobacco product, other than matches, in the vending
machine and the vending machine is in any of the following
locations:
(1) (Blank).
(2) Places to which persons under 21 years of age are
not permitted access at any time.
(3) Places where alcoholic beverages are sold and
consumed on the premises and vending machine operation is
under the direct supervision of the owner or manager.
(4) (Blank).
(5) (Blank).
(c) (Blank).
(d) The sale or distribution by any person of a tobacco

SB3642 - 1995 - LRB101 20589 WGH 70218 b
product as defined in this Section, including but not limited
to a single or loose cigarette, that is not contained within a
sealed container, pack, or package as provided by the
manufacturer, which container, pack, or package bears the
health warning required by federal law, is prohibited.
(e) It is not a violation of this Act for a person under 21
years of age to purchase a tobacco product, electronic
cigarette, or alternative nicotine product if the person under
the age of 21 purchases or is given the tobacco product,
electronic cigarette, or alternative nicotine product in any of
its forms from a retail seller of tobacco products, electronic
cigarettes, or alternative nicotine products or an employee of
the retail seller pursuant to a plan or action to investigate,
patrol, or otherwise conduct a "sting operation" or enforcement
action against a retail seller of tobacco products, electronic
cigarettes, or alternative nicotine products or a person
employed by the retail seller of tobacco products, electronic
cigarettes, or alternative nicotine products or on any premises
authorized to sell tobacco products, electronic cigarettes, or
alternative nicotine products to determine if tobacco
products, electronic cigarettes, or alternative nicotine
products are being sold or given to persons under 21 years of
age if the "sting operation" or enforcement action is approved
by, conducted by, or conducted on behalf of the Illinois
Department of State Police, the county sheriff, a municipal
police department, the Department of Revenue, the Department of

SB3642 - 1996 - LRB101 20589 WGH 70218 b
Public Health, or a local health department. The results of any
sting operation or enforcement action, including the name of
the clerk, shall be provided to the retail seller within 7
business days.
(Source: P.A. 101-2, eff. 7-1-19.)
Section 1020. The Code of Criminal Procedure of 1963 is
amended by changing Sections 104-26, 107-4, 108A-11, 108B-1,
108B-2, 108B-5, 108B-13, 108B-14, 110-7, 112A-11.1, 112A-11.2,
112A-14, 112A-14.7, 112A-17.5, 112A-20, 112A-22, 112A-28,
115-15, 116-3, 116-4, 116-5, 124B-605, 124B-705, 124B-710,
124B-930, and 124B-935 as follows:
(725 ILCS 5/104-26) (from Ch. 38, par. 104-26)
Sec. 104-26. Disposition of Defendants suffering
disabilities.
(a) A defendant convicted following a trial conducted under
the provisions of Section 104-22 shall not be sentenced before
a written presentence report of investigation is presented to
and considered by the court. The presentence report shall be
prepared pursuant to Sections 5-3-2, 5-3-3 and 5-3-4 of the
Unified Code of Corrections, as now or hereafter amended, and
shall include a physical and mental examination unless the
court finds that the reports of prior physical and mental
examinations conducted pursuant to this Article are adequate
and recent enough so that additional examinations would be

SB3642 - 1997 - LRB101 20589 WGH 70218 b
unnecessary.
(b) A defendant convicted following a trial under Section
104-22 shall not be subject to the death penalty.
(c) A defendant convicted following a trial under Section
104-22 shall be sentenced according to the procedures and
dispositions authorized under the Unified Code of Corrections,
as now or hereafter amended, subject to the following
provisions:
(1) The court shall not impose a sentence of
imprisonment upon the offender if the court believes that
because of his disability a sentence of imprisonment would
not serve the ends of justice and the interests of society
and the offender or that because of his disability a
sentence of imprisonment would subject the offender to
excessive hardship. In addition to any other conditions of
a sentence of conditional discharge or probation the court
may require that the offender undergo treatment
appropriate to his mental or physical condition.
(2) After imposing a sentence of imprisonment upon an
offender who has a mental disability, the court may remand
him to the custody of the Department of Human Services and
order a hearing to be conducted pursuant to the provisions
of the Mental Health and Developmental Disabilities Code,
as now or hereafter amended. If the offender is committed
following such hearing, he shall be treated in the same
manner as any other civilly committed patient for all

SB3642 - 1998 - LRB101 20589 WGH 70218 b
purposes except as provided in this Section. If the
defendant is not committed pursuant to such hearing, he
shall be remanded to the sentencing court for disposition
according to the sentence imposed.
(3) If the court imposes a sentence of imprisonment
upon an offender who has a mental disability but does not
proceed under subparagraph (2) of paragraph (c) of this
Section, it shall order the Department of Corrections to
proceed pursuant to Section 3-8-5 of the Unified Code of
Corrections, as now or hereafter amended.
(3.5) If the court imposes a sentence of imprisonment
upon an offender who has a mental disability, the court
shall direct the circuit court clerk to immediately notify
the Illinois Department of State Police, Firearm Owner's
Identification (FOID) Office, in a form and manner
prescribed by the Illinois Department of State Police and
shall forward a copy of the court order to the Department.
(4) If the court imposes a sentence of imprisonment
upon an offender who has a physical disability, it may
authorize the Department of Corrections to place the
offender in a public or private facility which is able to
provide care or treatment for the offender's disability and
which agrees to do so.
(5) When an offender is placed with the Department of
Human Services or another facility pursuant to
subparagraph (2) or (4) of this paragraph (c), the

SB3642 - 1999 - LRB101 20589 WGH 70218 b
Department or private facility shall not discharge or allow
the offender to be at large in the community without prior
approval of the court. If the defendant is placed in the
custody of the Department of Human Services, the defendant
shall be placed in a secure setting unless the court
determines that there are compelling reasons why such
placement is not necessary. The offender shall accrue good
time and shall be eligible for parole in the same manner as
if he were serving his sentence within the Department of
Corrections. When the offender no longer requires
hospitalization, care, or treatment, the Department of
Human Services or the facility shall transfer him, if his
sentence has not expired, to the Department of Corrections.
If an offender is transferred to the Department of
Corrections, the Department of Human Services shall
transfer to the Department of Corrections all related
records pertaining to length of custody and treatment
services provided during the time the offender was held.
(6) The Department of Corrections shall notify the
Department of Human Services or a facility in which an
offender has been placed pursuant to subparagraph (2) or
(4) of paragraph (c) of this Section of the expiration of
his sentence. Thereafter, an offender in the Department of
Human Services shall continue to be treated pursuant to his
commitment order and shall be considered a civilly
committed patient for all purposes including discharge. An

SB3642 - 2000 - LRB101 20589 WGH 70218 b
offender who is in a facility pursuant to subparagraph (4)
of paragraph (c) of this Section shall be informed by the
facility of the expiration of his sentence, and shall
either consent to the continuation of his care or treatment
by the facility or shall be discharged.
(Source: P.A. 97-1131, eff. 1-1-13.)
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace
unit, any police force of another State, the United States
Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning pursuant

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to Section 107-14 of this Code and may make arrests in any
jurisdiction within this State: (1) if the officer is engaged
in the investigation of criminal activity that occurred in the
officer's primary jurisdiction and the temporary questioning
or arrest relates to, arises from, or is conducted pursuant to
that investigation; or (2) if the officer, while on duty as a
peace officer, becomes personally aware of the immediate
commission of a felony or misdemeanor violation of the laws of
this State; or (3) if the officer, while on duty as a peace
officer, is requested by an appropriate State or local law
enforcement official to render aid or assistance to the
requesting law enforcement agency that is outside the officer's
primary jurisdiction; or (4) in accordance with Section
2605-580 of the Illinois Department of State Police Law of the
Civil Administrative Code of Illinois. While acting pursuant to
this subsection, an officer has the same authority as within
his or her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in fresh
pursuit of a person in order to arrest him on the ground that
he has committed an offense in the other State has the same
authority to arrest and hold the person in custody as peace
officers of this State have to arrest and hold a person in

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custody on the ground that he has committed an offense in this
State.
(c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit the
person arrested, to await for a reasonable time the issuance of
an extradition warrant by the Governor of this State, or admit
him to bail for such purpose. If the court determines that the
arrest was unlawful it shall discharge the person arrested.
(Source: P.A. 98-576, eff. 1-1-14.)
(725 ILCS 5/108A-11) (from Ch. 38, par. 108A-11)
Sec. 108A-11. Reports concerning use of eavesdropping
devices.
(a) In January of each year the State's Attorney of each
county in which eavesdropping devices were used pursuant to the
provisions of this Article shall report to the Illinois
Department of State Police the following with respect to each
application for an order authorizing the use of an
eavesdropping device, or an extension thereof, made during the
preceding calendar year:
(1) the fact that such an order, extension, or

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subsequent approval of an emergency was applied for;
(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension
was granted as applied for was modified, or was denied;
(4) the period authorized by the order or extensions in
which an eavesdropping device could be used;
(5) the felony specified in the order extension or
denied application;
(6) the identity of the applying investigative or law
enforcement officer and agency making the application and
the State's Attorney authorizing the application; and
(7) the nature of the facilities from which or the
place where the eavesdropping device was to be used.
(b) Such report shall also include the following:
(1) a general description of the uses of eavesdropping
devices actually made under such order to overheard or
record conversations, including: (a) the approximate
nature and frequency of incriminating conversations
overheard, (b) the approximate nature and frequency of
other conversations overheard, (c) the approximate number
of persons whose conversations were overheard, and (d) the
approximate nature, amount, and cost of the manpower and
other resources used pursuant to the authorization to use
an eavesdropping device;
(2) the number of arrests resulting from authorized
uses of eavesdropping devices and the offenses for which

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arrests were made;
(3) the number of trials resulting from such uses of
eavesdropping devices;
(4) the number of motions to suppress made with respect
to such uses, and the number granted or denied; and
(5) the number of convictions resulting from such uses
and the offenses for which the convictions were obtained
and a general assessment of the importance of the
convictions.
(c) In April of each year, the Illinois Department of State
Police shall transmit to the General Assembly a report
including information on the number of applications for orders
authorizing the use of eavesdropping devices, the number of
orders and extensions granted or denied during the preceding
calendar year, and the convictions arising out of such uses.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by
Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(725 ILCS 5/108B-1) (from Ch. 38, par. 108B-1)
Sec. 108B-1. Definitions. For the purpose of this Article:
(a) "Aggrieved person" means a person who was a party to

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any intercepted private communication or any person against
whom the intercept was directed.
(b) "Chief Judge" means, when referring to a judge
authorized to receive application for, and to enter orders
authorizing, interceptions of private communications, the
Chief Judge of the Circuit Court wherein the application for
order of interception is filed, or a Circuit Judge designated
by the Chief Judge to enter these orders. In circuits other
than the Cook County Circuit, "Chief Judge" also means, when
referring to a judge authorized to receive application for, and
to enter orders authorizing, interceptions of private
communications, an Associate Judge authorized by Supreme Court
Rule to try felony cases who is assigned by the Chief Judge to
enter these orders. After assignment by the Chief Judge, an
Associate Judge shall have plenary authority to issue orders
without additional authorization for each specific application
made to him by the State's Attorney until the time the
Associate Judge's power is rescinded by the Chief Judge.
(c) "Communications common carrier" means any person
engaged as a common carrier in the transmission of
communications by wire or radio, not including radio
broadcasting.
(d) "Contents" includes information obtained from a
private communication concerning the existence, substance,
purport or meaning of the communication, or the identity of a
party of the communication.

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(e) "Court of competent jurisdiction" means any circuit
court.
(f) (Blank). "Department" means Illinois Department of
State Police.
(g) "Director" means Director of the Illinois Department of
State Police.
(g-1) "Electronic communication" means any transfer of
signs, signals, writing, images, sounds, data, or intelligence
of any nature transmitted in whole or part by a wire, radio,
pager, computer, or electromagnetic, photo electronic, or
photo optical system where the sending and receiving parties
intend the electronic communication to be private and the
interception, recording, or transcription of the electronic
communication is accomplished by a device in a surreptitious
manner contrary to the provisions of this Article. "Electronic
communication" does not include:
(1) any wire or oral communication; or
(2) any communication from a tracking device.
(h) "Electronic criminal surveillance device" or
"eavesdropping device" means any device or apparatus, or
computer program including an induction coil, that can be used
to intercept private communication other than:
(1) Any telephone, telegraph or telecommunication
instrument, equipment or facility, or any component of it,
furnished to the subscriber or user by a communication
common carrier in the ordinary course of its business, or

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purchased by any person and being used by the subscriber,
user or person in the ordinary course of his business, or
being used by a communications common carrier in the
ordinary course of its business, or by an investigative or
law enforcement officer in the ordinary course of his
duties; or
(2) A hearing aid or similar device being used to
correct subnormal hearing to not better than normal.
(i) "Electronic criminal surveillance officer" means any
law enforcement officer or retired law enforcement officer of
the United States or of the State or political subdivision of
it, or of another State, or of a political subdivision of it,
who is certified by the Illinois Department of State Police to
intercept private communications. A retired law enforcement
officer may be certified by the Illinois State Police only to
(i) prepare petitions for the authority to intercept private
communications in accordance with the provisions of this Act;
(ii) intercept and supervise the interception of private
communications; (iii) handle, safeguard, and use evidence
derived from such private communications; and (iv) operate and
maintain equipment used to intercept private communications.
(j) "In-progress trace" means to determine the origin of a
wire communication to a telephone or telegraph instrument,
equipment or facility during the course of the communication.
(k) "Intercept" means the aural or other acquisition of the
contents of any private communication through the use of any

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electronic criminal surveillance device.
(l) "Journalist" means a person engaged in, connected with,
or employed by news media, including newspapers, magazines,
press associations, news agencies, wire services, radio,
television or other similar media, for the purpose of
gathering, processing, transmitting, compiling, editing or
disseminating news for the general public.
(m) "Law enforcement agency" means any law enforcement
agency of the United States, or the State or a political
subdivision of it.
(n) "Oral communication" means human speech used to
communicate by one party to another, in person, by wire
communication or by any other means.
(o) "Private communication" means a wire, oral, or
electronic communication uttered or transmitted by a person
exhibiting an expectation that the communication is not subject
to interception, under circumstances reasonably justifying the
expectation. Circumstances that reasonably justify the
expectation that a communication is not subject to interception
include the use of a cordless telephone or cellular
communication device.
(p) "Wire communication" means any human speech used to
communicate by one party to another in whole or in part through
the use of facilities for the transmission of communications by
wire, cable or other like connection between the point of
origin and the point of reception furnished or operated by a

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communications common carrier.
(q) "Privileged communications" means a private
communication between:
(1) a licensed and practicing physician and a patient
within the scope of the profession of the physician;
(2) a licensed and practicing psychologist to a patient
within the scope of the profession of the psychologist;
(3) a licensed and practicing attorney-at-law and a
client within the scope of the profession of the lawyer;
(4) a practicing clergyman and a confidant within the
scope of the profession of the clergyman;
(5) a practicing journalist within the scope of his
profession;
(6) spouses within the scope of their marital
relationship; or
(7) a licensed and practicing social worker to a client
within the scope of the profession of the social worker.
(r) "Retired law enforcement officer" means a person: (1)
who is a graduate of a police training institute or academy,
who after graduating served for at least 15 consecutive years
as a sworn, full-time peace officer qualified to carry firearms
for any federal or State department or agency or for any unit
of local government of Illinois; (2) who has retired as a
local, State, or federal peace officer in a publicly created
peace officer retirement system; and (3) whose service in law
enforcement was honorably terminated through retirement or

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disability and not as a result of discipline, suspension, or
discharge.
(Source: P.A. 95-331, eff. 8-21-07.)
(725 ILCS 5/108B-2) (from Ch. 38, par. 108B-2)
Sec. 108B-2. Request for application for interception.
(a) A State's Attorney may apply for an order authorizing
interception of private communications in accordance with the
provisions of this Article.
(b) The head of a law enforcement agency, including, for
purposes of this subsection, the acting head of such law
enforcement agency if the head of such agency is absent or
unable to serve, may request that a State's Attorney apply for
an order authorizing interception of private communications in
accordance with the provisions of this Article.
Upon request of a law enforcement agency, the Illinois
State Police Department may provide technical assistance to
such an agency which is authorized to conduct an interception.
(Source: P.A. 92-854, eff. 12-5-02.)
(725 ILCS 5/108B-5) (from Ch. 38, par. 108B-5)
Sec. 108B-5. Requirements for order of interception.
(a) Upon consideration of an application, the chief judge
may enter an ex parte order, as requested or as modified,
authorizing the interception of a private communication, if the
chief judge determines on the basis of the application

SB3642 - 2011 - LRB101 20589 WGH 70218 b
submitted by the applicant, that:
(1) There is probable cause for belief that (A) the
person whose private communication is to be intercepted is
committing, has committed, or is about to commit an offense
enumerated in Section 108B-3, or (B) the facilities from
which, or the place where, the private communication is to
be intercepted, is, has been, or is about to be used in
connection with the commission of the offense, or is leased
to, listed in the name of, or commonly used by, the person;
and
(2) There is probable cause for belief that a
particular private communication concerning such offense
may be obtained through the interception; and
(3) Normal investigative procedures with respect to
the offense have been tried and have failed or reasonably
appear to be unlikely to succeed if tried or too dangerous
to employ; and
(4) The electronic criminal surveillance officers to
be authorized to supervise the interception of the private
communication have been certified by the Illinois State
Police Department.
(b) In the case of an application, other than for an
extension, for an order to intercept a communication of a
person or on a wire communication facility that was the subject
of a previous order authorizing interception, the application
shall be based upon new evidence or information different from

SB3642 - 2012 - LRB101 20589 WGH 70218 b
and in addition to the evidence or information offered to
support the prior order, regardless of whether the evidence was
derived from prior interceptions or from other sources.
(c) The chief judge may authorize interception of a private
communication anywhere in the judicial circuit. If the court
authorizes the use of an eavesdropping device with respect to a
vehicle, watercraft, or aircraft that is within the judicial
circuit at the time the order is issued, the order may provide
that the interception may continue anywhere within the State if
the vehicle, watercraft, or aircraft leaves the judicial
circuit.
(Source: P.A. 95-331, eff. 8-21-07.)
(725 ILCS 5/108B-13) (from Ch. 38, par. 108B-13)
Sec. 108B-13. Reports concerning use of eavesdropping
devices.
(a) Within 30 days after the expiration of an order and
each extension thereof authorizing an interception, or within
30 days after the denial of an application or disapproval of an
application subsequent to any alleged emergency situation, the
State's Attorney shall report to the Illinois Department of
State Police the following:
(1) the fact that such an order, extension, or
subsequent approval of an emergency was applied for;
(2) the kind of order or extension applied for;
(3) a statement as to whether the order or extension

SB3642 - 2013 - LRB101 20589 WGH 70218 b
was granted as applied for was modified, or was denied;
(4) the period authorized by the order or extensions in
which an eavesdropping device could be used;
(5) the offense enumerated in Section 108B-3 which is
specified in the order or extension or in the denied
application;
(6) the identity of the applying electronic criminal
surveillance officer and agency making the application and
the State's Attorney authorizing the application; and
(7) the nature of the facilities from which or the
place where the eavesdropping device was to be used.
(b) In January of each year the State's Attorney of each
county in which an interception occurred pursuant to the
provisions of this Article shall report to the Illinois
Department of State Police the following:
(1) a general description of the uses of eavesdropping
devices actually made under such order to overhear or
record conversations, including: (a) the approximate
nature and frequency of incriminating conversations
overheard, (b) the approximate nature and frequency of
other conversations overheard, (c) the approximate number
of persons whose conversations were overheard, and (d) the
approximate nature, amount, and cost of the manpower and
other resources used pursuant to the authorization to use
an eavesdropping device;
(2) the number of arrests resulting from authorized

SB3642 - 2014 - LRB101 20589 WGH 70218 b
uses of eavesdropping devices and the offenses for which
arrests were made;
(3) the number of trials resulting from such uses of
eavesdropping devices;
(4) the number of motions to suppress made with respect
to such uses, and the number granted or denied; and
(5) the number of convictions resulting from such uses
and the offenses for which the convictions were obtained
and a general assessment of the importance of the
convictions.
On or before March 1 of each year, the Director of the
Illinois Department of State Police shall submit to the
Governor a report of all intercepts as defined herein conducted
pursuant to this Article and terminated during the preceding
calendar year. Such report shall include:
(1) the reports of State's Attorneys forwarded to the
Director as required in this Section;
(2) the number of Illinois State Police Department
personnel authorized to possess, install, or operate
electronic, mechanical, or other devices;
(3) the number of Illinois State Police Department and
other law enforcement personnel who participated or
engaged in the seizure of intercepts pursuant to this
Article during the preceding calendar year;
(4) the number of electronic criminal surveillance
officers trained by the Illinois State Police Department;

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(5) the total cost to the Illinois State Police
Department of all activities and procedures relating to the
seizure of intercepts during the preceding calendar year,
including costs of equipment, manpower, and expenses
incurred as compensation for use of facilities or technical
assistance provided to or by the Illinois State Police
Department; and
(6) a summary of the use of eavesdropping devices
pursuant to orders of interception including (a) the
frequency of use in each county, (b) the frequency of use
for each crime enumerated in Section 108B-3 of the Code of
Criminal Procedure of 1963, as amended, (c) the type and
frequency of eavesdropping device use, and (d) the
frequency of use by each police department or law
enforcement agency of this State.
(d) In April of each year, the Director of the Illinois
Department of State Police and the Governor shall each transmit
to the General Assembly reports including information on the
number of applications for orders authorizing the use of
eavesdropping devices, the number of orders and extensions
granted or denied during the preceding calendar year, the
convictions arising out of such uses, and a summary of the
information required by subsections (a) and (b) of this
Section.
The requirement for reporting to the General Assembly shall
be satisfied by filing copies of the report as required by

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Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report
Distribution Center for the General Assembly as is required
under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 100-1148, eff. 12-10-18.)
(725 ILCS 5/108B-14) (from Ch. 38, par. 108B-14)
Sec. 108B-14. Training.
(a) The Director of the Illinois Department of State Police
shall:
(1) Establish a course of training in the legal,
practical, and technical aspects of the interception of
private communications and related investigation and
prosecution techniques;
(2) Issue regulations as he finds necessary for the
training program;
(3) In cooperation with the Illinois Law Enforcement
Training Standards Board, set minimum standards for
certification and periodic recertification of electronic
criminal surveillance officers as eligible to apply for
orders authorizing the interception of private
communications, to conduct the interceptions, and to use
the private communications or evidence derived from them in
official proceedings; and
(4) In cooperation with the Illinois Law Enforcement
Training Standards Board, revoke or suspend the

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certification of any electronic criminal surveillance
officer who has violated any law relating to electronic
criminal surveillance, or any of the guidelines
established by the Illinois State Police Department for
conducting electronic criminal surveillance.
(b) The Executive Director of the Illinois Law Enforcement
Training Standards Board shall:
(1) Pursuant to the Illinois Police Training Act,
review the course of training prescribed by the Illinois
State Police Department for the purpose of certification
relating to reimbursement of expenses incurred by local law
enforcement agencies participating in the electronic
criminal surveillance officer training process, and
(2) Assist the Illinois State Police Department in
establishing minimum standards for certification and
periodic recertification of electronic criminal
surveillance officers as being eligible to apply for orders
authorizing the interception of private communications, to
conduct the interpretations, and to use the communications
or evidence derived from them in official proceedings.
(Source: P.A. 92-854, eff. 12-5-02.)
(725 ILCS 5/110-7) (from Ch. 38, par. 110-7)
Sec. 110-7. Deposit of bail security.
(a) The person for whom bail has been set shall execute the
bail bond and deposit with the clerk of the court before which

SB3642 - 2018 - LRB101 20589 WGH 70218 b
the proceeding is pending a sum of money equal to 10% of the
bail, but in no event shall such deposit be less than $25. The
clerk of the court shall provide a space on each form for a
person other than the accused who has provided the money for
the posting of bail to so indicate and a space signed by an
accused who has executed the bail bond indicating whether a
person other than the accused has provided the money for the
posting of bail. The form shall also include a written notice
to such person who has provided the defendant with the money
for the posting of bail indicating that the bail may be used to
pay costs, attorney's fees, fines, or other purposes authorized
by the court and if the defendant fails to comply with the
conditions of the bail bond, the court shall enter an order
declaring the bail to be forfeited. The written notice must be:
(1) distinguishable from the surrounding text; (2) in bold type
or underscored; and (3) in a type size at least 2 points larger
than the surrounding type. When a person for whom bail has been
set is charged with an offense under the Illinois Controlled
Substances Act or the Methamphetamine Control and Community
Protection Act which is a Class X felony, or making a terrorist
threat in violation of Section 29D-20 of the Criminal Code of
1961 or the Criminal Code of 2012 or an attempt to commit the
offense of making a terrorist threat, the court may require the
defendant to deposit a sum equal to 100% of the bail. Where any
person is charged with a forcible felony while free on bail and
is the subject of proceedings under Section 109-3 of this Code

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the judge conducting the preliminary examination may also
conduct a hearing upon the application of the State pursuant to
the provisions of Section 110-6 of this Code to increase or
revoke the bail for that person's prior alleged offense.
(b) Upon depositing this sum and any bond fee authorized by
law, the person shall be released from custody subject to the
conditions of the bail bond.
(c) Once bail has been given and a charge is pending or is
thereafter filed in or transferred to a court of competent
jurisdiction the latter court shall continue the original bail
in that court subject to the provisions of Section 110-6 of
this Code.
(d) After conviction the court may order that the original
bail stand as bail pending appeal or deny, increase or reduce
bail subject to the provisions of Section 110-6.2.
(e) After the entry of an order by the trial court allowing
or denying bail pending appeal either party may apply to the
reviewing court having jurisdiction or to a justice thereof
sitting in vacation for an order increasing or decreasing the
amount of bail or allowing or denying bail pending appeal
subject to the provisions of Section 110-6.2.
(f) When the conditions of the bail bond have been
performed and the accused has been discharged from all
obligations in the cause the clerk of the court shall return to
the accused or to the defendant's designee by an assignment
executed at the time the bail amount is deposited, unless the

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court orders otherwise, 90% of the sum which had been deposited
and shall retain as bail bond costs 10% of the amount
deposited. However, in no event shall the amount retained by
the clerk as bail bond costs be less than $5. Notwithstanding
the foregoing, in counties with a population of 3,000,000 or
more, in no event shall the amount retained by the clerk as
bail bond costs exceed $100. Bail bond deposited by or on
behalf of a defendant in one case may be used, in the court's
discretion, to satisfy financial obligations of that same
defendant incurred in a different case due to a fine, court
costs, restitution or fees of the defendant's attorney of
record. In counties with a population of 3,000,000 or more, the
court shall not order bail bond deposited by or on behalf of a
defendant in one case to be used to satisfy financial
obligations of that same defendant in a different case until
the bail bond is first used to satisfy court costs and
attorney's fees in the case in which the bail bond has been
deposited and any other unpaid child support obligations are
satisfied. In counties with a population of less than
3,000,000, the court shall not order bail bond deposited by or
on behalf of a defendant in one case to be used to satisfy
financial obligations of that same defendant in a different
case until the bail bond is first used to satisfy court costs
in the case in which the bail bond has been deposited.
At the request of the defendant the court may order such
90% of defendant's bail deposit, or whatever amount is

SB3642 - 2021 - LRB101 20589 WGH 70218 b
repayable to defendant from such deposit, to be paid to
defendant's attorney of record.
(g) If the accused does not comply with the conditions of
the bail bond the court having jurisdiction shall enter an
order declaring the bail to be forfeited. Notice of such order
of forfeiture shall be mailed forthwith to the accused at his
last known address. If the accused does not appear and
surrender to the court having jurisdiction within 30 days from
the date of the forfeiture or within such period satisfy the
court that appearance and surrender by the accused is
impossible and without his fault the court shall enter judgment
for the State if the charge for which the bond was given was a
felony or misdemeanor, or if the charge was quasi-criminal or
traffic, judgment for the political subdivision of the State
which prosecuted the case, against the accused for the amount
of the bail and costs of the court proceedings; however, in
counties with a population of less than 3,000,000, instead of
the court entering a judgment for the full amount of the bond
the court may, in its discretion, enter judgment for the cash
deposit on the bond, less costs, retain the deposit for further
disposition or, if a cash bond was posted for failure to appear
in a matter involving enforcement of child support or
maintenance, the amount of the cash deposit on the bond, less
outstanding costs, may be awarded to the person or entity to
whom the child support or maintenance is due. The deposit made
in accordance with paragraph (a) shall be applied to the

SB3642 - 2022 - LRB101 20589 WGH 70218 b
payment of costs. If judgment is entered and any amount of such
deposit remains after the payment of costs it shall be applied
to payment of the judgment and transferred to the treasury of
the municipal corporation wherein the bond was taken if the
offense was a violation of any penal ordinance of a political
subdivision of this State, or to the treasury of the county
wherein the bond was taken if the offense was a violation of
any penal statute of this State. The balance of the judgment
may be enforced and collected in the same manner as a judgment
entered in a civil action.
(h) After a judgment for a fine and court costs or either
is entered in the prosecution of a cause in which a deposit had
been made in accordance with paragraph (a) the balance of such
deposit, after deduction of bail bond costs, shall be applied
to the payment of the judgment.
(i) When a court appearance is required for an alleged
violation of the Criminal Code of 1961, the Criminal Code of
2012, the Illinois Vehicle Code, the Wildlife Code, the Fish
and Aquatic Life Code, the Child Passenger Protection Act, or a
comparable offense of a unit of local government as specified
in Supreme Court Rule 551, and if the accused does not appear
in court on the date set for appearance or any date to which
the case may be continued and the court issues an arrest
warrant for the accused, based upon his or her failure to
appear when having so previously been ordered to appear by the
court, the accused upon his or her admission to bail shall be

SB3642 - 2023 - LRB101 20589 WGH 70218 b
assessed by the court a fee of $75. Payment of the fee shall be
a condition of release unless otherwise ordered by the court.
The fee shall be in addition to any bail that the accused is
required to deposit for the offense for which the accused has
been charged and may not be used for the payment of court costs
or fines assessed for the offense. The clerk of the court shall
remit $70 of the fee assessed to the arresting agency who
brings the offender in on the arrest warrant. If the Illinois
Department of State Police is the arresting agency, $70 of the
fee assessed shall be remitted by the clerk of the court to the
State Treasurer within one month after receipt for deposit into
the State Police Operations Assistance Fund. The clerk of the
court shall remit $5 of the fee assessed to the Circuit Court
Clerk Operation and Administrative Fund as provided in Section
27.3d of the Clerks of Courts Act.
(Source: P.A. 99-412, eff. 1-1-16.)
(725 ILCS 5/112A-11.1)
Sec. 112A-11.1. Procedure for determining whether certain
misdemeanor crimes are crimes of domestic violence for purposes
of federal law.
(a) When a defendant has been charged with a violation of
Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
Criminal Code of 1961 or the Criminal Code of 2012, the State
may, at arraignment or no later than 45 days after arraignment,
for the purpose of notification to the Illinois Department of

SB3642 - 2024 - LRB101 20589 WGH 70218 b
State Police Firearm Owner's Identification Card Office, serve
on the defendant and file with the court a notice alleging that
conviction of the offense would subject the defendant to the
prohibitions of 18 U.S.C. 922(g)(9) because of the relationship
between the defendant and the alleged victim and the nature of
the alleged offense.
(b) The notice shall include the name of the person alleged
to be the victim of the crime and shall specify the nature of
the alleged relationship as set forth in 18 U.S.C.
921(a)(33)(A)(ii). It shall also specify the element of the
charged offense which requires the use or attempted use of
physical force, or the threatened use of a deadly weapon, as
set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
notice that the defendant is entitled to a hearing on the
allegation contained in the notice and that if the allegation
is sustained, that determination and conviction shall be
reported to the Illinois Department of State Police Firearm
Owner's Identification Card Office.
(c) After having been notified as provided in subsection
(b) of this Section, the defendant may stipulate or admit,
orally on the record or in writing, that conviction of the
offense would subject the defendant to the prohibitions of 18
U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
922(g)(9) shall be deemed established for purposes of Section
112A-11.2. If the defendant denies the applicability of 18
U.S.C. 922(g)(9) as alleged in the notice served by the State,

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or stands mute with respect to that allegation, then the State
shall bear the burden to prove beyond a reasonable doubt that
the offense is one to which the prohibitions of 18 U.S.C.
922(g)(9) apply. The court may consider reliable hearsay
evidence submitted by either party provided that it is relevant
to the determination of the allegation. Facts previously proven
at trial or elicited at the time of entry of a plea of guilty
shall be deemed established beyond a reasonable doubt and shall
not be relitigated. At the conclusion of the hearing, or upon a
stipulation or admission, as applicable, the court shall make a
specific written determination with respect to the allegation.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/112A-11.2)
Sec. 112A-11.2. Notification to the Illinois Department of
State Police Firearm Owner's Identification Card Office of
determinations in certain misdemeanor cases. Upon judgment of
conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
Code of 2012 when the defendant has been determined, under
Section 112A-11.1, to be subject to the prohibitions of 18
U.S.C. 922(g)(9), the circuit court clerk shall include
notification and a copy of the written determination in a
report of the conviction to the Illinois Department of State
Police Firearm Owner's Identification Card Office to enable the
office to report that determination to the Federal Bureau of

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Investigation and assist the Bureau in identifying persons
prohibited from purchasing and possessing a firearm pursuant to
the provisions of 18 U.S.C. 922.
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;
remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be

SB3642 - 2027 - LRB101 20589 WGH 70218 b
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i) the
hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.

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Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other person
protected by the domestic violence order of protection, or
prohibit respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the

SB3642 - 2029 - LRB101 20589 WGH 70218 b
residence, or orders respondent to stay away from
petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used
exclusively by respondent, medications, and other
items as the court directs. The right to access shall
be exercised on only one occasion as the court directs
and in the presence of an agreed-upon adult third party
or law enforcement officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing a
domestic violence order of protection and providing
relief shall consider the severity of the act, any
continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to
the petitioner and respondent under federal and State
law, the availability of a transfer of the respondent
to another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a

SB3642 - 2030 - LRB101 20589 WGH 70218 b
change of placement or change of program, as determined
by the school district or private or non-public school,
or place restrictions on the respondent's movements
within the school attended by the petitioner. The
respondent bears the burden of proving by a
preponderance of the evidence that a transfer, change
of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school. A
transfer, change of placement, or change of program is
not unavailable to the respondent solely on the ground
that the respondent does not agree with the school
district's or private or non-public school's transfer,
change of placement, or change of program or solely on
the ground that the respondent fails or refuses to
consent or otherwise does not take an action required
to effectuate a transfer, change of placement, or
change of program. When a court orders a respondent to
stay away from the public, private, or non-public
school attended by the petitioner and the respondent
requests a transfer to another attendance center
within the respondent's school district or private or
non-public school, the school district or private or
non-public school shall have sole discretion to

SB3642 - 2031 - LRB101 20589 WGH 70218 b
determine the attendance center to which the
respondent is transferred. If the court order results
in a transfer of the minor respondent to another
attendance center, a change in the respondent's
placement, or a change of the respondent's program, the
parents, guardian, or legal custodian of the
respondent is responsible for transportation and other
costs associated with the transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If
the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program,
mental health center guidance counselor, agency providing
services to elders, program designed for domestic violence
abusers, or any other guidance service the court deems
appropriate. The court may order the respondent in any
intimate partner relationship to report to an Illinois

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Department of Human Services protocol approved partner
abuse intervention program for an assessment and to follow
all recommended treatment.
(5) Physical care and possession of the minor child. In
order to protect the minor child from abuse, neglect, or
unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best interest.
(6) Temporary allocation of parental responsibilities
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall

SB3642 - 2033 - LRB101 20589 WGH 70218 b
be a rebuttable presumption that awarding temporary
significant decision-making responsibility to respondent
would not be in the child's best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court
shall restrict or deny respondent's parenting time with a
minor child if the court finds that respondent has done or
is likely to do any of the following:
(i) abuse or endanger the minor child during
parenting time;
(ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or
household members;
(iii) improperly conceal or detain the minor
child; or
(iv) otherwise act in a manner that is not in the
best interests of the minor child.
The court shall not be limited by the standards set
forth in Section 603.10 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time, the order shall specify dates and times for the
parenting time to take place or other specific parameters
or conditions that are appropriate. No order for parenting
time shall refer merely to the term "reasonable parenting

SB3642 - 2034 - LRB101 20589 WGH 70218 b
time". Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving in
a violent or abusive manner. If necessary to protect any
member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return the
child to the custody or care of the petitioner, or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if

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respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly; sharing it would risk abuse of
petitioner by respondent or is impracticable; and the
balance of hardships favors temporary possession by
petitioner.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may award
petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging, or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly, and the balance of hardships favors

SB3642 - 2036 - LRB101 20589 WGH 70218 b
granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage Act,

SB3642 - 2037 - LRB101 20589 WGH 70218 b
which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of
income to secure payment. An order for child support may be
granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating petitioner's
significant decision-making responsibility unless
otherwise provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs, and moving or
other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be

SB3642 - 2038 - LRB101 20589 WGH 70218 b
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing domestic
violence order of protection issued under this Code may
not lawfully possess weapons under Section 8.2 of the
Firearm Owners Identification Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5), shall be ordered by the court to
be turned over to a person with a valid Firearm Owner's
Identification Card for safekeeping. The court shall
issue an order that the respondent's Firearm Owner's
Identification Card be turned over to the local law

SB3642 - 2039 - LRB101 20589 WGH 70218 b
enforcement agency, which in turn shall immediately
mail the card to the Illinois Department of State
Police Firearm Owner's Identification Card Office for
safekeeping. The period of safekeeping shall be for the
duration of the domestic violence order of protection.
The firearm or firearms and Firearm Owner's
Identification Card, if unexpired, shall at the
respondent's request be returned to the respondent at
expiration of the domestic violence order of
protection.
(C) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 2012, the court
shall order that any firearms used by the respondent in
the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive
of the agency in which the respondent is employed, who
shall retain the firearms for safekeeping for the
duration of the domestic violence order of protection.
(D) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the

SB3642 - 2040 - LRB101 20589 WGH 70218 b
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned over
to a third party who is lawfully eligible to possess
firearms, and who does not reside with respondent.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5
of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse of
a family or household member or to effectuate one of the
granted remedies, if supported by the balance of hardships.
If the harm to be prevented by the injunction is abuse or
any other harm that one of the remedies listed in

SB3642 - 2041 - LRB101 20589 WGH 70218 b
paragraphs (1) through (16) of this subsection is designed
to prevent, no further evidence is necessary to establish
that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of the
following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.

SB3642 - 2042 - LRB101 20589 WGH 70218 b
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any

SB3642 - 2043 - LRB101 20589 WGH 70218 b
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of an
agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit

SB3642 - 2044 - LRB101 20589 WGH 70218 b
Court Clerks on the manner in which this information is
provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be abused
or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of

SB3642 - 2045 - LRB101 20589 WGH 70218 b
alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at
a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of marriage
attach to a putative father until a father and child
relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital

SB3642 - 2046 - LRB101 20589 WGH 70218 b
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act, the
Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or territory,
any other statute of this State, or by any foreign nation
establishing the father and child relationship, any other
proceeding substantially in conformity with the federal
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, or when both parties appeared
in open court or at an administrative hearing acknowledging
under oath or admitting by affirmation the existence of a
father and child relationship. Absent such an
adjudication, no putative father shall be granted
temporary allocation of parental responsibilities,
including parenting time with the minor child, or physical
care and possession of the minor child, nor shall an order
of payment for support of the minor child be entered.
(d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.

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(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to avoid
further abuse by respondent;
(6) petitioner did not leave the residence or household
to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
1-1-19; 101-81, eff. 7-12-19.)
(725 ILCS 5/112A-14.7)
Sec. 112A-14.7. Stalking no contact order; remedies.

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(a) The court may order any of the remedies listed in this
Section. The remedies listed in this Section shall be in
addition to other civil or criminal remedies available to
petitioner. A stalking no contact order shall order one or more
of the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b) When the petitioner and the respondent attend the same

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public, private, or non-public elementary, middle, or high
school, the court when issuing a stalking no contact order and
providing relief shall consider the severity of the act, any
continuing physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another school,
a change of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption that would
be caused by a transfer of the respondent to another school,
and any other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended by the
petitioner, order that the respondent accept a change of
placement or program, as determined by the school district or
private or non-public school, or place restrictions on the
respondent's movements within the school attended by the
petitioner. The respondent bears the burden of proving by a
preponderance of the evidence that a transfer, change of
placement, or change of program of the respondent is not
available. The respondent also bears the burden of production
with respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the respondent
to another school. A transfer, change of placement, or change
of program is not unavailable to the respondent solely on the
ground that the respondent does not agree with the school

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district's or private or non-public school's transfer, change
of placement, or change of program or solely on the ground that
the respondent fails or refuses to consent to or otherwise does
not take an action required to effectuate a transfer, change of
placement, or change of program. When a court orders a
respondent to stay away from the public, private, or non-public
school attended by the petitioner and the respondent requests a
transfer to another attendance center within the respondent's
school district or private or non-public school, the school
district or private or non-public school shall have sole
discretion to determine the attendance center to which the
respondent is transferred. If the court order results in a
transfer of the minor respondent to another attendance center,
a change in the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for transportation
and other costs associated with the transfer or change.
(c) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. If the court orders a
transfer of the respondent to another school, the parents,
guardian, or legal custodian of the respondent are responsible
for transportation and other costs associated with the change
of school by the respondent.
(d) The court shall not hold a school district or private

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or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(e) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Article for conduct of the minor respondent in violation
of this Article if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in the
conduct.
(f) Monetary damages are not recoverable as a remedy.
(g) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's Firearm Owner's Identification
Card and immediately return the card to the Illinois Department
of State Police Firearm Owner's Identification Card Office.
(Source: P.A. 100-199, eff. 1-1-18.)
(725 ILCS 5/112A-17.5)
Sec. 112A-17.5. Ex parte protective orders.
(a) The petitioner may request expedited consideration of
the petition for an ex parte protective order. The court shall
consider the request on an expedited basis without requiring
the respondent's presence or requiring notice to the
respondent.

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(b) Issuance of ex parte protective orders in cases
involving domestic violence. An ex parte domestic violence
order of protection shall be issued if petitioner satisfies the
requirements of this subsection (b) for one or more of the
requested remedies. For each remedy requested, petitioner
shall establish that:
(1) the court has jurisdiction under Section 112A-9 of
this Code;
(2) the requirements of subsection (a) of Section
112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy, regardless
of prior service of process or notice upon the respondent,
because:
(A) for the remedy of prohibition of abuse
described in paragraph (1) of subsection (b) of Section
112A-14 of this Code; stay away order and additional
prohibitions described in paragraph (3) of subsection
(b) of Section 112A-14 of this Code; removal or
concealment of minor child described in paragraph (8)
of subsection (b) of Section 112A-14 of this Code;
order to appear described in paragraph (9) of
subsection (b) of Section 112A-14 of this Code;
physical care and possession of the minor child
described in paragraph (5) of subsection (b) of Section
112A-14 of this Code; protection of property described
in paragraph (11) of subsection (b) of Section 112A-14

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of this Code; prohibition of entry described in
paragraph (14) of subsection (b) of Section 112A-14 of
this Code; prohibition of firearm possession described
in paragraph (14.5) of subsection (b) of Section
112A-14 of this Code; prohibition of access to records
described in paragraph (15) of subsection (b) of
Section 112A-14 of this Code; injunctive relief
described in paragraph (16) of subsection (b) of
Section 112A-14 of this Code; and telephone services
described in paragraph (18) of subsection (b) of
Section 112A-14 of this Code, the harm which that
remedy is intended to prevent would be likely to occur
if the respondent were given any prior notice, or
greater notice than was actually given, of the
petitioner's efforts to obtain judicial relief;
(B) for the remedy of grant of exclusive possession
of residence described in paragraph (2) of subsection
(b) of Section 112A-14 of this Code; the immediate
danger of further abuse of the petitioner by the
respondent, if the petitioner chooses or had chosen to
remain in the residence or household while the
respondent was given any prior notice or greater notice
than was actually given of the petitioner's efforts to
obtain judicial relief outweighs the hardships to the
respondent of an emergency order granting the
petitioner exclusive possession of the residence or

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household; and the remedy shall not be denied because
the petitioner has or could obtain temporary shelter
elsewhere while prior notice is given to the
respondent, unless the hardship to the respondent from
exclusion from the home substantially outweigh the
hardship to the petitioner; or
(C) for the remedy of possession of personal
property described in paragraph (10) of subsection (b)
of Section 112A-14 of this Code; improper disposition
of the personal property would be likely to occur if
the respondent were given any prior notice, or greater
notice than was actually given, of the petitioner's
efforts to obtain judicial relief or the petitioner has
an immediate and pressing need for the possession of
that property.
An ex parte domestic violence order of protection may not
include the counseling, custody, or payment of support or
monetary compensation remedies provided by paragraphs (4),
(12), (13), and (16) of subsection (b) of Section 112A-14 of
this Code.
(c) Issuance of ex parte civil no contact order in cases
involving sexual offenses. An ex parte civil no contact order
shall be issued if the petitioner establishes that:
(1) the court has jurisdiction under Section 112A-9 of
this Code;
(2) the requirements of subsection (a) of Section

SB3642 - 2055 - LRB101 20589 WGH 70218 b
112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because the harm which that remedy is intended
to prevent would be likely to occur if the respondent were
given any prior notice, or greater notice than was actually
given, of the petitioner's efforts to obtain judicial
relief.
The court may order any of the remedies under Section
112A-14.5 of this Code.
(d) Issuance of ex parte stalking no contact order in cases
involving stalking offenses. An ex parte stalking no contact
order shall be issued if the petitioner establishes that:
(1) the court has jurisdiction under Section 112A-9 of
this Code;
(2) the requirements of subsection (a) of Section
112A-11.5 of this Code are satisfied; and
(3) there is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because the harm which that remedy is intended
to prevent would be likely to occur if the respondent were
given any prior notice, or greater notice than was actually
given, of the petitioner's efforts to obtain judicial
relief.
The court may order any of the remedies under Section
112A-14.7 of this Code.

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(e) Issuance of ex parte protective orders on court
holidays and evenings.
When the court is unavailable at the close of business, the
petitioner may file a petition for an ex parte protective order
before any available circuit judge or associate judge who may
grant relief under this Article. If the judge finds that
petitioner has satisfied the prerequisites in subsection (b),
(c), or (d) of this Section, the judge shall issue an ex parte
protective order.
The chief judge of the circuit court may designate for each
county in the circuit at least one judge to be reasonably
available to issue orally, by telephone, by facsimile, or
otherwise, an ex parte protective order at all times, whether
or not the court is in session.
The judge who issued the order under this Section shall
promptly communicate or convey the order to the sheriff to
facilitate the entry of the order into the Law Enforcement
Agencies Data System by the Illinois Department of State Police
under Section 112A-28 of this Code. Any order issued under this
Section and any documentation in support of it shall be
certified on the next court day to the appropriate court. The
clerk of that court shall immediately assign a case number,
file the petition, order, and other documents with the court
and enter the order of record and file it with the sheriff for
service under subsection (f) of this Section. Failure to comply
with the requirements of this subsection (e) shall not affect

SB3642 - 2057 - LRB101 20589 WGH 70218 b
the validity of the order.
(f) Service of ex parte protective order on respondent.
(1) If an ex parte protective order is entered at the
time a summons or arrest warrant is issued for the criminal
charge, the petition for the protective order, any
supporting affidavits, if any, and the ex parte protective
order that has been issued shall be served with the summons
or arrest warrant. The enforcement of a protective order
under Section 112A-23 of this Code shall not be affected by
the lack of service or delivery, provided the requirements
of subsection (a) of Section 112A-23 of this Code are
otherwise met.
(2) If an ex parte protective order is entered after a
summons or arrest warrant is issued and before the
respondent makes an initial appearance in the criminal
case, the summons shall be in the form prescribed by
subsection (d) of Supreme Court Rule 101, except that it
shall require respondent to answer or appear within 7 days
and shall be accompanied by the petition for the protective
order, any supporting affidavits, if any, and the ex parte
protective order that has been issued.
(3) If an ex parte protective order is entered after
the respondent has been served notice of a petition for a
final protective order and the respondent has requested a
continuance to respond to the petition, the ex parte
protective order shall be served: (A) in open court if the

SB3642 - 2058 - LRB101 20589 WGH 70218 b
respondent is present at the proceeding at which the order
was entered; or (B) by summons in the form prescribed by
subsection (d) of Supreme Court Rule 101.
(4) No fee shall be charged for service of summons.
(5) The summons shall be served by the sheriff or other
law enforcement officer at the earliest time and shall take
precedence over other summonses except those of a similar
emergency nature. Special process servers may be appointed
at any time, and their designation shall not affect the
responsibilities and authority of the sheriff or other
official process servers. In a county with a population
over 3,000,000, a special process server may not be
appointed if an ex parte protective order grants the
surrender of a child, the surrender of a firearm or Firearm
Owner's Identification Card, or the exclusive possession
of a shared residence. Process may be served in court.
(g) Upon 7 days' notice to the petitioner, or a shorter
notice period as the court may prescribe, a respondent subject
to an ex parte protective order may appear and petition the
court to re-hear the petition. Any petition to re-hear shall be
verified and shall allege the following:
(1) that respondent did not receive prior notice of the
initial hearing in which the ex parte protective order was
entered under Section 112A-17.5 of this Code; and
(2) that respondent had a meritorious defense to the
order or any of its remedies or that the order or any of

SB3642 - 2059 - LRB101 20589 WGH 70218 b
its remedies was not authorized under this Article.
The verified petition and affidavit shall set forth the
evidence of the meritorious defense that will be presented at a
hearing. If the court finds that the evidence presented at the
hearing on the petition establishes a meritorious defense by a
preponderance of the evidence, the court may decide to vacate
the protective order or modify the remedies.
(h) If the ex parte protective order granted petitioner
exclusive possession of the residence and the petition of
respondent seeks to re-open or vacate that grant, the court
shall set a date for hearing within 14 days on all issues
relating to exclusive possession. Under no circumstances shall
a court continue a hearing concerning exclusive possession
beyond the 14th day except by agreement of the petitioner and
the respondent. Other issues raised by the pleadings may be
consolidated for the hearing if the petitioner, the respondent,
and the court do not object.
(i) Duration of ex parte protective order. An ex parte
order shall remain in effect until the court considers the
request for a final protective order after notice has been
served on the respondent or a default final protective order is
entered, whichever occurs first. If a court date is scheduled
for the issuance of a default protective order and the
petitioner fails to personally appear or appear through counsel
or the prosecuting attorney, the petition shall be dismissed
and the ex parte order terminated.

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(Source: P.A. 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and extension of final protective
orders.
(a) (Blank).
(b) A final protective order shall remain in effect as
follows:
(1) if entered during pre-trial release, until
disposition, withdrawal, or dismissal of the underlying
charge; if, however, the case is continued as an
independent cause of action, the order's duration may be
for a fixed period of time not to exceed 2 years;
(2) if in effect in conjunction with a bond forfeiture
warrant, until final disposition or an additional period of
time not exceeding 2 years; no domestic violence order of
protection, however, shall be terminated by a dismissal
that is accompanied by the issuance of a bond forfeiture
warrant;
(3) until 2 years after the expiration of any
supervision, conditional discharge, probation, periodic
imprisonment, parole, aftercare release, or mandatory
supervised release for domestic violence orders of
protection and civil no contact orders; or
(4) until 2 years after the date set by the court for
expiration of any sentence of imprisonment and subsequent

SB3642 - 2061 - LRB101 20589 WGH 70218 b
parole, aftercare release, or mandatory supervised release
for domestic violence orders of protection and civil no
contact orders; and
(5) permanent for a stalking no contact order if a
judgment of conviction for stalking is entered.
(c) Computation of time. The duration of a domestic
violence order of protection shall not be reduced by the
duration of any prior domestic violence order of protection.
(d) Law enforcement records. When a protective order
expires upon the occurrence of a specified event, rather than
upon a specified date as provided in subsection (b), no
expiration date shall be entered in Illinois Department of
State Police records. To remove the protective order from those
records, either the petitioner or the respondent shall request
the clerk of the court to file a certified copy of an order
stating that the specified event has occurred or that the
protective order has been vacated or modified with the sheriff,
and the sheriff shall direct that law enforcement records shall
be promptly corrected in accordance with the filed order.
(e) Extension of Orders. Any domestic violence order of
protection or civil no contact order that expires 2 years after
the expiration of the defendant's sentence under paragraph (2),
(3), or (4) of subsection (b) of Section 112A-20 of this
Article may be extended one or more times, as required. The
petitioner, petitioner's counsel, or the State's Attorney on
the petitioner's behalf shall file the motion for an extension

SB3642 - 2062 - LRB101 20589 WGH 70218 b
of the final protective order in the criminal case and serve
the motion in accordance with Supreme Court Rules 11 and 12.
The court shall transfer the motion to the appropriate court or
division for consideration under subsection (e) of Section 220
of the Illinois Domestic Violence Act of 1986, subsection (c)
of Section 216 of the Civil No Contact Order Act, or subsection
(c) of Section 105 of the Stalking No Contact Order as
appropriate.
(f) Termination date. Any final protective order which
would expire on a court holiday shall instead expire at the
close of the next court business day.
(g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for issuing a
protective order undermines the purposes of this Article. This
Section shall not be construed as encouraging that practice.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-22) (from Ch. 38, par. 112A-22)
Sec. 112A-22. Notice of orders.
(a) Entry and issuance. Upon issuance of any protective
order, the clerk shall immediately, or on the next court day if
an ex parte order is issued under subsection (e) of Section
112A-17.5 of this Code, (i) enter the order on the record and
file it in accordance with the circuit court procedures and
(ii) provide a file stamped copy of the order to respondent and
to petitioner, if present, and to the State's Attorney. If the

SB3642 - 2063 - LRB101 20589 WGH 70218 b
victim is not present the State's Attorney shall (i) as soon as
practicable notify the petitioner the order has been entered
and (ii) provide a file stamped copy of the order to the
petitioner within 3 days.
(b) Filing with sheriff. The clerk of the issuing judge
shall, on the same day that a protective order is issued, file
a copy of that order with the sheriff or other law enforcement
officials charged with maintaining Illinois Department of
State Police records or charged with serving the order upon
respondent. If the order was issued under subsection (e) of
Section 112A-17.5 of this Code, the clerk on the next court day
shall file a certified copy of the order with the sheriff or
other law enforcement officials charged with maintaining
Illinois Department of State Police records.
(c) (Blank).
(c-2) Service by sheriff. Unless respondent was present in
court when the order was issued, the sheriff, other law
enforcement official, or special process server shall promptly
serve that order upon respondent and file proof of the service,
in the manner provided for service of process in civil
proceedings. Instead of serving the order upon the respondent;
however, the sheriff, other law enforcement official, special
process server, or other persons defined in Section 112A-22.1
of this Code may serve the respondent with a short form
notification as provided in Section 112A-22.1 of this Code. If
process has not yet been served upon the respondent, process

SB3642 - 2064 - LRB101 20589 WGH 70218 b
shall be served with the order or short form notification if
the service is made by the sheriff, other law enforcement
official, or special process server.
(c-3) If the person against whom the protective order is
issued is arrested and the written order is issued under
subsection (e) of Section 112A-17.5 of this Code and received
by the custodial law enforcement agency before the respondent
or arrestee is released from custody, the custodial law
enforcement agency shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for a hearing on the
petition for protective order or receipt of the order issued
under Section 112A-17 of this Code.
(c-4) Extensions, modifications, and revocations. Any
order extending, modifying, or revoking any protective order
shall be promptly recorded, issued, and served as provided in
this Section.
(c-5) (Blank).
(d) (Blank).
(e) Notice to health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk of
the circuit court shall send a certified copy of the protective
order to any specified health care facility or health care
practitioner requested by the petitioner at the mailing address
provided by the petitioner.

SB3642 - 2065 - LRB101 20589 WGH 70218 b
(f) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of a protective
order that prohibits a respondent's access to records, no
health care facility or health care practitioner shall allow a
respondent access to the records of any child who is a
protected person under the protective order, or release
information in those records to the respondent, unless the
order has expired or the respondent shows a certified copy of
the court order vacating the corresponding protective order
that was sent to the health care facility or practitioner.
Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter
procedures related to billing and payment. The health care
facility or health care practitioner may file the copy of the
protective order in the records of a child who is a protected
person under the protective order, or may employ any other
method to identify the records to which a respondent is
prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of a protective order, except for willful
and wanton misconduct.
(g) Notice to schools. Upon the request of the petitioner,
within 24 hours of the issuance of a protective order, the
clerk of the issuing judge shall send a certified copy of the
protective order to the day-care facility, pre-school or
pre-kindergarten, or private school or the principal office of

SB3642 - 2066 - LRB101 20589 WGH 70218 b
the public school district or any college or university in
which any child who is a protected person under the protective
order or any child of the petitioner is enrolled as requested
by the petitioner at the mailing address provided by the
petitioner. If the child transfers enrollment to another
day-care facility, pre-school, pre-kindergarten, private
school, public school, college, or university, the petitioner
may, within 24 hours of the transfer, send to the clerk written
notice of the transfer, including the name and address of the
institution to which the child is transferring. Within 24 hours
of receipt of notice from the petitioner that a child is
transferring to another day-care facility, pre-school,
pre-kindergarten, private school, public school, college, or
university, the clerk shall send a certified copy of the order
to the institution to which the child is transferring.
(h) Disclosure by schools. After receiving a certified copy
of a protective order that prohibits a respondent's access to
records, neither a day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university nor its employees shall allow a respondent access to
a protected child's records or release information in those
records to the respondent. The school shall file the copy of
the protective order in the records of a child who is a
protected person under the order. When a child who is a
protected person under the protective order transfers to
another day-care facility, pre-school, pre-kindergarten,

SB3642 - 2067 - LRB101 20589 WGH 70218 b
public or private school, college, or university, the
institution from which the child is transferring may, at the
request of the petitioner, provide, within 24 hours of the
transfer, written notice of the protective order, along with a
certified copy of the order, to the institution to which the
child is transferring.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/112A-28) (from Ch. 38, par. 112A-28)
Sec. 112A-28. Data maintenance by law enforcement
agencies.
(a) All sheriffs shall furnish to the Illinois Department
of State Police, daily, in the form and detail the Department
requires, copies of any recorded protective orders issued by
the court, and any foreign protective orders filed by the clerk
of the court, and transmitted to the sheriff by the clerk of
the court. Each protective order shall be entered in the Law
Enforcement Agencies Data System on the same day it is issued
by the court.
(b) The Illinois Department of State Police shall maintain
a complete and systematic record and index of all valid and
recorded protective orders issued or filed under this Act. The
data shall be used to inform all dispatchers and law
enforcement officers at the scene of an alleged incident of
abuse or violation of a protective order of any recorded prior
incident of abuse involving the abused party and the effective

SB3642 - 2068 - LRB101 20589 WGH 70218 b
dates and terms of any recorded protective order.
(c) The data, records and transmittals required under this
Section shall pertain to:
(1) any valid emergency, interim or plenary domestic
violence order of protection, civil no contact or stalking
no contact order issued in a civil proceeding; and
(2) any valid ex parte or final protective order issued
in a criminal proceeding or authorized under the laws of
another state, tribe, or United States territory.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/115-15)
Sec. 115-15. Laboratory reports.
(a) In any criminal prosecution for a violation of the
Cannabis Control Act, the Illinois Controlled Substances Act,
or the Methamphetamine Control and Community Protection Act, a
laboratory report from the Illinois Department of State Police,
Division of Forensic Services, that is signed and sworn to by
the person performing an analysis and that states (1) that the
substance that is the basis of the alleged violation has been
weighed and analyzed, and (2) the person's findings as to the
contents, weight and identity of the substance, and (3) that it
contains any amount of a controlled substance or cannabis is
prima facie evidence of the contents, identity and weight of
the substance. Attached to the report shall be a copy of a
notarized statement by the signer of the report giving the name

SB3642 - 2069 - LRB101 20589 WGH 70218 b
of the signer and stating (i) that he or she is an employee of
the Illinois Department of State Police, Division of Forensic
Services, (ii) the name and location of the laboratory where
the analysis was performed, (iii) that performing the analysis
is a part of his or her regular duties, and (iv) that the
signer is qualified by education, training and experience to
perform the analysis. The signer shall also allege that
scientifically accepted tests were performed with due caution
and that the evidence was handled in accordance with
established and accepted procedures while in the custody of the
laboratory.
(a-5) In any criminal prosecution for reckless homicide
under Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, or driving under the influence of alcohol, other
drug, or combination of both, in violation of Section 11-501 of
the Illinois Vehicle Code or in any civil action held under a
statutory summary suspension or revocation hearing under
Section 2-118.1 of the Illinois Vehicle Code, a laboratory
report from the Illinois Department of State Police, Division
of Forensic Services, that is signed and sworn to by the person
performing an analysis, and that states that the sample of
blood, other bodily substance, or urine was tested for alcohol
or drugs, and contains the person's findings as to the presence
and amount of alcohol or drugs and type of drug is prima facie
evidence of the presence, content, and amount of the alcohol or
drugs analyzed in the blood, other bodily substance, or urine.

SB3642 - 2070 - LRB101 20589 WGH 70218 b
Attached to the report must be a copy of a notarized statement
by the signer of the report giving the name of the signer and
stating (1) that he or she is an employee of the Illinois
Department of State Police, Division of Forensic Services, (2)
the name and location of the laboratory where the analysis was
performed, (3) that performing the analysis is a part of his or
her regular duties, (4) that the signer is qualified by
education, training, and experience to perform the analysis,
and (5) that scientifically accepted tests were performed with
due caution and that the evidence was handled in accordance
with established and accepted procedures while in the custody
of the laboratory.
(b) The State's Attorney shall serve a copy of the report
on the attorney of record for the accused, or on the accused if
he or she has no attorney, before any proceeding in which the
report is to be used against the accused other than at a
preliminary hearing or grand jury hearing when the report may
be used without having been previously served upon the accused.
(c) The report shall not be prima facie evidence if the
accused or his or her attorney demands the testimony of the
person signing the report by serving the demand upon the
State's Attorney within 7 days from the accused or his or her
attorney's receipt of the report.
(Source: P.A. 99-697, eff. 7-29-16.)
(725 ILCS 5/116-3)

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Sec. 116-3. Motion for fingerprint, Integrated Ballistic
Identification System, or forensic testing not available at
trial or guilty plea regarding actual innocence.
(a) A defendant may make a motion before the trial court
that entered the judgment of conviction in his or her case for
the performance of fingerprint, Integrated Ballistic
Identification System, or forensic DNA testing, including
comparison analysis of genetic marker groupings of the evidence
collected by criminal justice agencies pursuant to the alleged
offense, to those of the defendant, to those of other forensic
evidence, and to those maintained under subsection (f) of
Section 5-4-3 of the Unified Code of Corrections, on evidence
that was secured in relation to the trial or guilty plea which
resulted in his or her conviction, and:
(1) was not subject to the testing which is now
requested at the time of trial; or
(2) although previously subjected to testing, can be
subjected to additional testing utilizing a method that was
not scientifically available at the time of trial that
provides a reasonable likelihood of more probative
results.
Reasonable notice of the motion shall be served upon the
State.
(b) The defendant must present a prima facie case that:
(1) identity was the issue in the trial or guilty plea
which resulted in his or her conviction; and

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(2) the evidence to be tested has been subject to a
chain of custody sufficient to establish that it has not
been substituted, tampered with, replaced, or altered in
any material aspect.
(c) The trial court shall allow the testing under
reasonable conditions designed to protect the State's
interests in the integrity of the evidence and the testing
process upon a determination that:
(1) the result of the testing has the scientific
potential to produce new, noncumulative evidence (i)
materially relevant to the defendant's assertion of actual
innocence when the defendant's conviction was the result of
a trial, even though the results may not completely
exonerate the defendant, or (ii) that would raise a
reasonable probability that the defendant would have been
acquitted if the results of the evidence to be tested had
been available prior to the defendant's guilty plea and the
petitioner had proceeded to trial instead of pleading
guilty, even though the results may not completely
exonerate the defendant; and
(2) the testing requested employs a scientific method
generally accepted within the relevant scientific
community.
(d) If evidence previously tested pursuant to this Section
reveals an unknown fingerprint from the crime scene that does
not match the defendant or the victim, the order of the Court

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shall direct the prosecuting authority to request the Illinois
State Police Bureau of Forensic Science to submit the unknown
fingerprint evidence into the FBI's Integrated Automated
Fingerprint Identification System (AIFIS) for identification.
(e) In the court's order to allow testing, the court shall
order the investigating authority to prepare an inventory of
the evidence related to the case and issue a copy of the
inventory to the prosecution, the petitioner, and the court.
(f) When a motion is filed to vacate based on favorable
post-conviction testing results, the State may, upon request,
reactivate victim services for the victim of the crime during
the pendency of the proceedings, and, as determined by the
court after consultation with the victim or victim advocate, or
both, following final adjudication of the case.
(Source: P.A. 98-948, eff. 8-15-14.)
(725 ILCS 5/116-4)
Sec. 116-4. Preservation of evidence for forensic testing.
(a) Before or after the trial in a prosecution for a
violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 or in a prosecution
for an offense defined in Article 9 of that Code, or in a
prosecution for an attempt in violation of Section 8-4 of that
Code of any of the above-enumerated offenses, unless otherwise
provided herein under subsection (b) or (c), a law enforcement

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agency or an agent acting on behalf of the law enforcement
agency shall preserve, subject to a continuous chain of
custody, any physical evidence in their possession or control
that is reasonably likely to contain forensic evidence,
including, but not limited to, fingerprints or biological
material secured in relation to a trial and with sufficient
documentation to locate that evidence.
(b) After a judgment of conviction is entered, the evidence
shall either be impounded with the Clerk of the Circuit Court
or shall be securely retained by a law enforcement agency.
Retention shall be permanent in cases where a sentence of death
is imposed. Retention shall be until the completion of the
sentence, including the period of mandatory supervised release
for the offense, or January 1, 2006, whichever is later, for
any conviction for an offense or an attempt of an offense
defined in Article 9 of the Criminal Code of 1961 or the
Criminal Code of 2012 or in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
Criminal Code of 1961 or the Criminal Code of 2012 or for 7
years following any conviction for any other felony for which
the defendant's genetic profile may be taken by a law
enforcement agency and submitted for comparison in a forensic
DNA database for unsolved offenses.
(c) After a judgment of conviction is entered, the law
enforcement agency required to retain evidence described in
subsection (a) may petition the court with notice to the

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defendant or, in cases where the defendant has died, his
estate, his attorney of record, or an attorney appointed for
that purpose by the court for entry of an order allowing it to
dispose of evidence if, after a hearing, the court determines
by a preponderance of the evidence that:
(1) it has no significant value for forensic science
analysis and should be returned to its rightful owner,
destroyed, used for training purposes, or as otherwise
provided by law; or
(2) it has no significant value for forensic science
analysis and is of a size, bulk, or physical character not
usually retained by the law enforcement agency and cannot
practicably be retained by the law enforcement agency; or
(3) there no longer exists a reasonable basis to
require the preservation of the evidence because of the
death of the defendant; however, this paragraph (3) does
not apply if a sentence of death was imposed.
(d) The court may order the disposition of the evidence if
the defendant is allowed the opportunity to take reasonable
measures to remove or preserve portions of the evidence in
question for future testing.
(d-5) Any order allowing the disposition of evidence
pursuant to subsection (c) or (d) shall be a final and
appealable order. No evidence shall be disposed of until 30
days after the order is entered, and if a notice of appeal is
filed, no evidence shall be disposed of until the mandate has

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been received by the circuit court from the appellate court.
(d-10) All records documenting the possession, control,
storage, and destruction of evidence and all police reports,
evidence control or inventory records, and other reports cited
in this Section, including computer records, must be retained
for as long as the evidence exists and may not be disposed of
without the approval of the Local Records Commission.
(e) In this Section, "law enforcement agency" includes any
of the following or an agent acting on behalf of any of the
following: a municipal police department, county sheriff's
office, any prosecuting authority, the Illinois Department of
State Police, or any other State, university, county, federal,
or municipal police unit or police force.
"Biological material" includes, but is not limited to, any
blood, hair, saliva, or semen from which genetic marker
groupings may be obtained.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(725 ILCS 5/116-5)
Sec. 116-5. Motion for DNA database search (genetic marker
groupings comparison analysis).
(a) Upon motion by a defendant charged with any offense
where DNA evidence may be material to the defense investigation
or relevant at trial, a court may order a DNA database search
by the Illinois Department of State Police. Such analysis may
include comparing:

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(1) the genetic profile from forensic evidence that was
secured in relation to the trial against the genetic
profile of the defendant,
(2) the genetic profile of items of forensic evidence
secured in relation to trial to the genetic profile of
other forensic evidence secured in relation to trial, or
(3) the genetic profiles referred to in subdivisions
(1) and (2) against:
(i) genetic profiles of offenders maintained under
subsection (f) of Section 5-4-3 of the Unified Code of
Corrections, or
(ii) genetic profiles, including but not limited
to, profiles from unsolved crimes maintained in state
or local DNA databases by law enforcement agencies.
(b) If appropriate federal criteria are met, the court may
order the Illinois Department of State Police to request the
National DNA index system to search its database of genetic
profiles.
(c) If requested by the defense, a defense representative
shall be allowed to view any genetic marker grouping analysis
conducted by the Illinois Department of State Police. The
defense shall be provided with copies of all documentation,
correspondence, including digital correspondence, notes,
memoranda, and reports generated in relation to the analysis.
(d) Reasonable notice of the motion shall be served upon
the State.

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(Source: P.A. 93-605, eff. 11-19-03.)
(725 ILCS 5/124B-605)
Sec. 124B-605. Distribution of property and sale proceeds.
(a) All moneys and the sale proceeds of all other property
forfeited and seized under this Part 600 shall be distributed
as follows:
(1) 50% shall be distributed to the unit of local
government whose officers or employees conducted the
investigation into computer fraud and caused the arrest or
arrests and prosecution leading to the forfeiture. Amounts
distributed to units of local government shall be used for
training or enforcement purposes relating to detection,
investigation, or prosecution of financial crimes,
including computer fraud. If, however, the investigation,
arrest or arrests, and prosecution leading to the
forfeiture were undertaken solely by a State agency, the
portion provided under this paragraph (1) shall be paid
into the State Police Services Fund of the Illinois
Department of State Police to be used for training or
enforcement purposes relating to detection, investigation,
or prosecution of financial crimes, including computer
fraud.
(2) 50% shall be distributed to the county in which the
prosecution and petition for forfeiture resulting in the
forfeiture was instituted by the State's Attorney and shall

SB3642 - 2079 - LRB101 20589 WGH 70218 b
be deposited into a special fund in the county treasury and
appropriated to the State's Attorney for use in training or
enforcement purposes relating to detection, investigation,
or prosecution of financial crimes, including computer
fraud. If a prosecution and petition for forfeiture
resulting in the forfeiture has been maintained by the
Attorney General, 50% of the proceeds shall be paid into
the Attorney General's Financial Crime Prevention Fund. If
the Attorney General and the State's Attorney have
participated jointly in any part of the proceedings, 25% of
the proceeds forfeited shall be paid to the county in which
the prosecution and petition for forfeiture resulting in
the forfeiture occurred, and 25% shall be paid into the
Attorney General's Financial Crime Prevention Fund to be
used for the purposes stated in this paragraph (2).
(b) Before any distribution under subsection (a), the
Attorney General or State's Attorney shall retain from the
forfeited moneys or sale proceeds, or both, sufficient moneys
to cover expenses related to the administration and sale of the
forfeited property.
(Source: P.A. 96-712, eff. 1-1-10.)
(725 ILCS 5/124B-705)
Sec. 124B-705. Seizure and inventory of property subject to
forfeiture. Property taken or detained under this Part shall
not be subject to replevin, but is deemed to be in the custody

SB3642 - 2080 - LRB101 20589 WGH 70218 b
of the Director of the Illinois State Police subject only to
the order and judgments of the circuit court having
jurisdiction over the forfeiture proceedings and the decisions
of the Attorney General or State's Attorney under this Article.
When property is seized under this Article, the seizing agency
shall promptly conduct an inventory of the seized property and
estimate the property's value and shall forward a copy of the
estimate of the property's value to the Director of the
Illinois State Police. Upon receiving the notice of seizure,
the Director may do any of the following:
(1) Place the property under seal.
(2) Remove the property to a place designated by the
Director.
(3) Keep the property in the possession of the seizing
agency.
(4) Remove the property to a storage area for
safekeeping or, if the property is a negotiable instrument
or money and is not needed for evidentiary purposes,
deposit it in an interest bearing account.
(5) Place the property under constructive seizure by
posting notice of the pending forfeiture on it, by giving
notice of the pending forfeiture to its owners and interest
holders, or by filing a notice of the pending forfeiture in
any appropriate public record relating to the property.
(6) Provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of

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the property on terms and conditions set by the Director.
(Source: P.A. 96-712, eff. 1-1-10.)
(725 ILCS 5/124B-710)
Sec. 124B-710. Sale of forfeited property by Director of
the Illinois State Police.
(a) The court shall authorize the Director of the Illinois
State Police to seize any property declared forfeited under
this Article on terms and conditions the court deems proper.
(b) When property is forfeited under this Part 700, the
Director of the Illinois State Police shall sell the property
unless the property is required by law to be destroyed or is
harmful to the public. The Director shall distribute the
proceeds of the sale, together with any moneys forfeited or
seized, in accordance with Section 124B-715.
(c) (Blank).
(Source: P.A. 100-512, eff. 7-1-18.)
(725 ILCS 5/124B-930)
Sec. 124B-930. Disposal of property.
(a) Real property taken or detained under this Part is not
subject to replevin, but is deemed to be in the custody of the
Director of the Illinois State Police subject only to the order
and judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney or Attorney General under this Article.

SB3642 - 2082 - LRB101 20589 WGH 70218 b
(b) When property is forfeited under this Article, the
Director of the Illinois State Police shall sell all such
property and shall distribute the proceeds of the sale,
together with any moneys forfeited or seized, in accordance
with Section 124B-935.
(Source: P.A. 96-712, eff. 1-1-10.)
(725 ILCS 5/124B-935)
Sec. 124B-935. Distribution of property and sale proceeds.
All moneys and the sale proceeds of all other property
forfeited and seized under this Part 900 shall be distributed
as follows:
(1) 65% shall be distributed to the local, municipal,
county, or State law enforcement agency or agencies that
conducted or participated in the investigation resulting
in the forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based.
(2) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution
resulting in the forfeiture was instituted for use in the
enforcement of laws, including laws governing animal

SB3642 - 2083 - LRB101 20589 WGH 70218 b
fighting.
(3) 12.5% shall be distributed to the Illinois
Department of Agriculture for reimbursement of expenses
incurred in the investigation, prosecution, and appeal of
cases arising under laws governing animal fighting.
(4) 10% shall be retained by the Illinois Department of
State Police for expenses related to the administration and
sale of seized and forfeited property.
(Source: P.A. 96-712, eff. 1-1-10.)
Section 1025. The Drug Asset Forfeiture Procedure Act is
amended by changing Sections 3.1, 3.3, 4, 5.1, 6, 11, 13.1, and
13.2 as follows:
(725 ILCS 150/3.1)
Sec. 3.1. Seizure.
(a) Actual physical seizure of real property subject to
forfeiture under this Act requires the issuance of a seizure
warrant. Nothing in this Section prohibits the constructive
seizure of real property through the filing of a complaint for
forfeiture in circuit court and the recording of a lis pendens
against the real property without a hearing, warrant
application, or judicial approval.
(b) Personal property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,
the Illinois Food, Drug and Cosmetic Act, or the

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Methamphetamine Control and Community Protection Act may be
seized by the Director of the Illinois State Police or any
peace officer upon process or seizure warrant issued by any
court having jurisdiction over the property.
(c) Personal property subject to forfeiture under the
Illinois Controlled Substances Act, the Cannabis Control Act,
the Illinois Food, Drug and Cosmetic Act, or the
Methamphetamine Control and Community Protection Act may be
seized by the Director of the Illinois State Police or any
peace officer without process:
(1) if the seizure is incident to inspection under an
administrative inspection warrant;
(2) if the property subject to seizure has been the
subject of a prior judgment in favor of the State in a
criminal proceeding or in an injunction or forfeiture
proceeding based upon this Act;
(3) if there is probable cause to believe that the
property is directly or indirectly dangerous to health or
safety;
(4) if there is probable cause to believe that the
property is subject to forfeiture under the Illinois
Controlled Substances Act, the Cannabis Control Act, the
Illinois Food, Drug and Cosmetic Act, or the
Methamphetamine Control and Community Protection Act, and
the property is seized under circumstances in which a
warrantless seizure or arrest would be reasonable; or

SB3642 - 2085 - LRB101 20589 WGH 70218 b
(5) under the Code of Criminal Procedure of 1963.
(d) If a conveyance is seized under this Act, an
investigation shall be made by the law enforcement agency as to
any person whose right, title, interest, or lien is of record
in the office of the agency or official in which title to or
interest in the conveyance is required by law to be recorded.
(e) After seizure under this Section, notice shall be given
to all known interest holders that forfeiture proceedings,
including a preliminary review, may be instituted and the
proceedings may be instituted under this Act. Upon a showing of
good cause related to an ongoing investigation, the notice
required for a preliminary review under this Section may be
postponed.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(725 ILCS 150/3.3)
Sec. 3.3. Safekeeping of seized property pending
disposition.
(a) Property seized under this Act is deemed to be in the
custody of the Director of the Illinois State Police, subject
only to the order and judgments of the circuit court having
jurisdiction over the forfeiture proceedings and the decisions
of the State's Attorney under this Act.
(b) If property is seized under this Act, the seizing
agency shall promptly conduct an inventory of the seized
property and estimate the property's value and shall forward a

SB3642 - 2086 - LRB101 20589 WGH 70218 b
copy of the inventory of seized property and the estimate of
the property's value to the Director of the Illinois State
Police. Upon receiving notice of seizure, the Director of the
Illinois State Police may:
(1) place the property under seal;
(2) remove the property to a place designated by the
seizing agency;
(3) keep the property in the possession of the Director
of the Illinois State Police;
(4) remove the property to a storage area for
safekeeping;
(5) place the property under constructive seizure by
posting notice of pending forfeiture on it, by giving
notice of pending forfeiture to its owners and interest
holders, or by filing notice of pending forfeiture in any
appropriate public record relating to the property; or
(6) provide for another agency or custodian, including
an owner, secured party, or lienholder, to take custody of
the property upon the terms and conditions set by the
seizing agency.
(c) The seizing agency is required to exercise ordinary
care to protect the seized property from negligent loss,
damage, or destruction.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
100-1163, eff. 12-20-18.)

SB3642 - 2087 - LRB101 20589 WGH 70218 b
(725 ILCS 150/4) (from Ch. 56 1/2, par. 1674)
Sec. 4. Notice to owner or interest holder. The first
attempted service of notice shall be commenced within 28 days
of the filing of the verified claim or the receipt of the
notice from the seizing agency by Illinois State Police
Notice/Inventory of Seized Property (Form 4-64), whichever
occurs sooner. A complaint for forfeiture or a notice of
pending forfeiture shall be served upon the property owner or
interest holder in the following manner:
(1) If the owner's or interest holder's name and
current address are known, then by either:
(A) personal service; or
(B) mailing a copy of the notice by certified mail,
return receipt requested, and first class mail to that
address.
(i) If notice is sent by certified mail and no
signed return receipt is received by the State's
Attorney within 28 days of mailing, and no
communication from the owner or interest holder is
received by the State's Attorney documenting
actual notice by said parties, then the State's
Attorney shall, within a reasonable period of
time, mail a second copy of the notice by certified
mail, return receipt requested, and first class
mail to that address.
(ii) If no signed return receipt is received by

SB3642 - 2088 - LRB101 20589 WGH 70218 b
the State's Attorney within 28 days of the second
attempt at service by certified mail, and no
communication from the owner or interest holder is
received by the State's Attorney documenting
actual notice by said parties, then the State's
Attorney shall have 60 days to attempt to serve the
notice by personal service, which also includes
substitute service by leaving a copy at the usual
place of abode, with some person of the family or a
person residing there, of the age of 13 years or
upwards. If, after 3 attempts at service in this
manner, no service of the notice is accomplished,
then the notice shall be posted in a conspicuous
manner at this address and service shall be made by
posting.
The attempts at service and the posting, if
required, shall be documented by the person
attempting service and said documentation shall be
made part of a return of service returned to the
State's Attorney.
The State's Attorney may utilize any Sheriff
or Deputy Sheriff, any peace officer, a private
process server or investigator, or any employee,
agent, or investigator of the State's Attorney's
Office to attempt service without seeking leave of
court.

SB3642 - 2089 - LRB101 20589 WGH 70218 b
After the procedures set forth are followed,
service shall be effective on an owner or interest
holder on the date of receipt by the State's
Attorney of a return receipt, or on the date of
receipt of a communication from an owner or
interest holder documenting actual notice,
whichever is first in time, or on the date of the
last act performed by the State's Attorney in
attempting personal service under subparagraph
(ii) above. If notice is to be shown by actual
notice from communication with a claimant, then
the State's Attorney shall file an affidavit
providing details of the communication, which may
be accepted as sufficient proof of service by the
court.
After a claimant files a verified claim with
the State's Attorney and provides an address at
which the claimant will accept service, the
complaint shall be served and notice shall be
perfected upon mailing of the complaint to the
claimant at the address the claimant provided via
certified mail, return receipt requested, and
first class mail. No return receipt need be
received, or any other attempts at service need be
made to comply with service and notice
requirements under this Act. This certified

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mailing, return receipt requested, shall be proof
of service of the complaint on the claimant.
For purposes of notice under this Section, if a
person has been arrested for the conduct giving
rise to the forfeiture, then the address provided
to the arresting agency at the time of arrest shall
be deemed to be that person's known address.
Provided, however, if an owner or interest
holder's address changes prior to the effective
date of the notice of pending forfeiture, the owner
or interest holder shall promptly notify the
seizing agency of the change in address or, if the
owner or interest holder's address changes
subsequent to the effective date of the notice of
pending forfeiture, the owner or interest holder
shall promptly notify the State's Attorney of the
change in address; or if the property seized is a
conveyance, to the address reflected in the office
of the agency or official in which title to or
interest in the conveyance is required by law to be
recorded.
(2) If the owner's or interest holder's address is not
known, and is not on record, then notice shall be served by
publication for 3 successive weeks in a newspaper of
general circulation in the county in which the seizure
occurred.

SB3642 - 2091 - LRB101 20589 WGH 70218 b
(3) After a claimant files a verified claim with the
State's Attorney and provides an address at which the
claimant will accept service, the complaint shall be served
and notice shall be perfected upon mailing of the complaint
to the claimant at the address the claimant provided via
certified mail, return receipt requested, and first class
mail. No return receipt need be received or any other
attempts at service need be made to comply with service and
notice requirements under this Act. This certified
mailing, return receipt requested, shall be proof of
service of the complaint on the claimant.
(4) Notice to any business entity, corporation,
limited liability company, limited liability partnership,
or partnership shall be completed by a single mailing of a
copy of the notice by certified mail, return receipt
requested, and first class mail to that address. This
notice is complete regardless of the return of a signed
return receipt.
(5) Notice to a person whose address is not within the
State shall be completed by a single mailing of a copy of
the notice by certified mail, return receipt requested, and
first class mail to that address. This notice is complete
regardless of the return of a signed return receipt.
(6) Notice to a person whose address is not within the
United States shall be completed by a single mailing of a
copy of the notice by certified mail, return receipt

SB3642 - 2092 - LRB101 20589 WGH 70218 b
requested, and first class mail to that address. This
notice shall be complete regardless of the return of a
signed return receipt. If certified mail is not available
in the foreign country where the person has an address,
then notice shall proceed by publication under paragraph
(2) of this Section.
(7) Notice to any person whom the State's Attorney
reasonably should know is incarcerated within the State
shall also include the mailing a copy of the notice by
certified mail, return receipt requested, and first class
mail to the address of the detention facility with the
inmate's name clearly marked on the envelope.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
100-1163, eff. 12-20-18.)
(725 ILCS 150/5.1)
Sec. 5.1. Replevin prohibited; return of personal property
inside seized conveyance.
(a) Property seized under this Act shall not be subject to
replevin, but is deemed to be in the custody of the Director of
the Illinois State Police, subject only to the order and
judgments of the circuit court having jurisdiction over the
forfeiture proceedings and the decisions of the State's
Attorney.
(b) A claimant or a party interested in personal property
contained within a seized conveyance may file a request with

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the State's Attorney in an administrative forfeiture action, or
a motion with the court in a judicial forfeiture action, for
the return of any personal property contained within a
conveyance seized under this Act. The return of personal
property shall not be unreasonably withheld if the personal
property is not mechanically or electrically coupled to the
conveyance, needed for evidentiary purposes, or otherwise
contraband. A law enforcement agency that returns property
under a court order under this Section shall not be liable to
any person who claims ownership to the property if the property
is returned to an improper party.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(725 ILCS 150/6) (from Ch. 56 1/2, par. 1676)
Sec. 6. Non-judicial forfeiture. If non-real property that
exceeds $150,000 in value excluding the value of any
conveyance, or if real property is seized under the provisions
of the Illinois Controlled Substances Act, the Cannabis Control
Act, or the Methamphetamine Control and Community Protection
Act, the State's Attorney shall institute judicial in rem
forfeiture proceedings as described in Section 9 of this Act
within 28 days from receipt of notice of seizure from the
seizing agency under Section 5 of this Act. However, if
non-real property that does not exceed $150,000 in value
excluding the value of any conveyance is seized, the following
procedure shall be used:

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(A) If, after review of the facts surrounding the
seizure, the State's Attorney is of the opinion that the
seized property is subject to forfeiture, then, within 28
days of the receipt of notice of seizure from the seizing
agency, the State's Attorney shall cause notice of pending
forfeiture to be given to the owner of the property and all
known interest holders of the property in accordance with
Section 4 of this Act.
(B) The notice of pending forfeiture must include a
description of the property, the estimated value of the
property, the date and place of seizure, the conduct giving
rise to forfeiture or the violation of law alleged, and a
summary of procedures and procedural rights applicable to
the forfeiture action.
(C)(1) Any person claiming an interest in property
which is the subject of notice under subsection (A) of this
Section may, within 45 days after the effective date of
notice as described in Section 4 of this Act, file a
verified claim with the State's Attorney expressing his or
her interest in the property. The claim must set forth:
(i) the caption of the proceedings as set forth on
the notice of pending forfeiture and the name of the
claimant;
(ii) the address at which the claimant will accept
mail;
(iii) the nature and extent of the claimant's

SB3642 - 2095 - LRB101 20589 WGH 70218 b
interest in the property;
(iv) the date, identity of the transferor, and
circumstances of the claimant's acquisition of the
interest in the property;
(v) the names and addresses of all other persons
known to have an interest in the property;
(vi) the specific provision of law relied on in
asserting the property is not subject to forfeiture;
(vii) all essential facts supporting each
assertion; and
(viii) the relief sought.
(2) If a claimant files the claim then the State's
Attorney shall institute judicial in rem forfeiture
proceedings within 28 days after receipt of the claim.
(D) If no claim is filed within the 45-day period as
described in subsection (C) of this Section, the State's
Attorney shall declare the property forfeited and shall
promptly notify the owner and all known interest holders of
the property and the Director of the Illinois Department of
State Police of the declaration of forfeiture and the
Director shall dispose of the property in accordance with
law.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
100-1163, eff. 12-20-18.)
(725 ILCS 150/11) (from Ch. 56 1/2, par. 1681)

SB3642 - 2096 - LRB101 20589 WGH 70218 b
Sec. 11. Settlement of claims. Notwithstanding other
provisions of this Act, the State's Attorney and a claimant of
seized property may enter into an agreed-upon settlement
concerning the seized property in such an amount and upon such
terms as are set out in writing in a settlement agreement. All
proceeds from a settlement agreement shall be tendered to the
Illinois Department of State Police and distributed in
accordance with the provisions of Section 13.2 of this Act.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(725 ILCS 150/13.1) (was 725 ILCS 150/15)
Sec. 13.1. Return of property, damages, and costs.
(a) The law enforcement agency that holds custody of
property seized for forfeiture shall deliver property ordered
by the court to be returned or conveyed to the claimant within
a reasonable time not to exceed 7 days, unless the order is
stayed by the trial court or a reviewing court pending an
appeal, motion to reconsider, or other reason.
(b) The law enforcement agency that holds custody of
property described in subsection (a) of this Section is
responsible for any damages, storage fees, and related costs
applicable to property returned. The claimant shall not be
subject to any charges by the State for storage of the property
or expenses incurred in the preservation of the property.
Charges for the towing of a conveyance shall be borne by the
claimant unless the conveyance was towed for the sole reason of

SB3642 - 2097 - LRB101 20589 WGH 70218 b
seizure for forfeiture. This Section does not prohibit the
imposition of any fees or costs by a home rule unit of local
government related to the impoundment of a conveyance pursuant
to an ordinance enacted by the unit of government.
(c) A law enforcement agency shall not retain forfeited
property for its own use or transfer the property to any person
or entity, except as provided under this Section. A law
enforcement agency may apply in writing to the Director of the
Illinois State Police to request that forfeited property be
awarded to the agency for a specifically articulated official
law enforcement use in an investigation. The Director of the
Illinois State Police shall provide a written justification in
each instance detailing the reasons why the forfeited property
was placed into official use and the justification shall be
retained for a period of not less than 3 years.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
(725 ILCS 150/13.2) (was 725 ILCS 150/17)
Sec. 13.2. Distribution of proceeds; selling or retaining
seized property prohibited.
(a) Except as otherwise provided in this Section, the court
shall order that property forfeited under this Act be delivered
to the Illinois Department of State Police within 60 days.
(b) All moneys and the sale proceeds of all other property
forfeited and seized under this Act shall be distributed as
follows:

SB3642 - 2098 - LRB101 20589 WGH 70218 b
(1)(i) 65% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State law
enforcement agency or agencies that conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law upon which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances; for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or for security
cameras used for the prevention or detection of violence,
except that amounts distributed to the Secretary of State
shall be deposited into the Secretary of State Evidence
Fund to be used as provided in Section 2-115 of the
Illinois Vehicle Code.
(ii) Any local, municipal, or county law enforcement
agency entitled to receive a monetary distribution of
forfeiture proceeds may share those forfeiture proceeds
pursuant to the terms of an intergovernmental agreement
with a municipality that has a population in excess of
20,000 if:

SB3642 - 2099 - LRB101 20589 WGH 70218 b
(A) the receiving agency has entered into an
intergovernmental agreement with the municipality to
provide police services;
(B) the intergovernmental agreement for police
services provides for consideration in an amount of not
less than $1,000,000 per year;
(C) the seizure took place within the geographical
limits of the municipality; and
(D) the funds are used only for the enforcement of
laws governing cannabis and controlled substances; for
public education in the community or schools in the
prevention or detection of the abuse of drugs or
alcohol; or for security cameras used for the
prevention or detection of violence or the
establishment of a municipal police force, including
the training of officers, construction of a police
station, or the purchase of law enforcement equipment
or vehicles.
(2)(i) 12.5% shall be distributed to the Office of the
State's Attorney of the county in which the prosecution
resulting in the forfeiture was instituted, deposited in a
special fund in the county treasury and appropriated to the
State's Attorney for use in the enforcement of laws
governing cannabis and controlled substances; for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol; or, at the

SB3642 - 2100 - LRB101 20589 WGH 70218 b
discretion of the State's Attorney, in addition to other
authorized purposes, to make grants to local substance
abuse treatment facilities and half-way houses. In
counties over 3,000,000 population, 25% shall be
distributed to the Office of the State's Attorney for use
in the enforcement of laws governing cannabis and
controlled substances; for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol; or at the discretion of the
State's Attorney, in addition to other authorized
purposes, to make grants to local substance abuse treatment
facilities and half-way houses. If the prosecution is
undertaken solely by the Attorney General, the portion
provided shall be distributed to the Attorney General for
use in the enforcement of laws governing cannabis and
controlled substances or for public education in the
community or schools in the prevention or detection of the
abuse of drugs or alcohol.
(ii) 12.5% shall be distributed to the Office of the
State's Attorneys Appellate Prosecutor and deposited in
the Narcotics Profit Forfeiture Fund of that office to be
used for additional expenses incurred in the
investigation, prosecution and appeal of cases arising
under laws governing cannabis and controlled substances,
together with administrative expenses, and for legal
education or for public education in the community or

SB3642 - 2101 - LRB101 20589 WGH 70218 b
schools in the prevention or detection of the abuse of
drugs or alcohol. The Office of the State's Attorneys
Appellate Prosecutor shall not receive distribution from
cases brought in counties with over 3,000,000 population.
(3) 10% shall be retained by the Illinois Department of
State Police for expenses related to the administration and
sale of seized and forfeited property.
(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
101-10, eff. 6-5-19.)
Section 1030. The Narcotics Profit Forfeiture Act is
amended by changing Sections 5 and 5.2 as follows:
(725 ILCS 175/5) (from Ch. 56 1/2, par. 1655)
Sec. 5. (a) A person who commits the offense of narcotics
racketeering shall:
(1) be guilty of a Class 1 felony; and
(2) be subject to a fine of up to $250,000.
A person who commits the offense of narcotics racketeering
or who violates Section 3 of the Drug Paraphernalia Control Act
shall forfeit to the State of Illinois: (A) any profits or
proceeds and any property or property interest he has acquired
or maintained in violation of this Act or Section 3 of the Drug
Paraphernalia Control Act or has used to facilitate a violation
of this Act that the court determines, after a forfeiture
hearing, under subsection (b) of this Section to have been

SB3642 - 2102 - LRB101 20589 WGH 70218 b
acquired or maintained as a result of narcotics racketeering or
violating Section 3 of the Drug Paraphernalia Control Act, or
used to facilitate narcotics racketeering; and (B) any interest
in, security of, claim against, or property or contractual
right of any kind affording a source of influence over, any
enterprise which he has established, operated, controlled,
conducted, or participated in the conduct of, in violation of
this Act or Section 3 of the Drug Paraphernalia Control Act,
that the court determines, after a forfeiture hearing, under
subsection (b) of this Section to have been acquired or
maintained as a result of narcotics racketeering or violating
Section 3 of the Drug Paraphernalia Control Act or used to
facilitate narcotics racketeering.
(b) The court shall, upon petition by the Attorney General
or State's Attorney, at any time subsequent to the filing of an
information or return of an indictment, conduct a hearing to
determine whether any property or property interest is subject
to forfeiture under this Act. At the forfeiture hearing the
people shall have the burden of establishing, by a
preponderance of the evidence, that property or property
interests are subject to forfeiture under this Act. There is a
rebuttable presumption at such hearing that any property or
property interest of a person charged by information or
indictment with narcotics racketeering or who is convicted of a
violation of Section 3 of the Drug Paraphernalia Control Act is
subject to forfeiture under this Section if the State

SB3642 - 2103 - LRB101 20589 WGH 70218 b
establishes by a preponderance of the evidence that:
(1) such property or property interest was acquired by
such person during the period of the violation of this Act
or Section 3 of the Drug Paraphernalia Control Act or
within a reasonable time after such period; and
(2) there was no likely source for such property or
property interest other than the violation of this Act or
Section 3 of the Drug Paraphernalia Control Act.
(c) In an action brought by the People of the State of
Illinois under this Act, wherein any restraining order,
injunction or prohibition or any other action in connection
with any property or property interest subject to forfeiture
under this Act is sought, the circuit court which shall preside
over the trial of the person or persons charged with narcotics
racketeering as defined in Section 4 of this Act or violating
Section 3 of the Drug Paraphernalia Control Act shall first
determine whether there is probable cause to believe that the
person or persons so charged has committed the offense of
narcotics racketeering as defined in Section 4 of this Act or a
violation of Section 3 of the Drug Paraphernalia Control Act
and whether the property or property interest is subject to
forfeiture pursuant to this Act.
In order to make such a determination, prior to entering
any such order, the court shall conduct a hearing without a
jury, wherein the People shall establish that there is: (i)
probable cause that the person or persons so charged have

SB3642 - 2104 - LRB101 20589 WGH 70218 b
committed the offense of narcotics racketeering or violating
Section 3 of the Drug Paraphernalia Control Act and (ii)
probable cause that any property or property interest may be
subject to forfeiture pursuant to this Act. Such hearing may be
conducted simultaneously with a preliminary hearing, if the
prosecution is commenced by information or complaint, or by
motion of the People, at any stage in the proceedings. The
court may accept a finding of probable cause at a preliminary
hearing following the filing of an information charging the
offense of narcotics racketeering as defined in Section 4 of
this Act or the return of an indictment by a grand jury
charging the offense of narcotics racketeering as defined in
Section 4 of this Act or after a charge is filed for violating
Section 3 of the Drug Paraphernalia Control Act as sufficient
evidence of probable cause as provided in item (i) above.
Upon such a finding, the circuit court shall enter such
restraining order, injunction or prohibition, or shall take
such other action in connection with any such property or
property interest subject to forfeiture under this Act, as is
necessary to insure that such property is not removed from the
jurisdiction of the court, concealed, destroyed or otherwise
disposed of by the owner of that property or property interest
prior to a forfeiture hearing under subsection (b) of this
Section. The Attorney General or State's Attorney shall file a
certified copy of such restraining order, injunction or other
prohibition with the recorder of deeds or registrar of titles

SB3642 - 2105 - LRB101 20589 WGH 70218 b
of each county where any such property of the defendant may be
located. No such injunction, restraining order or other
prohibition shall affect the rights of any bona fide purchaser,
mortgagee, judgment creditor or other lien holder arising prior
to the date of such filing.
The court may, at any time, upon verified petition by the
defendant, conduct a hearing to release all or portions of any
such property or interest which the court previously determined
to be subject to forfeiture or subject to any restraining
order, injunction, or prohibition or other action. The court
may release such property to the defendant for good cause shown
and within the sound discretion of the court.
(d) Prosecution under this Act may be commenced by the
Attorney General or a State's Attorney.
(e) Upon an order of forfeiture being entered pursuant to
subsection (b) of this Section, the court shall authorize the
Attorney General to seize any property or property interest
declared forfeited under this Act and under such terms and
conditions as the court shall deem proper. Any property or
property interest that has been the subject of an entered
restraining order, injunction or prohibition or any other
action filed under subsection (c) shall be forfeited unless the
claimant can show by a preponderance of the evidence that the
property or property interest has not been acquired or
maintained as a result of narcotics racketeering or has not
been used to facilitate narcotics racketeering.

SB3642 - 2106 - LRB101 20589 WGH 70218 b
(f) The Attorney General or his designee is authorized to
sell all property forfeited and seized pursuant to this Act,
unless such property is required by law to be destroyed or is
harmful to the public, and, after the deduction of all
requisite expenses of administration and sale, shall
distribute the proceeds of such sale, along with any moneys
forfeited or seized, in accordance with subsection (g) or (h),
whichever is applicable.
(g) All monies and the sale proceeds of all other property
forfeited and seized pursuant to this Act shall be distributed
as follows:
(1) An amount equal to 50% shall be distributed to the
unit of local government whose officers or employees
conducted the investigation into narcotics racketeering
and caused the arrest or arrests and prosecution leading to
the forfeiture. Amounts distributed to units of local
government shall be used for enforcement of laws governing
narcotics activity or for public education in the community
or schools in the prevention or detection of the abuse of
drugs or alcohol. In the event, however, that the
investigation, arrest or arrests and prosecution leading
to the forfeiture were undertaken solely by a State agency,
the portion provided hereunder shall be paid into the Drug
Traffic Prevention Fund in the State treasury to be used
for enforcement of laws governing narcotics activity.
(2) An amount equal to 12.5% shall be distributed to

SB3642 - 2107 - LRB101 20589 WGH 70218 b
the county in which the prosecution resulting in the
forfeiture was instituted, deposited in a special fund in
the county treasury and appropriated to the State's
Attorney for use in the enforcement of laws governing
narcotics activity or for public education in the community
or schools in the prevention or detection of the abuse of
drugs or alcohol.
An amount equal to 12.5% shall be distributed to the
Office of the State's Attorneys Appellate Prosecutor and
deposited in the Narcotics Profit Forfeiture Fund, which is
hereby created in the State treasury, to be used by the
Office of the State's Attorneys Appellate Prosecutor for
additional expenses incurred in prosecuting appeals
arising under this Act. Any amounts remaining in the Fund
after all additional expenses have been paid shall be used
by the Office to reduce the participating county
contributions to the Office on a pro-rated basis as
determined by the board of governors of the Office of the
State's Attorneys Appellate Prosecutor based on the
populations of the participating counties.
(3) An amount equal to 25% shall be paid into the Drug
Traffic Prevention Fund in the State treasury to be used by
the Illinois Department of State Police for funding
Metropolitan Enforcement Groups created pursuant to the
Intergovernmental Drug Laws Enforcement Act. Any amounts
remaining in the Fund after full funding of Metropolitan

SB3642 - 2108 - LRB101 20589 WGH 70218 b
Enforcement Groups shall be used for enforcement, by the
State or any unit of local government, of laws governing
narcotics activity or for public education in the community
or schools in the prevention or detection of the abuse of
drugs or alcohol.
(h) Where the investigation or indictment for the offense
of narcotics racketeering or a violation of Section 3 of the
Drug Paraphernalia Control Act has occurred under the
provisions of the Statewide Grand Jury Act, all monies and the
sale proceeds of all other property shall be distributed as
follows:
(1) 60% shall be distributed to the metropolitan
enforcement group, local, municipal, county, or State law
enforcement agency or agencies which conducted or
participated in the investigation resulting in the
forfeiture. The distribution shall bear a reasonable
relationship to the degree of direct participation of the
law enforcement agency in the effort resulting in the
forfeiture, taking into account the total value of the
property forfeited and the total law enforcement effort
with respect to the violation of the law on which the
forfeiture is based. Amounts distributed to the agency or
agencies shall be used for the enforcement of laws
governing cannabis and controlled substances or for public
education in the community or schools in the prevention or
detection of the abuse of drugs or alcohol.

SB3642 - 2109 - LRB101 20589 WGH 70218 b
(2) 25% shall be distributed by the Attorney General as
grants to drug education, treatment and prevention
programs licensed or approved by the Department of Human
Services. In making these grants, the Attorney General
shall take into account the plans and service priorities
of, and the needs identified by, the Department of Human
Services.
(3) 15% shall be distributed to the Attorney General
and the State's Attorney, if any, participating in the
prosecution resulting in the forfeiture. The distribution
shall bear a reasonable relationship to the degree of
direct participation in the prosecution of the offense,
taking into account the total value of the property
forfeited and the total amount of time spent in preparing
and presenting the case, the complexity of the case and
other similar factors. Amounts distributed to the Attorney
General under this paragraph shall be retained in a fund
held by the State Treasurer as ex-officio custodian to be
designated as the Statewide Grand Jury Prosecution Fund and
paid out upon the direction of the Attorney General for
expenses incurred in criminal prosecutions arising under
the Statewide Grand Jury Act. Amounts distributed to a
State's Attorney shall be deposited in a special fund in
the county treasury and appropriated to the State's
Attorney for use in the enforcement of laws governing
narcotics activity or for public education in the community

SB3642 - 2110 - LRB101 20589 WGH 70218 b
or schools in the prevention or detection of the abuse of
drugs or alcohol.
(i) All monies deposited pursuant to this Act in the Drug
Traffic Prevention Fund established under Section 5-9-1.2 of
the Unified Code of Corrections are appropriated, on a
continuing basis, to the Illinois Department of State Police to
be used for funding Metropolitan Enforcement Groups created
pursuant to the Intergovernmental Drug Laws Enforcement Act or
otherwise for the enforcement of laws governing narcotics
activity or for public education in the community or schools in
the prevention or detection of the abuse of drugs or alcohol.
(Source: P.A. 99-686, eff. 7-29-16.)
(725 ILCS 175/5.2) (from Ch. 56 1/2, par. 1655.2)
Sec. 5.2. (a) Twelve and one-half percent of all amounts
collected as fines pursuant to the provisions of this Act shall
be paid into the Youth Drug Abuse Prevention Fund, which is
hereby created in the State treasury, to be used by the
Department of Human Services for the funding of programs and
services for drug-abuse treatment, and prevention and
education services, for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of
all fines received under the provisions of this Act shall be
transmitted to and deposited in the treasurer's office at the
level of government as follows:
(1) If such seizure was made by a combination of law

SB3642 - 2111 - LRB101 20589 WGH 70218 b
enforcement personnel representing differing units of
local government, the court levying the fine shall
equitably allocate 50% of the fine among these units of
local government and shall allocate 37 1/2% to the county
general corporate fund. In the event that the seizure was
made by law enforcement personnel representing a unit of
local government from a municipality where the number of
inhabitants exceeds 2 million in population, the court
levying the fine shall allocate 87 1/2% of the fine to that
unit of local government. If the seizure was made by a
combination of law enforcement personnel representing
differing units of local government, and at least one of
those units represents a municipality where the number of
inhabitants exceeds 2 million in population, the court
shall equitably allocate 87 1/2% of the proceeds of the
fines received among the differing units of local
government.
(2) If such seizure was made by State law enforcement
personnel, then the court shall allocate 37 1/2% to the
State treasury and 50% to the county general corporate
fund.
(3) If a State law enforcement agency in combination
with a law enforcement agency or agencies of a unit or
units of local government conducted the seizure, the court
shall equitably allocate 37 1/2% of the fines to or among
the law enforcement agency or agencies of the unit or units

SB3642 - 2112 - LRB101 20589 WGH 70218 b
of local government which conducted the seizure and shall
allocate 50% to the county general corporate fund.
(c) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating controlled substances and
cannabis. The proceeds of fines awarded to the State treasury
shall be deposited in a special fund known as the Drug Traffic
Prevention Fund. Monies from this fund may be used by the
Illinois Department of State Police for use in the enforcement
of laws regulating controlled substances and cannabis; to
satisfy funding provisions of the Intergovernmental Drug Laws
Enforcement Act; to defray costs and expenses associated with
returning violators of the Cannabis Control Act and the
Illinois Controlled Substances Act only, as provided in those
Acts, when punishment of the crime shall be confinement of the
criminal in the penitentiary; and all other monies shall be
paid into the general revenue fund in the State treasury.
(Source: P.A. 89-507, eff. 7-1-97.)
Section 1035. The Sexual Assault Evidence Submission Act is
amended by changing Sections 5, 10, 15, 20, 25, 35, 42, 45, and
50 as follows:
(725 ILCS 202/5)

SB3642 - 2113 - LRB101 20589 WGH 70218 b
Sec. 5. Definitions. In this Act:
"Commission" means the Sexual Assault Evidence Tracking
and Reporting Commission.
"Department" means the Department of State Police or
Illinois State Police.
"Law enforcement agencies" means local, county, State or
federal law enforcement agencies involved in the investigation
of sexual assault cases in Illinois.
"Sexual assault evidence" means evidence collected in
connection with a sexual assault investigation, including, but
not limited to, evidence collected using the Illinois State
Police Evidence Collection Kits.
(Source: P.A. 100-336, eff. 8-25-17.)
(725 ILCS 202/10)
Sec. 10. Submission of evidence. Law enforcement agencies
that receive sexual assault evidence that the victim of a
sexual assault or sexual abuse or a person authorized under
Section 6.5 of the Sexual Assault Survivors Emergency Treatment
Act has consented to allow law enforcement to test in
connection with the investigation of a criminal case on or
after the effective date of this Act must submit evidence from
the case within 10 business days of receipt of the consent to
test to an Illinois a Department of State Police forensic
laboratory or a laboratory approved and designated by the
Director of the Illinois State Police. The written report

SB3642 - 2114 - LRB101 20589 WGH 70218 b
required under Section 20 of the Sexual Assault Incident
Procedure Act shall include the date and time the sexual
assault evidence was picked up from the hospital, the date
consent to test the sexual assault evidence was given, and the
date and time the sexual assault evidence was sent to the
laboratory. Sexual assault evidence received by a law
enforcement agency within 30 days prior to the effective date
of this Act shall be submitted pursuant to this Section.
(Source: P.A. 99-801, eff. 1-1-17.)
(725 ILCS 202/15)
Sec. 15. Analysis of evidence; notification.
(a) All sexual assault evidence submitted pursuant to
Section 10 of this Act on or after the effective date of this
Act shall be analyzed within 6 months after receipt of all
necessary evidence and standards by the Illinois State Police
Laboratory or other designated laboratory if sufficient
staffing and resources are available.
(b) If a consistent DNA profile has been identified by
comparing the submitted sexual assault evidence with a known
standard from a suspect or with DNA profiles in the CODIS
database, the Illinois State Police Department shall notify the
investigating law enforcement agency of the results in writing,
and the Illinois State Police Department shall provide an
automatic courtesy copy of the written notification to the
appropriate State's Attorney's Office for tracking and further

SB3642 - 2115 - LRB101 20589 WGH 70218 b
action, as necessary.
(Source: P.A. 99-617, eff. 7-22-16.)
(725 ILCS 202/20)
Sec. 20. Inventory of evidence.
(a) By October 15, 2010, each Illinois law enforcement
agency shall provide written notice to the Illinois Department
of State Police, in a form and manner prescribed by the
Illinois State Police Department, stating the number of sexual
assault cases in the custody of the law enforcement agency that
have not been previously submitted to a laboratory for
analysis. Within 180 days after the effective date of this Act,
appropriate arrangements shall be made between the law
enforcement agency and the Illinois Department of State Police,
or a laboratory approved and designated by the Director of the
Illinois State Police, to ensure that all cases that were
collected prior to the effective date of this Act and are, or
were at the time of collection, the subject of a criminal
investigation, are submitted to the Illinois Department of
State Police, or a laboratory approved and designated by the
Director of the Illinois State Police.
(b) By February 15, 2011, the Illinois Department of State
Police shall submit to the Governor, the Attorney General, and
both houses of the General Assembly a plan for analyzing cases
submitted pursuant to this Section. The plan shall include but
not be limited to a timeline for completion of analysis and a

SB3642 - 2116 - LRB101 20589 WGH 70218 b
summary of the inventory received, as well as requests for
funding and resources necessary to meet the established
timeline. Should the Illinois State Police Department
determine it is necessary to outsource the forensic testing of
the cases submitted in accordance with this Section, all such
cases will be exempt from the provisions of subsection (n) of
Section 5-4-3 of the Unified Code of Corrections.
(c) Beginning June 1, 2016 or on and after the effective
date of this amendatory Act of the 99th General Assembly,
whichever is later, each law enforcement agency must conduct an
annual inventory of all sexual assault cases in the custody of
the law enforcement agency and provide written notice of its
annual findings to the State's Attorney's Office having
jurisdiction to ensure sexual assault cases are being submitted
as provided by law.
(Source: P.A. 99-617, eff. 7-22-16.)
(725 ILCS 202/25)
Sec. 25. Failure of a law enforcement agency to submit the
sexual assault evidence. The failure of a law enforcement
agency to submit the sexual assault evidence collected on or
after the effective date of this Act within 10 business days
after receipt shall in no way alter the authority of the law
enforcement agency to submit the evidence or the authority of
the Illinois Department of State Police forensic laboratory or
designated laboratory to accept and analyze the evidence or

SB3642 - 2117 - LRB101 20589 WGH 70218 b
specimen or to maintain or upload the results of genetic marker
grouping analysis information into a local, State, or national
database in accordance with established protocol.
(Source: P.A. 96-1011, eff. 9-1-10.)
(725 ILCS 202/35)
Sec. 35. Expungement. If the Illinois State Police
Department receives written confirmation from the
investigating law enforcement agency or State's Attorney's
office that a DNA record that has been uploaded pursuant to
this Act into a local, State or national DNA database was not
connected to a criminal investigation, the DNA record shall be
expunged from the DNA database and the Illinois State Police
Department shall, by rule, prescribe procedures to ensure that
written confirmation is sent to the submitting law enforcement
agency verifying the expungement.
(Source: P.A. 96-1011, eff. 9-1-10.)
(725 ILCS 202/42)
Sec. 42. Reporting. Beginning January 1, 2017 and each year
thereafter, the Illinois State Police Department shall publish
a quarterly report on its website, indicating a breakdown of
the number of sexual assault case submissions from every law
enforcement agency.
(Source: P.A. 99-617, eff. 7-22-16.)

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(725 ILCS 202/45)
Sec. 45. Rules. The Illinois Department of State Police
shall promulgate rules that prescribe the procedures for the
operation of this Act, including expunging a DNA record.
(Source: P.A. 96-1011, eff. 9-1-10.)
(725 ILCS 202/50)
Sec. 50. Sexual assault evidence tracking system.
(a) On June 26, 2018, the Sexual Assault Evidence Tracking
and Reporting Commission issued its report as required under
Section 43. It is the intention of the General Assembly in
enacting the provisions of this amendatory Act of the 101st
General Assembly to implement the recommendations of the Sexual
Assault Evidence Tracking and Reporting Commission set forth in
that report in a manner that utilizes the current resources of
law enforcement agencies whenever possible and that is
adaptable to changing technologies and circumstances.
(a-1) Due to the complex nature of a statewide tracking
system for sexual assault evidence and to ensure all
stakeholders, including, but not limited to, victims and their
designees, health care facilities, law enforcement agencies,
forensic labs, and State's Attorneys offices are integrated,
the Commission recommended the purchase of an electronic
off-the-shelf tracking system. The system must be able to
communicate with all stakeholders and provide real-time
information to a victim or his or her designee on the status of

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the evidence that was collected. The sexual assault evidence
tracking system must:
(1) be electronic and web-based;
(2) be administered by the Illinois Department of State
Police;
(3) have help desk availability at all times;
(4) ensure the law enforcement agency contact
information is accessible to the victim or his or her
designee through the tracking system, so there is contact
information for questions;
(5) have the option for external connectivity to
evidence management systems, laboratory information
management systems, or other electronic data systems
already in existence by any of the stakeholders to minimize
additional burdens or tasks on stakeholders;
(6) allow for the victim to opt in for automatic
notifications when status updates are entered in the
system, if the system allows;
(7) include at each step in the process, a brief
explanation of the general purpose of that step and a
general indication of how long the step may take to
complete;
(8) contain minimum fields for tracking and reporting,
as follows:
(A) for sexual assault evidence kit vendor fields:
(i) each sexual evidence kit identification

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number provided to each health care facility; and
(ii) the date the sexual evidence kit was sent
to the health care facility.
(B) for health care facility fields:
(i) the date sexual assault evidence was
collected; and
(ii) the date notification was made to the law
enforcement agency that the sexual assault
evidence was collected.
(C) for law enforcement agency fields:
(i) the date the law enforcement agency took
possession of the sexual assault evidence from the
health care facility, another law enforcement
agency, or victim if he or she did not go through a
health care facility;
(ii) the law enforcement agency complaint
number;
(iii) if the law enforcement agency that takes
possession of the sexual assault evidence from a
health care facility is not the law enforcement
agency with jurisdiction in which the offense
occurred, the date when the law enforcement agency
notified the law enforcement agency having
jurisdiction that the agency has sexual assault
evidence required under subsection (c) of Section
20 of the Sexual Assault Incident Procedure Act;

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(iv) an indication if the victim consented for
analysis of the sexual assault evidence;
(v) if the victim did not consent for analysis
of the sexual assault evidence, the date on which
the law enforcement agency is no longer required to
store the sexual assault evidence;
(vi) a mechanism for the law enforcement
agency to document why the sexual assault evidence
was not submitted to the laboratory for analysis,
if applicable;
(vii) the date the law enforcement agency
received the sexual assault evidence results back
from the laboratory;
(viii) the date statutory notifications were
made to the victim or documentation of why
notification was not made; and
(ix) the date the law enforcement agency
turned over the case information to the State's
Attorney office, if applicable.
(D) for forensic lab fields:
(i) the date the sexual assault evidence is
received from the law enforcement agency by the
forensic lab for analysis;
(ii) the laboratory case number, visible to
the law enforcement agency and State's Attorney
office; and

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(iii) the date the laboratory completes the
analysis of the sexual assault evidence.
(E) for State's Attorney office fields:
(i) the date the State's Attorney office
received the sexual assault evidence results from
the laboratory, if applicable; and
(ii) the disposition or status of the case.
(a-2) The Commission also developed guidelines for secure
electronic access to a tracking system for a victim, or his or
her designee to access information on the status of the
evidence collected. The Commission recommended minimum
guidelines in order to safeguard confidentiality of the
information contained within this statewide tracking system.
These recommendations are that the sexual assault evidence
tracking system must:
(1) allow for secure access, controlled by an
administering body who can restrict user access and allow
different permissions based on the need of that particular
user and health care facility users may include
out-of-state border hospitals, if authorized by the
Illinois Department of State Police to obtain this State's
kits from vendor;
(2) provide for users, other than victims, the ability
to provide for any individual who is granted access to the
program their own unique user ID and password;
(3) provide for a mechanism for a victim to enter the

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system and only access his or her own information;
(4) enable a sexual assault evidence to be tracked and
identified through the unique sexual assault evidence kit
identification number or barcode that the vendor applies to
each sexual assault evidence kit per the Illinois
Department of State Police's contract;
(5) have a mechanism to inventory unused kits provided
to a health care facility from the vendor;
(6) provide users the option to either scan the bar
code or manually enter the sexual assault evidence kit
number into the tracking program;
(7) provide a mechanism to create a separate unique
identification number for cases in which a sexual evidence
kit was not collected, but other evidence was collected;
(8) provide the ability to record date, time, and user
ID whenever any user accesses the system;
(9) provide for real-time entry and update of data;
(10) contain report functions including:
(A) health care facility compliance with
applicable laws;
(B) law enforcement agency compliance with
applicable laws;
(C) law enforcement agency annual inventory of
cases to each State's Attorney office; and
(D) forensic lab compliance with applicable laws;
and

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(11) provide automatic notifications to the law
enforcement agency when:
(A) a health care facility has collected sexual
assault evidence;
(B) unreleased sexual assault evidence that is
being stored by the law enforcement agency has met the
minimum storage requirement by law; and
(C) timelines as required by law are not met for a
particular case, if not otherwise documented.
(b) The Illinois State Police Department shall develop
rules to implement a sexual assault evidence tracking system
that conforms with subsections (a-1) and (a-2) of this Section.
The Illinois State Police Department shall design the criteria
for the sexual assault evidence tracking system so that, to the
extent reasonably possible, the system can use existing
technologies and products, including, but not limited to,
currently available tracking systems. The sexual assault
evidence tracking system shall be operational and shall begin
tracking and reporting sexual assault evidence no later than
one year after the effective date of this amendatory Act of the
101st General Assembly. The Illinois State Police Department
may adopt additional rules as it deems necessary to ensure that
the sexual assault evidence tracking system continues to be a
useful tool for law enforcement.
(c) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital approved

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by the Department of Public Health to receive transfers of
Illinois sexual assault survivors, or an approved pediatric
health care facility defined in Section 1a of the Sexual
Assault Survivors Emergency Treatment Act shall participate in
the sexual assault evidence tracking system created under this
Section and in accordance with rules adopted under subsection
(b), including, but not limited to, the collection of sexual
assault evidence and providing information regarding that
evidence, including, but not limited to, providing notice to
law enforcement that the evidence has been collected.
(d) The operations of the sexual assault evidence tracking
system shall be funded by moneys appropriated for that purpose
from the State Crime Laboratory Fund and funds provided to the
Illinois State Police Department through asset forfeiture,
together with such other funds as the General Assembly may
appropriate.
(e) To ensure that the sexual assault evidence tracking
system is operational, the Illinois State Police Department may
adopt emergency rules to implement the provisions of this
Section under subsection (ff) of Section 5-45 of the Illinois
Administrative Procedure Act.
(f) Information, including, but not limited to, evidence
and records in the sexual assault evidence tracking system is
exempt from disclosure under the Freedom of Information Act.
(Source: P.A. 101-377, eff. 8-16-19.)

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Section 1045. The Sexual Assault Incident Procedure Act is
amended by changing Sections 15, 20, and 35 as follows:
(725 ILCS 203/15)
Sec. 15. Sexual assault incident policies.
(a) On or before January 1, 2018, every law enforcement
agency shall develop, adopt, and implement written policies
regarding procedures for incidents of sexual assault or sexual
abuse consistent with the guidelines developed under
subsection (b) of this Section. In developing these policies,
each law enforcement agency is encouraged to consult with other
law enforcement agencies, sexual assault advocates, and sexual
assault nurse examiners with expertise in recognizing and
handling sexual assault and sexual abuse incidents. These
policies must include mandatory sexual assault and sexual abuse
response training as required in Section 10.21 of the Illinois
Police Training Act and Sections 2605-51 and 2605-53 and
2605-98 of the Illinois Department of State Police Law of the
Civil Administrative Code of Illinois.
(a-5) On or before January 1, 2021, every law enforcement
agency shall revise and implement its written policies
regarding procedures for incidents of sexual assault or sexual
abuse consistent with the guideline revisions developed under
subsection (b-5) of this Section.
(b) On or before July 1, 2017, the Office of the Attorney
General, in consultation with the Illinois Law Enforcement

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Training Standards Board and the Illinois Department of State
Police, shall develop and make available to each law
enforcement agency, comprehensive guidelines for creation of a
law enforcement agency policy on evidence-based,
trauma-informed, victim-centered sexual assault and sexual
abuse response and investigation.
These guidelines shall include, but not be limited to the
following:
(1) dispatcher or call taker response;
(2) responding officer duties;
(3) duties of officers investigating sexual assaults
and sexual abuse;
(4) supervisor duties;
(5) report writing;
(6) reporting methods;
(7) victim interviews;
(8) evidence collection;
(9) sexual assault medical forensic examinations;
(10) suspect interviews;
(11) suspect forensic exams;
(12) witness interviews;
(13) sexual assault response and resource teams, if
applicable;
(14) working with victim advocates;
(15) working with prosecutors;
(16) victims' rights;

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(17) victim notification; and
(18) consideration for specific populations or
communities.
(b-5) On or before January 1, 2020, the Office of the
Attorney General, in consultation with the Illinois Law
Enforcement Training Standards Board and the Illinois
Department of State Police, shall revise the comprehensive
guidelines developed under subsection (b) to include
responding to victims who are under 13 years of age at the time
the sexual assault or sexual abuse occurred.
(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17;
100-910, eff. 1-1-19.)
(725 ILCS 203/20)
Sec. 20. Reports by law enforcement officers.
(a) A law enforcement officer shall complete a written
police report upon receiving the following, regardless of where
the incident occurred:
(1) an allegation by a person that the person has been
sexually assaulted or sexually abused regardless of
jurisdiction;
(2) information from hospital or medical personnel
provided under Section 3.2 of the Criminal Identification
Act; or
(3) information from a witness who personally observed
what appeared to be a sexual assault or sexual abuse or

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attempted sexual assault or sexual abuse.
(b) The written report shall include the following, if
known:
(1) the victim's name or other identifier;
(2) the victim's contact information;
(3) time, date, and location of offense;
(4) information provided by the victim;
(5) the suspect's description and name, if known;
(6) names of persons with information relevant to the
time before, during, or after the sexual assault or sexual
abuse, and their contact information;
(7) names of medical professionals who provided a
medical forensic examination of the victim and any
information they provided about the sexual assault or
sexual abuse;
(8) whether an Illinois State Police Sexual Assault
Evidence Collection Kit was completed, the name and contact
information for the hospital, and whether the victim
consented to testing of the Evidence Collection Kit by law
enforcement;
(9) whether a urine or blood sample was collected and
whether the victim consented to testing of a toxicology
screen by law enforcement;
(10) information the victim related to medical
professionals during a medical forensic examination which
the victim consented to disclosure to law enforcement; and

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(11) other relevant information.
(c) If the sexual assault or sexual abuse occurred in
another jurisdiction, the law enforcement officer taking the
report must submit the report to the law enforcement agency
having jurisdiction in person or via fax or email within 24
hours of receiving information about the sexual assault or
sexual abuse.
(d) Within 24 hours of receiving a report from a law
enforcement agency in another jurisdiction in accordance with
subsection (c), the law enforcement agency having jurisdiction
shall submit a written confirmation to the law enforcement
agency that wrote the report. The written confirmation shall
contain the name and identifier of the person and confirming
receipt of the report and a name and contact phone number that
will be given to the victim. The written confirmation shall be
delivered in person or via fax or email.
(e) No law enforcement officer shall require a victim of
sexual assault or sexual abuse to submit to an interview.
(f) No law enforcement agency may refuse to complete a
written report as required by this Section on any ground.
(g) All law enforcement agencies shall ensure that all
officers responding to or investigating a complaint of sexual
assault or sexual abuse have successfully completed training
under Section 10.21 of the Illinois Police Training Act and
Section 2605-51 2605-98 of the Illinois Department of State
Police Law of the Civil Administrative Code of Illinois.

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(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
(725 ILCS 203/35)
Sec. 35. Release of information.
(a) Upon the request of the victim who has consented to the
release of sexual assault evidence for testing, the law
enforcement agency having jurisdiction shall provide the
following information in writing:
(1) the date the sexual assault evidence was sent to an
Illinois a Department of State Police forensic laboratory
or designated laboratory;
(2) test results provided to the law enforcement agency
by an Illinois a Department of State Police forensic
laboratory or designated laboratory, including, but not
limited to:
(A) whether a DNA profile was obtained from the
testing of the sexual assault evidence from the
victim's case;
(B) whether the DNA profile developed from the
sexual assault evidence has been searched against the
DNA Index System or any state or federal DNA database;
(C) whether an association was made to an
individual whose DNA profile is consistent with the
sexual assault evidence DNA profile, provided that
disclosure would not impede or compromise an ongoing
investigation; and

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(D) whether any drugs were detected in a urine or
blood sample analyzed for drug facilitated sexual
assault and information about any drugs detected.
(b) The information listed in paragraph (1) of subsection
(a) of this Section shall be provided to the victim within 7
days of the transfer of the evidence to the laboratory. The
information listed in paragraph (2) of subsection (a) of this
Section shall be provided to the victim within 7 days of the
receipt of the information by the law enforcement agency having
jurisdiction.
(c) At the time the sexual assault evidence is released for
testing, the victim shall be provided written information by
the law enforcement agency having jurisdiction or the hospital
providing emergency services and forensic services to the
victim informing him or her of the right to request information
under subsection (a) of this Section. A victim may designate
another person or agency to receive this information.
(d) The victim or the victim's designee shall keep the law
enforcement agency having jurisdiction informed of the name,
address, telephone number, and email address of the person to
whom the information should be provided, and any changes of the
name, address, telephone number, and email address, if an email
address is available.
(Source: P.A. 99-801, eff. 1-1-17.)
Section 1050. The Sexually Violent Persons Commitment Act

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is amended by changing Section 45 as follows:
(725 ILCS 207/45)
Sec. 45. Deoxyribonucleic acid analysis requirements.
(a)(1) If a person is found to be a sexually violent person
under this Act, the court shall require the person to provide a
biological specimen for deoxyribonucleic acid analysis in
accordance with Section 5-4-3 of the Unified Code of
Corrections.
(2) The results from deoxyribonucleic acid analysis of a
specimen under paragraph (a)(1) of this Section may be used
only as authorized by Section 5-4-3 of the Unified Code of
Corrections.
(b) The rules adopted by the Illinois Department of State
Police under Section 5-4-3 of the Unified Code of Corrections
are the procedures that must be followed for persons to provide
specimens under paragraph (a)(1) of this Section.
(Source: P.A. 90-40, eff. 1-1-98; 91-227, eff. 1-1-00.)
Section 1055. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-2.7-25, 3-3-2, 3-14-1, 3-14-1.5,
3-17-5, 5-2-4, 5-4-3, 5-4-3a, 5-4-3b, 5-5-4, 5-5.5-40, 5-6-3,
5-9-1.2, 5-9-1.4, and 5-9-1.9 as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties of the Department.

SB3642 - 2134 - LRB101 20589 WGH 70218 b
(1) In addition to the powers, duties, and responsibilities
which are otherwise provided by law, the Department shall have
the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment and
rehabilitation, and to accept federal prisoners and aliens
over whom the Office of the Federal Detention Trustee is
authorized to exercise the federal detention function for
limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services), the
Department of Corrections shall develop a master plan for
the screening and evaluation of persons committed to its
custody who have alcohol or drug abuse problems, and for
making appropriate treatment available to such persons;
the Department shall report to the General Assembly on such
plan not later than April 1, 1987. The maintenance and
implementation of such plan shall be contingent upon the
availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of

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pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Illinois
Department of State Police, a program for tracking and
evaluating each inmate from commitment through release for
recording his or her gang affiliations, activities, or
ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to
establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter into
an agreement of the type described in subsection (d) of
Section 405-300 of the Department of Central Management
Services Law (20 ILCS 405/405-300). The Department shall

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designate those institutions which shall constitute the
State Penitentiary System.
Pursuant to its power to establish new institutions and
facilities, the Department may authorize the Department of
Central Management Services to accept bids from counties
and municipalities for the construction, remodeling or
conversion of a structure to be leased to the Department of
Corrections for the purposes of its serving as a
correctional institution or facility. Such construction,
remodeling or conversion may be financed with revenue bonds
issued pursuant to the Industrial Building Revenue Bond Act
by the municipality or county. The lease specified in a bid
shall be for a term of not less than the time needed to
retire any revenue bonds used to finance the project, but
not to exceed 40 years. The lease may grant to the State
the option to purchase the structure outright.
Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of

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housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(d-10) To provide educational and visitation
opportunities to committed persons within its institutions
through temporary access to content-controlled tablets
that may be provided as a privilege to committed persons to
induce or reward compliance.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up the
trash and garbage along State, county, township, or

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municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Secretary
of Transportation. The prisoners used on this program shall
be selected by the Director of Corrections on whatever
basis he deems proper in consideration of their term,
behavior and earned eligibility to participate in such
program - where they will be outside of the prison facility
but still in the custody of the Department of Corrections.
Prisoners convicted of first degree murder, or a Class X
felony, or armed violence, or aggravated kidnapping, or
criminal sexual assault, aggravated criminal sexual abuse
or a subsequent conviction for criminal sexual abuse, or
forcible detention, or arson, or a prisoner adjudged a
Habitual Criminal shall not be eligible for selection to
participate in such program. The prisoners shall remain as
prisoners in the custody of the Department of Corrections
and such Department shall furnish whatever security is
necessary. The Department of Transportation shall furnish
trucks and equipment for the highway cleanup program and
personnel to supervise and direct the program. Neither the
Department of Corrections nor the Department of
Transportation shall replace any regular employee with a
prisoner.

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(g) To maintain records of persons committed to it and
to establish programs of research, statistics and
planning.
(h) To investigate the grievances of any person
committed to the Department and to inquire into any alleged
misconduct by employees or committed persons; and for these
purposes it may issue subpoenas and compel the attendance
of witnesses and the production of writings and papers, and
may examine under oath any witnesses who may appear before
it; to also investigate alleged violations of a parolee's
or releasee's conditions of parole or release; and for this
purpose it may issue subpoenas and compel the attendance of
witnesses and the production of documents only if there is
reason to believe that such procedures would provide
evidence that such violations have occurred.
If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees or

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alleged violations of a parolee's or releasee's conditions
of parole shall be conservators of the peace for those
purposes, and shall have the full power of peace officers
outside of the facilities of the Department in the
protection, arrest, retaking and reconfining of committed
persons or where the exercise of such power is necessary to
the investigation of such misconduct or violations. This
subsection shall not apply to persons committed to the
Department of Juvenile Justice under the Juvenile Court Act
of 1987 on aftercare release.
(j) To cooperate with other departments and agencies
and with local communities for the development of standards
and programs for better correctional services in this
State.
(k) To administer all moneys and properties of the
Department.
(l) To report annually to the Governor on the committed
persons, institutions and programs of the Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the

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State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the rules
governing their conduct while in work release. This program
shall not apply to those persons who have committed a new
offense while serving on parole or mandatory supervised
release or while committed to work release.
Elements of the program shall include, but shall not be
limited to, the following:
(1) The staff of a diversion facility shall provide
supervision in accordance with required objectives set
by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board

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at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational and other programs as the
Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional

SB3642 - 2143 - LRB101 20589 WGH 70218 b
system: (1) each active gang; (2) every existing inter-gang
affiliation or alliance; and (3) the current leaders in
each gang. The Department shall promptly segregate leaders
from inmates who belong to their gangs and allied gangs.
"Segregate" means no physical contact and, to the extent
possible under the conditions and space available at the
correctional facility, prohibition of visual and sound
communication. For the purposes of this paragraph (r-10),
"leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or
leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are disruptive
or dangerous and provide for the safety and security of the

SB3642 - 2144 - LRB101 20589 WGH 70218 b
staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed to
the Department absconds or absents himself or herself,
without authority to do so, from any facility or program to

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which he or she is assigned. The order shall be certified
by the Director, the Supervisor of the Apprehension Unit,
or any person duly designated by the Director, with the
seal of the Department affixed. The order shall be directed
to all sheriffs, coroners, and police officers, or to any
particular person named in the order. Any order issued
pursuant to this subdivision (1) (u-5) shall be sufficient
warrant for the officer or person named in the order to
arrest and deliver the committed person to the proper
correctional officials and shall be executed the same as
criminal process.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1, 1998,
consider building and operating a correctional facility within
100 miles of a county of over 2,000,000 inhabitants, especially
a facility designed to house juvenile participants in the
impact incarceration program.
(3) When the Department lets bids for contracts for medical
services to be provided to persons committed to Department
facilities by a health maintenance organization, medical
service corporation, or other health care provider, the bid may
only be let to a health care provider that has obtained an
irrevocable letter of credit or performance bond issued by a
company whose bonds have an investment grade or higher rating
by a bond rating organization.

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(4) When the Department lets bids for contracts for food or
commissary services to be provided to Department facilities,
the bid may only be let to a food or commissary services
provider that has obtained an irrevocable letter of credit or
performance bond issued by a company whose bonds have an
investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the
Executive Order 1 (2012) Implementation Act, all of the powers,
duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
101-235, eff. 1-1-20.)
(730 ILCS 5/3-2.7-25)
Sec. 3-2.7-25. Duties and powers.

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(a) The Independent Juvenile Ombudsman shall function
independently within the Department of Juvenile Justice with
respect to the operations of the Office in performance of his
or her duties under this Article and shall report to the
Governor. The Ombudsman shall adopt rules and standards as may
be necessary or desirable to carry out his or her duties.
Funding for the Office shall be designated separately within
Department funds. The Department shall provide necessary
administrative services and facilities to the Office of the
Independent Juvenile Ombudsman.
(b) The Office of Independent Juvenile Ombudsman shall have
the following duties:
(1) review and monitor the implementation of the rules
and standards established by the Department of Juvenile
Justice and evaluate the delivery of services to youth to
ensure that the rights of youth are fully observed;
(2) provide assistance to a youth or family whom the
Ombudsman determines is in need of assistance, including
advocating with an agency, provider, or other person in the
best interests of the youth;
(3) investigate and attempt to resolve complaints made
by or on behalf of youth, other than complaints alleging
criminal behavior or violations of the State Officials and
Employees Ethics Act, if the Office determines that the
investigation and resolution would further the purpose of
the Office, and:

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(A) a youth committed to the Department of Juvenile
Justice or the youth's family is in need of assistance
from the Office; or
(B) a systemic issue in the Department of Juvenile
Justice's provision of services is raised by a
complaint;
(4) review or inspect periodically the facilities and
procedures of any facility in which a youth has been placed
by the Department of Juvenile Justice to ensure that the
rights of youth are fully observed; and
(5) be accessible to and meet confidentially and
regularly with youth committed to the Department and serve
as a resource by informing them of pertinent laws, rules,
and policies, and their rights thereunder.
(c) The following cases shall be reported immediately to
the Director of Juvenile Justice and the Governor:
(1) cases of severe abuse or injury of a youth;
(2) serious misconduct, misfeasance, malfeasance, or
serious violations of policies and procedures concerning
the administration of a Department of Juvenile Justice
program or operation;
(3) serious problems concerning the delivery of
services in a facility operated by or under contract with
the Department of Juvenile Justice;
(4) interference by the Department of Juvenile Justice
with an investigation conducted by the Office; and

SB3642 - 2149 - LRB101 20589 WGH 70218 b
(5) other cases as deemed necessary by the Ombudsman.
(d) Notwithstanding any other provision of law, the
Ombudsman may not investigate alleged criminal behavior or
violations of the State Officials and Employees Ethics Act. If
the Ombudsman determines that a possible criminal act has been
committed, or that special expertise is required in the
investigation, he or she shall immediately notify the Illinois
Department of State Police. If the Ombudsman determines that a
possible violation of the State Officials and Employees Ethics
Act has occurred, he or she shall immediately refer the
incident to the Office of the Governor's Executive Inspector
General for investigation. If the Ombudsman receives a
complaint from a youth or third party regarding suspected abuse
or neglect of a child, the Ombudsman shall refer the incident
to the Child Abuse and Neglect Hotline or to the Illinois State
Police as mandated by the Abused and Neglected Child Reporting
Act. Any investigation conducted by the Ombudsman shall not be
duplicative and shall be separate from any investigation
mandated by the Abused and Neglected Child Reporting Act. All
investigations conducted by the Ombudsman shall be conducted in
a manner designed to ensure the preservation of evidence for
possible use in a criminal prosecution.
(e) In performance of his or her duties, the Ombudsman may:
(1) review court files of youth;
(2) recommend policies, rules, and legislation
designed to protect youth;

SB3642 - 2150 - LRB101 20589 WGH 70218 b
(3) make appropriate referrals under any of the duties
and powers listed in this Section;
(4) attend internal administrative and disciplinary
hearings to ensure the rights of youth are fully observed
and advocate for the best interest of youth when deemed
necessary; and
(5) perform other acts, otherwise permitted or
required by law, in furtherance of the purpose of the
Office.
(f) To assess if a youth's rights have been violated, the
Ombudsman may, in any matter that does not involve alleged
criminal behavior, contact or consult with an administrator,
employee, youth, parent, expert, or any other individual in the
course of his or her investigation or to secure information as
necessary to fulfill his or her duties.
(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
(730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
Sec. 3-3-2. Powers and duties.
(a) The Parole and Pardon Board is abolished and the term
"Parole and Pardon Board" as used in any law of Illinois, shall
read "Prisoner Review Board." After the effective date of this
amendatory Act of 1977, the Prisoner Review Board shall provide
by rule for the orderly transition of all files, records, and
documents of the Parole and Pardon Board and for such other
steps as may be necessary to effect an orderly transition and

SB3642 - 2151 - LRB101 20589 WGH 70218 b
shall:
(1) hear by at least one member and through a panel of
at least 3 members decide, cases of prisoners who were
sentenced under the law in effect prior to the effective
date of this amendatory Act of 1977, and who are eligible
for parole;
(2) hear by at least one member and through a panel of
at least 3 members decide, the conditions of parole and the
time of discharge from parole, impose sanctions for
violations of parole, and revoke parole for those sentenced
under the law in effect prior to this amendatory Act of
1977; provided that the decision to parole and the
conditions of parole for all prisoners who were sentenced
for first degree murder or who received a minimum sentence
of 20 years or more under the law in effect prior to
February 1, 1978 shall be determined by a majority vote of
the Prisoner Review Board. One representative supporting
parole and one representative opposing parole will be
allowed to speak. Their comments shall be limited to making
corrections and filling in omissions to the Board's
presentation and discussion;
(3) hear by at least one member and through a panel of
at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, impose sanctions for violations of
mandatory supervised release, and revoke mandatory

SB3642 - 2152 - LRB101 20589 WGH 70218 b
supervised release for those sentenced under the law in
effect after the effective date of this amendatory Act of
1977;
(3.5) hear by at least one member and through a panel
of at least 3 members decide, the conditions of mandatory
supervised release and the time of discharge from mandatory
supervised release, to impose sanctions for violations of
mandatory supervised release and revoke mandatory
supervised release for those serving extended supervised
release terms pursuant to paragraph (4) of subsection (d)
of Section 5-8-1;
(3.6) hear by at least one member and through a panel
of at least 3 members decide whether to revoke aftercare
release for those committed to the Department of Juvenile
Justice under the Juvenile Court Act of 1987;
(4) hear by at least one member and through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for alleged violation of Department rules with
respect to sentence credits under Section 3-6-3 of this
Code in which the Department seeks to revoke sentence
credits, if the amount of time at issue exceeds 30 days or
when, during any 12 month period, the cumulative amount of
credit revoked exceeds 30 days except where the infraction
is committed or discovered within 60 days of scheduled
release. In such cases, the Department of Corrections may

SB3642 - 2153 - LRB101 20589 WGH 70218 b
revoke up to 30 days of sentence credit. The Board may
subsequently approve the revocation of additional sentence
credit, if the Department seeks to revoke sentence credit
in excess of thirty days. However, the Board shall not be
empowered to review the Department's decision with respect
to the loss of 30 days of sentence credit for any prisoner
or to increase any penalty beyond the length requested by
the Department;
(5) hear by at least one member and through a panel of
at least 3 members decide, the release dates for certain
prisoners sentenced under the law in existence prior to the
effective date of this amendatory Act of 1977, in
accordance with Section 3-3-2.1 of this Code;
(6) hear by at least one member and through a panel of
at least 3 members decide, all requests for pardon,
reprieve or commutation, and make confidential
recommendations to the Governor;
(6.5) hear by at least one member who is qualified in
the field of juvenile matters and through a panel of at
least 3 members, 2 of whom are qualified in the field of
juvenile matters, decide parole review cases in accordance
with Section 5-4.5-115 of this Code and make release
determinations of persons under the age of 21 at the time
of the commission of an offense or offenses, other than
those persons serving sentences for first degree murder or
aggravated criminal sexual assault;

SB3642 - 2154 - LRB101 20589 WGH 70218 b
(6.6) hear by at least a quorum of the Prisoner Review
Board and decide by a majority of members present at the
hearing, in accordance with Section 5-4.5-115 of this Code,
release determinations of persons under the age of 21 at
the time of the commission of an offense or offenses of
those persons serving sentences for first degree murder or
aggravated criminal sexual assault;
(7) comply with the requirements of the Open Parole
Hearings Act;
(8) hear by at least one member and, through a panel of
at least 3 members, decide cases brought by the Department
of Corrections against a prisoner in the custody of the
Department for court dismissal of a frivolous lawsuit
pursuant to Section 3-6-3(d) of this Code in which the
Department seeks to revoke up to 180 days of sentence
credit, and if the prisoner has not accumulated 180 days of
sentence credit at the time of the dismissal, then all
sentence credit accumulated by the prisoner shall be
revoked;
(9) hear by at least 3 members, and, through a panel of
at least 3 members, decide whether to grant certificates of
relief from disabilities or certificates of good conduct as
provided in Article 5.5 of Chapter V;
(10) upon a petition by a person who has been convicted
of a Class 3 or Class 4 felony and who meets the
requirements of this paragraph, hear by at least 3 members

SB3642 - 2155 - LRB101 20589 WGH 70218 b
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for sealing recommending that
the court order the sealing of all official records of the
arresting authority, the circuit court clerk, and the
Illinois Department of State Police concerning the arrest
and conviction for the Class 3 or 4 felony. A person may
not apply to the Board for a certificate of eligibility for
sealing:
(A) until 5 years have elapsed since the expiration
of his or her sentence;
(B) until 5 years have elapsed since any arrests or
detentions by a law enforcement officer for an alleged
violation of law, other than a petty offense, traffic
offense, conservation offense, or local ordinance
offense;
(C) if convicted of a violation of the Cannabis
Control Act, Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
the Methamphetamine Precursor Control Act, or the
Methamphetamine Precursor Tracking Act unless the
petitioner has completed a drug abuse program for the
offense on which sealing is sought and provides proof
that he or she has completed the program successfully;
(D) if convicted of:
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of

SB3642 - 2156 - LRB101 20589 WGH 70218 b
the Criminal Code of 1961 or the Criminal Code of
2012;
(ii) aggravated assault;
(iii) aggravated battery;
(iv) domestic battery;
(v) aggravated domestic battery;
(vi) violation of an order of protection;
(vii) an offense under the Criminal Code of
1961 or the Criminal Code of 2012 involving a
firearm;
(viii) driving while under the influence of
alcohol, other drug or drugs, intoxicating
compound or compounds or any combination thereof;
(ix) aggravated driving while under the
influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any
combination thereof; or
(x) any crime defined as a crime of violence
under Section 2 of the Crime Victims Compensation
Act.
If a person has applied to the Board for a certificate
of eligibility for sealing and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for pardon from the Governor unless
the Chairman of the Prisoner Review Board grants a waiver.
The decision to issue or refrain from issuing a

SB3642 - 2157 - LRB101 20589 WGH 70218 b
certificate of eligibility for sealing shall be at the
Board's sole discretion, and shall not give rise to any
cause of action against either the Board or its members.
The Board may only authorize the sealing of Class 3 and
4 felony convictions of the petitioner from one information
or indictment under this paragraph (10). A petitioner may
only receive one certificate of eligibility for sealing
under this provision for life; and
(11) upon a petition by a person who after having been
convicted of a Class 3 or Class 4 felony thereafter served
in the United States Armed Forces or National Guard of this
or any other state and had received an honorable discharge
from the United States Armed Forces or National Guard or
who at the time of filing the petition is enlisted in the
United States Armed Forces or National Guard of this or any
other state and served one tour of duty and who meets the
requirements of this paragraph, hear by at least 3 members
and, with the unanimous vote of a panel of 3 members, issue
a certificate of eligibility for expungement recommending
that the court order the expungement of all official
records of the arresting authority, the circuit court
clerk, and the Illinois Department of State Police
concerning the arrest and conviction for the Class 3 or 4
felony. A person may not apply to the Board for a
certificate of eligibility for expungement:
(A) if convicted of:

SB3642 - 2158 - LRB101 20589 WGH 70218 b
(i) a sex offense described in Article 11 or
Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
the Criminal Code of 1961 or Criminal Code of 2012;
(ii) an offense under the Criminal Code of 1961
or Criminal Code of 2012 involving a firearm; or
(iii) a crime of violence as defined in Section
2 of the Crime Victims Compensation Act; or
(B) if the person has not served in the United
States Armed Forces or National Guard of this or any
other state or has not received an honorable discharge
from the United States Armed Forces or National Guard
of this or any other state or who at the time of the
filing of the petition is serving in the United States
Armed Forces or National Guard of this or any other
state and has not completed one tour of duty.
If a person has applied to the Board for a certificate
of eligibility for expungement and the Board denies the
certificate, the person must wait at least 4 years before
filing again or filing for a pardon with authorization for
expungement from the Governor unless the Governor or
Chairman of the Prisoner Review Board grants a waiver.
(a-5) The Prisoner Review Board, with the cooperation of
and in coordination with the Department of Corrections and the
Department of Central Management Services, shall implement a
pilot project in 3 correctional institutions providing for the
conduct of hearings under paragraphs (1) and (4) of subsection

SB3642 - 2159 - LRB101 20589 WGH 70218 b
(a) of this Section through interactive video conferences. The
project shall be implemented within 6 months after the
effective date of this amendatory Act of 1996. Within 6 months
after the implementation of the pilot project, the Prisoner
Review Board, with the cooperation of and in coordination with
the Department of Corrections and the Department of Central
Management Services, shall report to the Governor and the
General Assembly regarding the use, costs, effectiveness, and
future viability of interactive video conferences for Prisoner
Review Board hearings.
(b) Upon recommendation of the Department the Board may
restore sentence credit previously revoked.
(c) The Board shall cooperate with the Department in
promoting an effective system of parole and mandatory
supervised release.
(d) The Board shall promulgate rules for the conduct of its
work, and the Chairman shall file a copy of such rules and any
amendments thereto with the Director and with the Secretary of
State.
(e) The Board shall keep records of all of its official
actions and shall make them accessible in accordance with law
and the rules of the Board.
(f) The Board or one who has allegedly violated the
conditions of his or her parole, aftercare release, or
mandatory supervised release may require by subpoena the
attendance and testimony of witnesses and the production of

SB3642 - 2160 - LRB101 20589 WGH 70218 b
documentary evidence relating to any matter under
investigation or hearing. The Chairman of the Board may sign
subpoenas which shall be served by any agent or public official
authorized by the Chairman of the Board, or by any person
lawfully authorized to serve a subpoena under the laws of the
State of Illinois. The attendance of witnesses, and the
production of documentary evidence, may be required from any
place in the State to a hearing location in the State before
the Chairman of the Board or his or her designated agent or
agents or any duly constituted Committee or Subcommittee of the
Board. Witnesses so summoned shall be paid the same fees and
mileage that are paid witnesses in the circuit courts of the
State, and witnesses whose depositions are taken and the
persons taking those depositions are each entitled to the same
fees as are paid for like services in actions in the circuit
courts of the State. Fees and mileage shall be vouchered for
payment when the witness is discharged from further attendance.
In case of disobedience to a subpoena, the Board may
petition any circuit court of the State for an order requiring
the attendance and testimony of witnesses or the production of
documentary evidence or both. A copy of such petition shall be
served by personal service or by registered or certified mail
upon the person who has failed to obey the subpoena, and such
person shall be advised in writing that a hearing upon the
petition will be requested in a court room to be designated in
such notice before the judge hearing motions or extraordinary

SB3642 - 2161 - LRB101 20589 WGH 70218 b
remedies at a specified time, on a specified date, not less
than 10 nor more than 15 days after the deposit of the copy of
the written notice and petition in the U.S. mails addressed to
the person at his last known address or after the personal
service of the copy of the notice and petition upon such
person. The court upon the filing of such a petition, may order
the person refusing to obey the subpoena to appear at an
investigation or hearing, or to there produce documentary
evidence, if so ordered, or to give evidence relative to the
subject matter of that investigation or hearing. Any failure to
obey such order of the circuit court may be punished by that
court as a contempt of court.
Each member of the Board and any hearing officer designated
by the Board shall have the power to administer oaths and to
take the testimony of persons under oath.
(g) Except under subsection (a) of this Section, a majority
of the members then appointed to the Prisoner Review Board
shall constitute a quorum for the transaction of all business
of the Board.
(h) The Prisoner Review Board shall annually transmit to
the Director a detailed report of its work for the preceding
calendar year. The annual report shall also be transmitted to
the Governor for submission to the Legislature.
(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)

SB3642 - 2162 - LRB101 20589 WGH 70218 b
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release,
final discharge or pardon the Department shall return all
property held for him, provide him with suitable clothing and
procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is discharged
from the Department, provide him or her with any documents
necessary after discharge.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds to
be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on
parole, mandatory release, final discharge, or pardon, the
Department shall provide the person with a form that informs
him or her that his or her voting rights have been restored and
a voter registration application. The Department shall have

SB3642 - 2163 - LRB101 20589 WGH 70218 b
available voter registration applications in the languages
provided by the Illinois State Board of Elections. The form
that informs the person that his or her rights have been
restored shall include the following information:
(1) All voting rights are restored upon release from
the Department's custody.
(2) A person who is eligible to vote must register in
order to be able to vote.
The Department of Corrections shall confirm that the person
received the voter registration application and has been
informed that his or her voting rights have been restored.
(a-4) (a-3) Prior to release of a person on parole,
mandatory supervised release, final discharge, or pardon, the
Department shall screen every person for Medicaid eligibility.
Officials of the correctional institution or facility where the
committed person is assigned shall assist an eligible person to
complete a Medicaid application to ensure that the person
begins receiving benefits as soon as possible after his or her
release. The application must include the eligible person's
address associated with his or her residence upon release from
the facility. If the residence is temporary, the eligible
person must notify the Department of Human Services of his or
her change in address upon transition to permanent housing.
(b) (Blank).
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written

SB3642 - 2164 - LRB101 20589 WGH 70218 b
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the
State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released into
the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon
thereafter as possible. The written notification shall be
provided electronically if the State's Attorney, sheriff,
proper law enforcement agency, or public housing agency has

SB3642 - 2165 - LRB101 20589 WGH 70218 b
provided the Department with an accurate and up to date email
address.
(c-1) (Blank).
(c-2) The Department shall establish procedures to provide
notice to the Illinois Department of State Police of the
release or discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Illinois Department of State Police shall make this information
available to local, State, or federal law enforcement agencies
upon request.
(c-5) If a person on parole or mandatory supervised release
becomes a resident of a facility licensed or regulated by the
Department of Public Health, the Illinois Department of Public
Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the following
information to the appropriate licensing or regulating
Department and the licensed or regulated facility where the
person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.
(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and

SB3642 - 2166 - LRB101 20589 WGH 70218 b
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and
dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the municipality
and county in which the licensed facility is located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been exposed
to the human immunodeficiency virus (HIV) or any identified
causative agent of Acquired Immunodeficiency Syndrome (AIDS).

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(e) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall verify the
released person's full name, date of birth, and social security
number. If verification is made by the Department by obtaining
a certified copy of the released person's birth certificate and
the released person's social security card or other documents
authorized by the Secretary, the Department shall provide the
birth certificate and social security card or other documents
authorized by the Secretary to the released person. If
verification by the Department is done by means other than
obtaining a certified copy of the released person's birth
certificate and the released person's social security card or
other documents authorized by the Secretary, the Department
shall complete a verification form, prescribed by the Secretary
of State, and shall provide that verification form to the
released person.
(f) Forty-five days prior to the scheduled discharge of a
person committed to the custody of the Department of
Corrections, the Department shall give the person who is
otherwise uninsured an opportunity to apply for health care
coverage including medical assistance under Article V of the
Illinois Public Aid Code in accordance with subsection (b) of
Section 1-8.5 of the Illinois Public Aid Code, and the
Department of Corrections shall provide assistance with
completion of the application for health care coverage

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including medical assistance. The Department may adopt rules to
implement this Section.
(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
revised 9-9-19.)
(730 ILCS 5/3-14-1.5)
Sec. 3-14-1.5. Parole agents and parole supervisors;
off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and
Section 24-1.6 of the Criminal Code of 2012 do not apply to
parole agents and parole supervisors who meet the following
conditions:
(1) The parole agent or parole supervisor must receive
training in the use of firearms while off-duty conducted by the
Illinois Law Enforcement Training Standards Board and be
certified as having successfully completing such training by
the Board. The Board shall determine the amount of such
training and the course content for such training. The parole
agent or parole supervisor shall requalify for the firearms
training annually at a State range certified by the Illinois
Law Enforcement Training Standards Board. The expenses of such
retraining shall be paid by the parole agent or parole
supervisor and moneys for such requalification shall be
expended at the request of the Illinois Law Enforcement
Training Standards Board.
(2) The parole agent or parole supervisor shall purchase
such firearm at his or her own expense and shall register the

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firearm with the Illinois Department of State Police and with
any other local law enforcement agencies that require such
registration.
(3) The parole agent or parole supervisor may not carry any
Illinois Department of Corrections State issued firearm while
off-duty. A person who violates this paragraph (3) is subject
to disciplinary action by the Illinois Department of
Corrections.
(4) Parole agents and supervisors who are discharged from
employment of the Illinois Department of Corrections shall no
longer be considered law enforcement officials and all their
rights as law enforcement officials shall be revoked
permanently.
(Source: P.A. 96-230, eff. 1-1-10; 97-333, eff. 8-12-11;
97-1150, eff. 1-25-13.)
(730 ILCS 5/3-17-5)
Sec. 3-17-5. Transitional housing; licensing.
(a) The Department of Corrections shall license
transitional housing facilities for persons convicted of or
placed on supervision for sex offenses as defined in the Sex
Offender Management Board Act.
(b) A transitional housing facility must meet the following
criteria to be licensed by the Department:
(1) The facility shall provide housing to a sex
offender who is in compliance with his or her parole,

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mandatory supervised release, probation, or supervision
order for a period not to exceed 90 days, unless extended
with approval from the Director or his or her designee.
Notice of any extension approved shall be provided to the
Prisoner Review Board.
(2) The Department of Corrections must approve a
treatment plan and counseling for each sex offender
residing in the transitional housing.
(3) The transitional housing facility must provide
security 24 hours each day and 7 days each week as defined
and approved by the Department.
(4) The facility must notify the police department,
public and private elementary and secondary schools,
public libraries, and each residential home and apartment
complex located within 500 feet of the transitional housing
facility of its initial licensure as a transitional housing
facility, and of its continuing operation as a transitional
housing facility annually thereafter.
(5) Upon its initial licensure as a transitional
housing facility and during its licensure, each facility
shall maintain at its main entrance a visible and
conspicuous exterior sign identifying itself as, in
letters at least 4 inches tall, a "Department of
Corrections Licensed Transitional Housing Facility".
(6) Upon its initial licensure as a transitional
housing facility, each facility shall file in the office of

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the county clerk of the county in which such facility is
located, a certificate setting forth the name under which
the facility is, or is to be, operated, and the true or
real full name or names of the person, persons or entity
operating the same, with the address of the facility. The
certificate shall be executed and duly acknowledged by the
person or persons so operating or intending to operate the
facility. Notice of the filing of the certificate shall be
published in a newspaper of general circulation published
within the county in which the certificate is filed. The
notice shall be published once a week for 3 consecutive
weeks. The first publication shall be within 15 days after
the certificate is filed in the office of the county clerk.
Proof of publication shall be filed with the county clerk
within 50 days from the date of filing the certificate.
Upon receiving proof of publication, the clerk shall issue
a receipt to the person filing the certificate, but no
additional charge shall be assessed by the clerk for giving
such receipt. Unless proof of publication is made to the
clerk, the notification is void.
(7) Each licensed transitional housing facility shall
be identified on the Illinois State Police Sex Offender
Registry website, including the address of the facility
together with the maximum possible number of sex offenders
that the facility could house.
(c) The Department of Corrections shall establish rules

SB3642 - 2172 - LRB101 20589 WGH 70218 b
consistent with this Section establishing licensing procedures
and criteria for transitional housing facilities for sex
offenders, and may create criteria for, and issue licenses for,
different levels of facilities to be licensed. The Department
is authorized to set and charge a licensing fee for each
application for a transitional housing license. The rules shall
be adopted within 60 days after the effective date of this
amendatory Act of the 94th General Assembly. Facilities which
on the effective date of this amendatory Act of the 94th
General Assembly are currently housing and providing sex
offender treatment to sex offenders may continue housing more
than one sex offender on parole, mandatory supervised release,
probation, or supervision for a period of 120 days after the
adoption of licensure rules during which time the facility
shall apply for a transitional housing license.
(d) The Department of Corrections shall maintain a file on
each sex offender housed in a transitional housing facility.
The file shall contain efforts of the Department in placing a
sex offender in non-transitional housing, efforts of the
Department to place the sex offender in a county from which he
or she was convicted, the anticipated length of stay of each
sex offender in the transitional housing facility, the number
of sex offenders residing in the transitional housing facility,
and the services to be provided the sex offender while he or
she resides in the transitional housing facility.
(e) The Department of Corrections shall, on or before

SB3642 - 2173 - LRB101 20589 WGH 70218 b
December 31 of each year, file a report with the General
Assembly on the number of transitional housing facilities for
sex offenders licensed by the Department, the addresses of each
licensed facility, how many sex offenders are housed in each
facility, and the particular sex offense that each resident of
the transitional housing facility committed.
(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.)
(730 ILCS 5/5-2-4) (from Ch. 38, par. 1005-2-4)
Sec. 5-2-4. Proceedings after acquittal by reason of
insanity.
(a) After a finding or verdict of not guilty by reason of
insanity under Sections 104-25, 115-3, or 115-4 of the Code of
Criminal Procedure of 1963, the defendant shall be ordered to
the Department of Human Services for an evaluation as to
whether he is in need of mental health services. The order
shall specify whether the evaluation shall be conducted on an
inpatient or outpatient basis. If the evaluation is to be
conducted on an inpatient basis, the defendant shall be placed
in a secure setting. With the court order for evaluation shall
be sent a copy of the arrest report, criminal charges, arrest
record, jail record, any report prepared under Section 115-6 of
the Code of Criminal Procedure of 1963, and any statement
prepared under Section 6 of the Rights of Crime Victims and
Witnesses Act. The clerk of the circuit court shall transmit
this information to the Department within 5 days. If the court

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orders that the evaluation be done on an inpatient basis, the
Department shall evaluate the defendant to determine to which
secure facility the defendant shall be transported and, within
20 days of the transmittal by the clerk of the circuit court of
the placement court order, notify the sheriff of the designated
facility. Upon receipt of that notice, the sheriff shall
promptly transport the defendant to the designated facility.
During the period of time required to determine the appropriate
placement, the defendant shall remain in jail. If, within 20
days of the transmittal by the clerk of the circuit court of
the placement court order, the Department fails to notify the
sheriff of the identity of the facility to which the defendant
shall be transported, the sheriff shall contact a designated
person within the Department to inquire about when a placement
will become available at the designated facility and bed
availability at other facilities. If, within 20 days of the
transmittal by the clerk of the circuit court of the placement
court order, the Department fails to notify the sheriff of the
identity of the facility to which the defendant shall be
transported, the sheriff shall notify the Department of its
intent to transfer the defendant to the nearest secure mental
health facility operated by the Department and inquire as to
the status of the placement evaluation and availability for
admission to the facility operated by the Department by
contacting a designated person within the Department. The
Department shall respond to the sheriff within 2 business days

SB3642 - 2175 - LRB101 20589 WGH 70218 b
of the notice and inquiry by the sheriff seeking the transfer
and the Department shall provide the sheriff with the status of
the placement evaluation, information on bed and placement
availability, and an estimated date of admission for the
defendant and any changes to that estimated date of admission.
If the Department notifies the sheriff during the 2 business
day period of a facility operated by the Department with
placement availability, the sheriff shall promptly transport
the defendant to that facility. Individualized placement
evaluations by the Department of Human Services determine the
most appropriate setting for forensic treatment based upon a
number of factors including mental health diagnosis, proximity
to surviving victims, security need, age, gender, and proximity
to family.
The Department shall provide the Court with a report of its
evaluation within 30 days of the date of this order. The Court
shall hold a hearing as provided under the Mental Health and
Developmental Disabilities Code to determine if the individual
is: (a) in need of mental health services on an inpatient
basis; (b) in need of mental health services on an outpatient
basis; (c) a person not in need of mental health services. The
court shall afford the victim the opportunity to make a written
or oral statement as guaranteed by Article I, Section 8.1 of
the Illinois Constitution and Section 6 of the Rights of Crime
Victims and Witnesses Act. The court shall allow a victim to
make an oral statement if the victim is present in the

SB3642 - 2176 - LRB101 20589 WGH 70218 b
courtroom and requests to make an oral statement. An oral
statement includes the victim or a representative of the victim
reading the written statement. The court may allow persons
impacted by the crime who are not victims under subsection (a)
of Section 3 of the Rights of Crime Victims and Witnesses Act
to present an oral or written statement. A victim and any
person making an oral statement shall not be put under oath or
subject to cross-examination. The court shall consider any
statement presented along with all other appropriate factors in
determining the sentence of the defendant or disposition of the
juvenile. All statements shall become part of the record of the
court.
If the defendant is found to be in need of mental health
services on an inpatient care basis, the Court shall order the
defendant to the Department of Human Services. The defendant
shall be placed in a secure setting. Such defendants placed in
a secure setting shall not be permitted outside the facility's
housing unit unless escorted or accompanied by personnel of the
Department of Human Services or with the prior approval of the
Court for unsupervised on-grounds privileges as provided
herein. Any defendant placed in a secure setting pursuant to
this Section, transported to court hearings or other necessary
appointments off facility grounds by personnel of the
Department of Human Services, shall be placed in security
devices or otherwise secured during the period of
transportation to assure secure transport of the defendant and

SB3642 - 2177 - LRB101 20589 WGH 70218 b
the safety of Department of Human Services personnel and
others. These security measures shall not constitute restraint
as defined in the Mental Health and Developmental Disabilities
Code. If the defendant is found to be in need of mental health
services, but not on an inpatient care basis, the Court shall
conditionally release the defendant, under such conditions as
set forth in this Section as will reasonably assure the
defendant's satisfactory progress and participation in
treatment or rehabilitation and the safety of the defendant,
the victim, the victim's family members, and others. If the
Court finds the person not in need of mental health services,
then the Court shall order the defendant discharged from
custody.
(a-1) Definitions. For the purposes of this Section:
(A) (Blank).
(B) "In need of mental health services on an inpatient
basis" means: a defendant who has been found not guilty by
reason of insanity but who, due to mental illness, is
reasonably expected to inflict serious physical harm upon
himself or another and who would benefit from inpatient
care or is in need of inpatient care.
(C) "In need of mental health services on an outpatient
basis" means: a defendant who has been found not guilty by
reason of insanity who is not in need of mental health
services on an inpatient basis, but is in need of
outpatient care, drug and/or alcohol rehabilitation

SB3642 - 2178 - LRB101 20589 WGH 70218 b
programs, community adjustment programs, individual,
group, or family therapy, or chemotherapy.
(D) "Conditional Release" means: the release from
either the custody of the Department of Human Services or
the custody of the Court of a person who has been found not
guilty by reason of insanity under such conditions as the
Court may impose which reasonably assure the defendant's
satisfactory progress in treatment or habilitation and the
safety of the defendant, the victim, the victim's family,
and others. The Court shall consider such terms and
conditions which may include, but need not be limited to,
outpatient care, alcoholic and drug rehabilitation
programs, community adjustment programs, individual,
group, family, and chemotherapy, random testing to ensure
the defendant's timely and continuous taking of any
medicines prescribed to control or manage his or her
conduct or mental state, and periodic checks with the legal
authorities and/or the Department of Human Services. The
Court may order as a condition of conditional release that
the defendant not contact the victim of the offense that
resulted in the finding or verdict of not guilty by reason
of insanity or any other person. The Court may order the
Department of Human Services to provide care to any person
conditionally released under this Section. The Department
may contract with any public or private agency in order to
discharge any responsibilities imposed under this Section.

SB3642 - 2179 - LRB101 20589 WGH 70218 b
The Department shall monitor the provision of services to
persons conditionally released under this Section and
provide periodic reports to the Court concerning the
services and the condition of the defendant. Whenever a
person is conditionally released pursuant to this Section,
the State's Attorney for the county in which the hearing is
held shall designate in writing the name, telephone number,
and address of a person employed by him or her who shall be
notified in the event that either the reporting agency or
the Department decides that the conditional release of the
defendant should be revoked or modified pursuant to
subsection (i) of this Section. Such conditional release
shall be for a period of five years. However, the
defendant, the person or facility rendering the treatment,
therapy, program or outpatient care, the Department, or the
State's Attorney may petition the Court for an extension of
the conditional release period for an additional 5 years.
Upon receipt of such a petition, the Court shall hold a
hearing consistent with the provisions of paragraph (a),
this paragraph (a-1), and paragraph (f) of this Section,
shall determine whether the defendant should continue to be
subject to the terms of conditional release, and shall
enter an order either extending the defendant's period of
conditional release for an additional 5-year period or
discharging the defendant. Additional 5-year periods of
conditional release may be ordered following a hearing as

SB3642 - 2180 - LRB101 20589 WGH 70218 b
provided in this Section. However, in no event shall the
defendant's period of conditional release continue beyond
the maximum period of commitment ordered by the Court
pursuant to paragraph (b) of this Section. These provisions
for extension of conditional release shall only apply to
defendants conditionally released on or after August 8,
2003. However, the extension provisions of Public Act
83-1449 apply only to defendants charged with a forcible
felony.
(E) "Facility director" means the chief officer of a
mental health or developmental disabilities facility or
his or her designee or the supervisor of a program of
treatment or habilitation or his or her designee.
"Designee" may include a physician, clinical psychologist,
social worker, nurse, or clinical professional counselor.
(b) If the Court finds the defendant in need of mental
health services on an inpatient basis, the admission,
detention, care, treatment or habilitation, treatment plans,
review proceedings, including review of treatment and
treatment plans, and discharge of the defendant after such
order shall be under the Mental Health and Developmental
Disabilities Code, except that the initial order for admission
of a defendant acquitted of a felony by reason of insanity
shall be for an indefinite period of time. Such period of
commitment shall not exceed the maximum length of time that the
defendant would have been required to serve, less credit for

SB3642 - 2181 - LRB101 20589 WGH 70218 b
good behavior as provided in Section 5-4-1 of the Unified Code
of Corrections, before becoming eligible for release had he
been convicted of and received the maximum sentence for the
most serious crime for which he has been acquitted by reason of
insanity. The Court shall determine the maximum period of
commitment by an appropriate order. During this period of time,
the defendant shall not be permitted to be in the community in
any manner, including, but not limited to, off-grounds
privileges, with or without escort by personnel of the
Department of Human Services, unsupervised on-grounds
privileges, discharge or conditional or temporary release,
except by a plan as provided in this Section. In no event shall
a defendant's continued unauthorized absence be a basis for
discharge. Not more than 30 days after admission and every 90
days thereafter so long as the initial order remains in effect,
the facility director shall file a treatment plan report in
writing with the court and forward a copy of the treatment plan
report to the clerk of the court, the State's Attorney, and the
defendant's attorney, if the defendant is represented by
counsel, or to a person authorized by the defendant under the
Mental Health and Developmental Disabilities Confidentiality
Act to be sent a copy of the report. The report shall include
an opinion as to whether the defendant is currently in need of
mental health services on an inpatient basis or in need of
mental health services on an outpatient basis. The report shall
also summarize the basis for those findings and provide a

SB3642 - 2182 - LRB101 20589 WGH 70218 b
current summary of the following items from the treatment plan:
(1) an assessment of the defendant's treatment needs, (2) a
description of the services recommended for treatment, (3) the
goals of each type of element of service, (4) an anticipated
timetable for the accomplishment of the goals, and (5) a
designation of the qualified professional responsible for the
implementation of the plan. The report may also include
unsupervised on-grounds privileges, off-grounds privileges
(with or without escort by personnel of the Department of Human
Services), home visits and participation in work programs, but
only where such privileges have been approved by specific court
order, which order may include such conditions on the defendant
as the Court may deem appropriate and necessary to reasonably
assure the defendant's satisfactory progress in treatment and
the safety of the defendant and others.
(c) Every defendant acquitted of a felony by reason of
insanity and subsequently found to be in need of mental health
services shall be represented by counsel in all proceedings
under this Section and under the Mental Health and
Developmental Disabilities Code.
(1) The Court shall appoint as counsel the public
defender or an attorney licensed by this State.
(2) Upon filing with the Court of a verified statement
of legal services rendered by the private attorney
appointed pursuant to paragraph (1) of this subsection, the
Court shall determine a reasonable fee for such services.

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If the defendant is unable to pay the fee, the Court shall
enter an order upon the State to pay the entire fee or such
amount as the defendant is unable to pay from funds
appropriated by the General Assembly for that purpose.
(d) When the facility director determines that:
(1) the defendant is no longer in need of mental health
services on an inpatient basis; and
(2) the defendant may be conditionally released
because he or she is still in need of mental health
services or that the defendant may be discharged as not in
need of any mental health services; or
(3) (blank);
the facility director shall give written notice to the Court,
State's Attorney and defense attorney. Such notice shall set
forth in detail the basis for the recommendation of the
facility director, and specify clearly the recommendations, if
any, of the facility director, concerning conditional release.
Any recommendation for conditional release shall include an
evaluation of the defendant's need for psychotropic
medication, what provisions should be made, if any, to ensure
that the defendant will continue to receive psychotropic
medication following discharge, and what provisions should be
made to assure the safety of the defendant and others in the
event the defendant is no longer receiving psychotropic
medication. Within 30 days of the notification by the facility
director, the Court shall set a hearing and make a finding as

SB3642 - 2184 - LRB101 20589 WGH 70218 b
to whether the defendant is:
(i) (blank); or
(ii) in need of mental health services in the form of
inpatient care; or
(iii) in need of mental health services but not subject
to inpatient care; or
(iv) no longer in need of mental health services; or
(v) (blank).
A crime victim shall be allowed to present an oral and
written statement. The court shall allow a victim to make an
oral statement if the victim is present in the courtroom and
requests to make an oral statement. An oral statement includes
the victim or a representative of the victim reading the
written statement. A victim and any person making an oral
statement shall not be put under oath or subject to
cross-examination. All statements shall become part of the
record of the court.
Upon finding by the Court, the Court shall enter its
findings and such appropriate order as provided in subsections
(a) and (a-1) of this Section.
(e) A defendant admitted pursuant to this Section, or any
person on his behalf, may file a petition for treatment plan
review or discharge or conditional release under the standards
of this Section in the Court which rendered the verdict. Upon
receipt of a petition for treatment plan review or discharge or
conditional release, the Court shall set a hearing to be held

SB3642 - 2185 - LRB101 20589 WGH 70218 b
within 120 days. Thereafter, no new petition may be filed for
180 days without leave of the Court.
(f) The Court shall direct that notice of the time and
place of the hearing be served upon the defendant, the facility
director, the State's Attorney, and the defendant's attorney.
If requested by either the State or the defense or if the Court
feels it is appropriate, an impartial examination of the
defendant by a psychiatrist or clinical psychologist as defined
in Section 1-103 of the Mental Health and Developmental
Disabilities Code who is not in the employ of the Department of
Human Services shall be ordered, and the report considered at
the time of the hearing.
(g) The findings of the Court shall be established by clear
and convincing evidence. The burden of proof and the burden of
going forth with the evidence rest with the defendant or any
person on the defendant's behalf when a hearing is held to
review a petition filed by or on behalf of the defendant. The
evidence shall be presented in open Court with the right of
confrontation and cross-examination. Such evidence may
include, but is not limited to:
(1) whether the defendant appreciates the harm caused
by the defendant to others and the community by his or her
prior conduct that resulted in the finding of not guilty by
reason of insanity;
(2) Whether the person appreciates the criminality of
conduct similar to the conduct for which he or she was

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originally charged in this matter;
(3) the current state of the defendant's illness;
(4) what, if any, medications the defendant is taking
to control his or her mental illness;
(5) what, if any, adverse physical side effects the
medication has on the defendant;
(6) the length of time it would take for the
defendant's mental health to deteriorate if the defendant
stopped taking prescribed medication;
(7) the defendant's history or potential for alcohol
and drug abuse;
(8) the defendant's past criminal history;
(9) any specialized physical or medical needs of the
defendant;
(10) any family participation or involvement expected
upon release and what is the willingness and ability of the
family to participate or be involved;
(11) the defendant's potential to be a danger to
himself, herself, or others;
(11.5) a written or oral statement made by the victim;
and
(12) any other factor or factors the Court deems
appropriate.
(h) Before the court orders that the defendant be
discharged or conditionally released, it shall order the
facility director to establish a discharge plan that includes a

SB3642 - 2187 - LRB101 20589 WGH 70218 b
plan for the defendant's shelter, support, and medication. If
appropriate, the court shall order that the facility director
establish a program to train the defendant in self-medication
under standards established by the Department of Human
Services. If the Court finds, consistent with the provisions of
this Section, that the defendant is no longer in need of mental
health services it shall order the facility director to
discharge the defendant. If the Court finds, consistent with
the provisions of this Section, that the defendant is in need
of mental health services, and no longer in need of inpatient
care, it shall order the facility director to release the
defendant under such conditions as the Court deems appropriate
and as provided by this Section. Such conditional release shall
be imposed for a period of 5 years as provided in paragraph (D)
of subsection (a-1) and shall be subject to later modification
by the Court as provided by this Section. If the Court finds
consistent with the provisions in this Section that the
defendant is in need of mental health services on an inpatient
basis, it shall order the facility director not to discharge or
release the defendant in accordance with paragraph (b) of this
Section.
(i) If within the period of the defendant's conditional
release the State's Attorney determines that the defendant has
not fulfilled the conditions of his or her release, the State's
Attorney may petition the Court to revoke or modify the
conditional release of the defendant. Upon the filing of such

SB3642 - 2188 - LRB101 20589 WGH 70218 b
petition the defendant may be remanded to the custody of the
Department, or to any other mental health facility designated
by the Department, pending the resolution of the petition.
Nothing in this Section shall prevent the emergency admission
of a defendant pursuant to Article VI of Chapter III of the
Mental Health and Developmental Disabilities Code or the
voluntary admission of the defendant pursuant to Article IV of
Chapter III of the Mental Health and Developmental Disabilities
Code. If the Court determines, after hearing evidence, that the
defendant has not fulfilled the conditions of release, the
Court shall order a hearing to be held consistent with the
provisions of paragraph (f) and (g) of this Section. At such
hearing, if the Court finds that the defendant is in need of
mental health services on an inpatient basis, it shall enter an
order remanding him or her to the Department of Human Services
or other facility. If the defendant is remanded to the
Department of Human Services, he or she shall be placed in a
secure setting unless the Court determines that there are
compelling reasons that such placement is not necessary. If the
Court finds that the defendant continues to be in need of
mental health services but not on an inpatient basis, it may
modify the conditions of the original release in order to
reasonably assure the defendant's satisfactory progress in
treatment and his or her safety and the safety of others in
accordance with the standards established in paragraph (D) of
subsection (a-1). Nothing in this Section shall limit a Court's

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contempt powers or any other powers of a Court.
(j) An order of admission under this Section does not
affect the remedy of habeas corpus.
(k) In the event of a conflict between this Section and the
Mental Health and Developmental Disabilities Code or the Mental
Health and Developmental Disabilities Confidentiality Act, the
provisions of this Section shall govern.
(l) Public Act 90-593 shall apply to all persons who have
been found not guilty by reason of insanity and who are
presently committed to the Department of Mental Health and
Developmental Disabilities (now the Department of Human
Services).
(m) The Clerk of the Court shall transmit a certified copy
of the order of discharge or conditional release to the
Department of Human Services, to the sheriff of the county from
which the defendant was admitted, to the Illinois Department of
State Police, to the proper law enforcement agency for the
municipality where the offense took place, and to the sheriff
of the county into which the defendant is conditionally
discharged. The Illinois Department of State Police shall
maintain a centralized record of discharged or conditionally
released defendants while they are under court supervision for
access and use of appropriate law enforcement agencies.
(n) The provisions in this Section which allow allows a
crime victim to make a written and oral statement do not apply
if the defendant was under 18 years of age at the time the

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offense was committed.
(o) If any provision of this Section or its application to
any person or circumstance is held invalid, the invalidity of
that provision does not affect any other provision or
application of this Section that can be given effect without
the invalid provision or application.
(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;
100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff.
7-12-19; revised 9-24-19.)
(730 ILCS 5/5-4-3) (from Ch. 38, par. 1005-4-3)
Sec. 5-4-3. Specimens; genetic marker groups.
(a) Any person convicted of, found guilty under the
Juvenile Court Act of 1987 for, or who received a disposition
of court supervision for, a qualifying offense or attempt of a
qualifying offense, convicted or found guilty of any offense
classified as a felony under Illinois law, convicted or found
guilty of any offense requiring registration under the Sex
Offender Registration Act, found guilty or given supervision
for any offense classified as a felony under the Juvenile Court
Act of 1987, convicted or found guilty of, under the Juvenile
Court Act of 1987, any offense requiring registration under the
Sex Offender Registration Act, or institutionalized as a
sexually dangerous person under the Sexually Dangerous Persons
Act, or committed as a sexually violent person under the
Sexually Violent Persons Commitment Act shall, regardless of

SB3642 - 2191 - LRB101 20589 WGH 70218 b
the sentence or disposition imposed, be required to submit
specimens of blood, saliva, or tissue to the Illinois
Department of State Police in accordance with the provisions of
this Section, provided such person is:
(1) convicted of a qualifying offense or attempt of a
qualifying offense on or after July 1, 1990 and sentenced
to a term of imprisonment, periodic imprisonment, fine,
probation, conditional discharge or any other form of
sentence, or given a disposition of court supervision for
the offense;
(1.5) found guilty or given supervision under the
Juvenile Court Act of 1987 for a qualifying offense or
attempt of a qualifying offense on or after January 1,
1997;
(2) ordered institutionalized as a sexually dangerous
person on or after July 1, 1990;
(3) convicted of a qualifying offense or attempt of a
qualifying offense before July 1, 1990 and is presently
confined as a result of such conviction in any State
correctional facility or county jail or is presently
serving a sentence of probation, conditional discharge or
periodic imprisonment as a result of such conviction;
(3.5) convicted or found guilty of any offense
classified as a felony under Illinois law or found guilty
or given supervision for such an offense under the Juvenile
Court Act of 1987 on or after August 22, 2002;

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(4) presently institutionalized as a sexually
dangerous person or presently institutionalized as a
person found guilty but mentally ill of a sexual offense or
attempt to commit a sexual offense; or
(4.5) ordered committed as a sexually violent person on
or after the effective date of the Sexually Violent Persons
Commitment Act.
(a-1) Any person incarcerated in a facility of the Illinois
Department of Corrections or the Illinois Department of
Juvenile Justice on or after August 22, 2002, whether for a
term of years, natural life, or a sentence of death, who has
not yet submitted a specimen of blood, saliva, or tissue shall
be required to submit a specimen of blood, saliva, or tissue
prior to his or her final discharge, or release on parole,
aftercare release, or mandatory supervised release, as a
condition of his or her parole, aftercare release, or mandatory
supervised release, or within 6 months from August 13, 2009
(the effective date of Public Act 96-426), whichever is sooner.
A person incarcerated on or after August 13, 2009 (the
effective date of Public Act 96-426) shall be required to
submit a specimen within 45 days of incarceration, or prior to
his or her final discharge, or release on parole, aftercare
release, or mandatory supervised release, as a condition of his
or her parole, aftercare release, or mandatory supervised
release, whichever is sooner. These specimens shall be placed
into the State or national DNA database, to be used in

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accordance with other provisions of this Section, by the
Illinois State Police.
(a-2) Any person sentenced to life imprisonment in a
facility of the Illinois Department of Corrections after the
effective date of this amendatory Act of the 94th General
Assembly or sentenced to death after the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue within 45
days after sentencing or disposition at a collection site
designated by the Illinois Department of State Police. Any
person serving a sentence of life imprisonment in a facility of
the Illinois Department of Corrections on the effective date of
this amendatory Act of the 94th General Assembly or any person
who is under a sentence of death on the effective date of this
amendatory Act of the 94th General Assembly shall be required
to provide a specimen of blood, saliva, or tissue upon request
at a collection site designated by the Illinois Department of
State Police.
(a-3) Any person seeking transfer to or residency in
Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
Code, the Interstate Compact for Adult Offender Supervision, or
the Interstate Agreements on Sexually Dangerous Persons Act
shall be required to provide a specimen of blood, saliva, or
tissue within 45 days after transfer to or residency in
Illinois at a collection site designated by the Illinois
Department of State Police.

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(a-3.1) Any person required by an order of the court to
submit a DNA specimen shall be required to provide a specimen
of blood, saliva, or tissue within 45 days after the court
order at a collection site designated by the Illinois
Department of State Police.
(a-3.2) On or after January 1, 2012 (the effective date of
Public Act 97-383), any person arrested for any of the
following offenses, after an indictment has been returned by a
grand jury, or following a hearing pursuant to Section 109-3 of
the Code of Criminal Procedure of 1963 and a judge finds there
is probable cause to believe the arrestee has committed one of
the designated offenses, or an arrestee has waived a
preliminary hearing shall be required to provide a specimen of
blood, saliva, or tissue within 14 days after such indictment
or hearing at a collection site designated by the Illinois
Department of State Police:
(A) first degree murder;
(B) home invasion;
(C) predatory criminal sexual assault of a child;
(D) aggravated criminal sexual assault; or
(E) criminal sexual assault.
(a-3.3) Any person required to register as a sex offender
under the Sex Offender Registration Act, regardless of the date
of conviction as set forth in subsection (c-5.2) shall be
required to provide a specimen of blood, saliva, or tissue
within the time period prescribed in subsection (c-5.2) at a

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collection site designated by the Illinois Department of State
Police.
(a-5) Any person who was otherwise convicted of or received
a disposition of court supervision for any other offense under
the Criminal Code of 1961 or the Criminal Code of 2012 or who
was found guilty or given supervision for such a violation
under the Juvenile Court Act of 1987, may, regardless of the
sentence imposed, be required by an order of the court to
submit specimens of blood, saliva, or tissue to the Illinois
Department of State Police in accordance with the provisions of
this Section.
(b) Any person required by paragraphs (a)(1), (a)(1.5),
(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
saliva, or tissue shall provide specimens of blood, saliva, or
tissue within 45 days after sentencing or disposition at a
collection site designated by the Illinois Department of State
Police.
(c) Any person required by paragraphs (a)(3), (a)(4), and
(a)(4.5) to provide specimens of blood, saliva, or tissue shall
be required to provide such specimens prior to final discharge
or within 6 months from August 13, 2009 (the effective date of
Public Act 96-426), whichever is sooner. These specimens shall
be placed into the State or national DNA database, to be used
in accordance with other provisions of this Act, by the
Illinois State Police.
(c-5) Any person required by paragraph (a-3) to provide

SB3642 - 2196 - LRB101 20589 WGH 70218 b
specimens of blood, saliva, or tissue shall, where feasible, be
required to provide the specimens before being accepted for
conditioned residency in Illinois under the interstate compact
or agreement, but no later than 45 days after arrival in this
State.
(c-5.2) Unless it is determined that a registered sex
offender has previously submitted a specimen of blood, saliva,
or tissue that has been placed into the State DNA database, a
person registering as a sex offender shall be required to
submit a specimen at the time of his or her initial
registration pursuant to the Sex Offender Registration Act or,
for a person registered as a sex offender on or prior to
January 1, 2012 (the effective date of Public Act 97-383),
within one year of January 1, 2012 (the effective date of
Public Act 97-383) or at the time of his or her next required
registration.
(c-6) The Illinois Department of State Police may determine
which type of specimen or specimens, blood, saliva, or tissue,
is acceptable for submission to the Division of Forensic
Services for analysis. The Illinois Department of State Police
may require the submission of fingerprints from anyone required
to give a specimen under this Act.
(d) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
blood specimens. The collection of specimens shall be performed
in a medically approved manner. Only a physician authorized to

SB3642 - 2197 - LRB101 20589 WGH 70218 b
practice medicine, a registered nurse or other qualified person
trained in venipuncture may withdraw blood for the purposes of
this Act. The specimens shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-1) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
saliva specimens. The collection of saliva specimens shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting saliva may collect saliva for the purposes of this
Section. The specimens shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.
(d-2) The Illinois Department of State Police shall provide
all equipment and instructions necessary for the collection of
tissue specimens. The collection of tissue specimens shall be
performed in a medically approved manner. Only a person trained
in the instructions promulgated by the Illinois State Police on
collecting tissue may collect tissue for the purposes of this
Section. The specimens shall thereafter be forwarded to the
Illinois Department of State Police, Division of Forensic
Services, for analysis and categorizing into genetic marker
groupings.

SB3642 - 2198 - LRB101 20589 WGH 70218 b
(d-5) To the extent that funds are available, the Illinois
Department of State Police shall contract with qualified
personnel and certified laboratories for the collection,
analysis, and categorization of known specimens, except as
provided in subsection (n) of this Section.
(d-6) Agencies designated by the Illinois Department of
State Police and the Illinois Department of State Police may
contract with third parties to provide for the collection or
analysis of DNA, or both, of an offender's blood, saliva, and
tissue specimens, except as provided in subsection (n) of this
Section.
(e) The genetic marker groupings shall be maintained by the
Illinois Department of State Police, Division of Forensic
Services.
(f) The genetic marker grouping analysis information
obtained pursuant to this Act shall be confidential and shall
be released only to peace officers of the United States, of
other states or territories, of the insular possessions of the
United States, of foreign countries duly authorized to receive
the same, to all peace officers of the State of Illinois and to
all prosecutorial agencies, and to defense counsel as provided
by Section 116-5 of the Code of Criminal Procedure of 1963. The
genetic marker grouping analysis information obtained pursuant
to this Act shall be used only for (i) valid law enforcement
identification purposes and as required by the Federal Bureau
of Investigation for participation in the National DNA

SB3642 - 2199 - LRB101 20589 WGH 70218 b
database, (ii) technology validation purposes, (iii) a
population statistics database, (iv) quality assurance
purposes if personally identifying information is removed, (v)
assisting in the defense of the criminally accused pursuant to
Section 116-5 of the Code of Criminal Procedure of 1963, or
(vi) identifying and assisting in the prosecution of a person
who is suspected of committing a sexual assault as defined in
Section 1a of the Sexual Assault Survivors Emergency Treatment
Act. Notwithstanding any other statutory provision to the
contrary, all information obtained under this Section shall be
maintained in a single State data base, which may be uploaded
into a national database, and which information may be subject
to expungement only as set forth in subsection (f-1).
(f-1) Upon receipt of notification of a reversal of a
conviction based on actual innocence, or of the granting of a
pardon pursuant to Section 12 of Article V of the Illinois
Constitution, if that pardon document specifically states that
the reason for the pardon is the actual innocence of an
individual whose DNA record has been stored in the State or
national DNA identification index in accordance with this
Section by the Illinois Department of State Police, the DNA
record shall be expunged from the DNA identification index, and
the Department shall by rule prescribe procedures to ensure
that the record and any specimens, analyses, or other documents
relating to such record, whether in the possession of the
Department or any law enforcement or police agency, or any

SB3642 - 2200 - LRB101 20589 WGH 70218 b
forensic DNA laboratory, including any duplicates or copies
thereof, are destroyed and a letter is sent to the court
verifying the expungement is completed. For specimens required
to be collected prior to conviction, unless the individual has
other charges or convictions that require submission of a
specimen, the DNA record for an individual shall be expunged
from the DNA identification databases and the specimen
destroyed upon receipt of a certified copy of a final court
order for each charge against an individual in which the charge
has been dismissed, resulted in acquittal, or that the charge
was not filed within the applicable time period. The Department
shall by rule prescribe procedures to ensure that the record
and any specimens in the possession or control of the
Department are destroyed and a letter is sent to the court
verifying the expungement is completed.
(f-5) Any person who intentionally uses genetic marker
grouping analysis information, or any other information
derived from a DNA specimen, beyond the authorized uses as
provided under this Section, or any other Illinois law, is
guilty of a Class 4 felony, and shall be subject to a fine of
not less than $5,000.
(f-6) The Illinois Department of State Police may contract
with third parties for the purposes of implementing this
amendatory Act of the 93rd General Assembly, except as provided
in subsection (n) of this Section. Any other party contracting
to carry out the functions of this Section shall be subject to

SB3642 - 2201 - LRB101 20589 WGH 70218 b
the same restrictions and requirements of this Section insofar
as applicable, as the Illinois Department of State Police, and
to any additional restrictions imposed by the Illinois
Department of State Police.
(g) For the purposes of this Section, "qualifying offense"
means any of the following:
(1) any violation or inchoate violation of Section
11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
12-16 of the Criminal Code of 1961 or the Criminal Code of
2012;
(1.1) any violation or inchoate violation of Section
9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
1961 or the Criminal Code of 2012 for which persons are
convicted on or after July 1, 2001;
(2) any former statute of this State which defined a
felony sexual offense;
(3) (blank);
(4) any inchoate violation of Section 9-3.1, 9-3.4,
11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
the Criminal Code of 2012; or
(5) any violation or inchoate violation of Article 29D
of the Criminal Code of 1961 or the Criminal Code of 2012.
(g-5) (Blank).
(h) The Illinois Department of State Police shall be the
State central repository for all genetic marker grouping

SB3642 - 2202 - LRB101 20589 WGH 70218 b
analysis information obtained pursuant to this Act. The
Illinois Department of State Police may promulgate rules for
the form and manner of the collection of blood, saliva, or
tissue specimens and other procedures for the operation of this
Act. The provisions of the Administrative Review Law shall
apply to all actions taken under the rules so promulgated.
(i) (1) A person required to provide a blood, saliva, or
tissue specimen shall cooperate with the collection of the
specimen and any deliberate act by that person intended to
impede, delay or stop the collection of the blood, saliva,
or tissue specimen is a Class 4 felony.
(2) In the event that a person's DNA specimen is not
adequate for any reason, the person shall provide another
DNA specimen for analysis. Duly authorized law enforcement
and corrections personnel may employ reasonable force in
cases in which an individual refuses to provide a DNA
specimen required under this Act.
(j) (Blank).
(k) All analysis and categorization assessments provided
under the Criminal and Traffic Assessments Act to the State
Offender DNA Identification System Fund shall be regulated as
follows:
(1) The State Offender DNA Identification System Fund
is hereby created as a special fund in the State Treasury.
(2) (Blank).
(3) Moneys deposited into the State Offender DNA

SB3642 - 2203 - LRB101 20589 WGH 70218 b
Identification System Fund shall be used by Illinois State
Police crime laboratories as designated by the Director of
the Illinois State Police. These funds shall be in addition
to any allocations made pursuant to existing laws and shall
be designated for the exclusive use of State crime
laboratories. These uses may include, but are not limited
to, the following:
(A) Costs incurred in providing analysis and
genetic marker categorization as required by
subsection (d).
(B) Costs incurred in maintaining genetic marker
groupings as required by subsection (e).
(C) Costs incurred in the purchase and maintenance
of equipment for use in performing analyses.
(D) Costs incurred in continuing research and
development of new techniques for analysis and genetic
marker categorization.
(E) Costs incurred in continuing education,
training, and professional development of forensic
scientists regularly employed by these laboratories.
(l) The failure of a person to provide a specimen, or of
any person or agency to collect a specimen, shall in no way
alter the obligation of the person to submit such specimen, or
the authority of the Illinois Department of State Police or
persons designated by the Department to collect the specimen,
or the authority of the Illinois Department of State Police to

SB3642 - 2204 - LRB101 20589 WGH 70218 b
accept, analyze and maintain the specimen or to maintain or
upload results of genetic marker grouping analysis information
into a State or national database.
(m) If any provision of this amendatory Act of the 93rd
General Assembly is held unconstitutional or otherwise
invalid, the remainder of this amendatory Act of the 93rd
General Assembly is not affected.
(n) Neither the Illinois Department of State Police, the
Division of Forensic Services, nor any laboratory of the
Division of Forensic Services may contract out forensic testing
for the purpose of an active investigation or a matter pending
before a court of competent jurisdiction without the written
consent of the prosecuting agency. For the purposes of this
subsection (n), "forensic testing" includes the analysis of
physical evidence in an investigation or other proceeding for
the prosecution of a violation of the Criminal Code of 1961 or
the Criminal Code of 2012 or for matters adjudicated under the
Juvenile Court Act of 1987, and includes the use of forensic
databases and databanks, including DNA, firearm, and
fingerprint databases, and expert testimony.
(o) Mistake does not invalidate a database match. The
detention, arrest, or conviction of a person based upon a
database match or database information is not invalidated if it
is determined that the specimen was obtained or placed in the
database by mistake.
(p) This Section may be referred to as the Illinois DNA

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Database Law of 2011.
(Source: P.A. 100-987, eff. 7-1-19.)
(730 ILCS 5/5-4-3a)
Sec. 5-4-3a. DNA testing backlog accountability.
(a) On or before August 1 of each year, the Illinois
Department of State Police shall report to the Governor and
both houses of the General Assembly the following information:
(1) the extent of the backlog of cases awaiting testing
or awaiting DNA analysis by that Department, including but
not limited to those tests conducted under Section 5-4-3,
as of June 30 of the previous fiscal year, with the backlog
being defined as all cases awaiting forensic testing
whether in the physical custody of the Illinois State
Police or in the physical custody of local law enforcement,
provided that the Illinois State Police have written notice
of any evidence in the physical custody of local law
enforcement prior to June 1 of that year; and
(2) what measures have been and are being taken to
reduce that backlog and the estimated costs or expenditures
in doing so.
(b) The information reported under this Section shall be
made available to the public, at the time it is reported, on
the official web site of the Illinois Department of State
Police.
(c) Beginning January 1, 2016, the Illinois Department of

SB3642 - 2206 - LRB101 20589 WGH 70218 b
State Police shall quarterly report on the status of the
processing of forensic biology and DNA evidence submitted to
the Illinois Department of State Police Laboratory for
analysis. The report shall be submitted to the Governor and the
General Assembly, and shall be posted on the Illinois
Department of State Police website. The report shall include
the following for each Illinois State Police Laboratory
location and any laboratory to which the Illinois Department of
State Police has outsourced evidence for testing:
(1) For forensic biology submissions, report both
total case and sexual assault or abuse case (as defined by
the Sexual Assault Evidence Submission Act) figures for:
(A) The number of cases received in the preceding
quarter.
(B) The number of cases completed in the preceding
quarter.
(C) The number of cases waiting analysis.
(D) The number of cases sent for outsourcing.
(E) The number of cases waiting analysis that were
received within the past 30 days.
(F) The number of cases waiting analysis that were
received 31 to 90 days prior.
(G) The number of cases waiting analysis that were
received 91 to 180 days prior.
(H) The number of cases waiting analysis that were
received 181 to 365 days prior.

SB3642 - 2207 - LRB101 20589 WGH 70218 b
(I) The number of cases waiting analysis that were
received more than 365 days prior.
(J) The number of cases forwarded for DNA analyses.
(2) For DNA submissions, report both total case and
sexual assault or abuse case (as defined by the Sexual
Assault Evidence Submission Act) figures for:
(A) The number of cases received in the preceding
quarter.
(B) The number of cases completed in the preceding
quarter.
(C) The number of cases waiting analysis.
(D) The number of cases sent for outsourcing.
(E) The number of cases waiting analysis that were
received within the past 30 days.
(F) The number of cases waiting analysis that were
received 31 to 90 days prior.
(G) The number of cases waiting analysis that were
received 91 to 180 days prior.
(H) The number of cases waiting analysis that were
received 181 to 365 days prior.
(I) The number of cases waiting analysis that were
received more than 365 days prior.
(3) For all other categories of testing (e.g., drug
chemistry, firearms/toolmark, footwear/tire track, latent
prints, toxicology, and trace chemistry analysis):
(A) The number of cases received in the preceding

SB3642 - 2208 - LRB101 20589 WGH 70218 b
quarter.
(B) The number of cases completed in the preceding
quarter.
(C) The number of cases waiting analysis.
(4) For the Combined DNA Index System (CODIS), report
both total case and sexual assault or abuse case (as
defined by the Sexual Assault Evidence Submission Act)
figures for subparagraphs (D), (E), and (F) of this
paragraph (4):
(A) The number of new offender samples received in
the preceding quarter.
(B) The number of offender samples uploaded to
CODIS in the preceding quarter.
(C) The number of offender samples awaiting
analysis.
(D) The number of unknown DNA case profiles
uploaded to CODIS in the preceding quarter.
(E) The number of CODIS hits in the preceding
quarter.
(F) The number of forensic evidence submissions
submitted to confirm a previously reported CODIS hit.
(5) For each category of testing, report the number of
trained forensic scientists and the number of forensic
scientists in training.
As used in this subsection (c), "completed" means
completion of both the analysis of the evidence and the

SB3642 - 2209 - LRB101 20589 WGH 70218 b
provision of the results to the submitting law enforcement
agency.
(d) The provisions of this subsection (d), other than this
sentence, are inoperative on and after January 1, 2019 or 2
years after the effective date of this amendatory Act of the
99th General Assembly, whichever is later. In consultation with
and subject to the approval of the Chief Procurement Officer,
the Illinois Department of State Police may obtain contracts
for services, commodities, and equipment to assist in the
timely completion of forensic biology, DNA, drug chemistry,
firearms/toolmark, footwear/tire track, latent prints,
toxicology, microscopy, trace chemistry, and Combined DNA
Index System (CODIS) analysis. Contracts to support the
delivery of timely forensic science services are not subject to
the provisions of the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required
under Article 50 of the Illinois Procurement Code. For any
contracts for services which are currently provided by members
of a collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning subcontracting
shall be followed.
(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
(730 ILCS 5/5-4-3b)

SB3642 - 2210 - LRB101 20589 WGH 70218 b
Sec. 5-4-3b. Electronic Laboratory Information Management
System.
(a) The Illinois Department of State Police shall obtain,
implement, and maintain an Electronic Laboratory Information
Management System (LIMS) to efficiently and effectively track
all evidence submitted for forensic testing. At a minimum, the
LIMS shall record:
(1) the criminal offense or suspected criminal offense
for which the evidence is being submitted;
(2) the law enforcement agency submitting the
evidence;
(3) the name of the victim;
(4) the law enforcement agency case number;
(5) the Illinois State Police Laboratory case number;
(6) the date the evidence was received by the Illinois
State Police Laboratory;
(7) if the Illinois State Police Laboratory sent the
evidence for analysis to another designated laboratory,
the name of the laboratory and the date the evidence was
sent to that laboratory; and
(8) the date and description of any results or
information regarding the analysis sent to the submitting
law enforcement agency by the Illinois State Police
Laboratory or any other designated laboratory.
The LIMS shall also link multiple forensic evidence
submissions pertaining to a single criminal investigation such

SB3642 - 2211 - LRB101 20589 WGH 70218 b
that evidence submitted to confirm a previously reported
Combined DNA Index System (CODIS) hit in a State or federal
database can be linked to the initial evidence submission. The
LIMS shall be such that the system provides ease of
interoperability with law enforcement agencies for evidence
submission and reporting, as well as supports expansion
capabilities for future internal networking and laboratory
operations.
(b) The Illinois Department of State Police, in
consultation with and subject to the approval of the Chief
Procurement Officer, may procure a single contract or multiple
contracts to implement the provisions of this Section. A
contract or contracts under this subsection are not subject to
the provisions of the Illinois Procurement Code, except for
Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of that
Code, provided that the Chief Procurement Officer may, in
writing with justification, waive any certification required
under Article 50 of the Illinois Procurement Code. This
exemption is inoperative 2 years from January 1, 2016 (the
effective date of Public Act 99-352).
(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
(730 ILCS 5/5-5-4) (from Ch. 38, par. 1005-5-4)
Sec. 5-5-4. Resentences.
(a) Where a conviction or sentence has been set aside on
direct review or on collateral attack, the court shall not

SB3642 - 2212 - LRB101 20589 WGH 70218 b
impose a new sentence for the same offense or for a different
offense based on the same conduct which is more severe than the
prior sentence less the portion of the prior sentence
previously satisfied unless the more severe sentence is based
upon conduct on the part of the defendant occurring after the
original sentencing. If a sentence is vacated on appeal or on
collateral attack due to the failure of the trier of fact at
trial to determine beyond a reasonable doubt the existence of a
fact (other than a prior conviction) necessary to increase the
punishment for the offense beyond the statutory maximum
otherwise applicable, either the defendant may be re-sentenced
to a term within the range otherwise provided or, if the State
files notice of its intention to again seek the extended
sentence, the defendant shall be afforded a new trial.
(b) If a conviction or sentence has been set aside on
direct review or on collateral attack and the court determines
by clear and convincing evidence that the defendant was
factually innocent of the charge, the court shall enter an
order expunging the record of arrest from the official records
of the arresting authority and order that the records of the
clerk of the circuit court and Illinois Department of State
Police be sealed until further order of the court upon good
cause shown or as otherwise provided herein, and the name of
the defendant obliterated from the official index requested to
be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and

SB3642 - 2213 - LRB101 20589 WGH 70218 b
conviction for the offense but the order shall not affect any
index issued by the circuit court clerk before the entry of the
order. The court shall enter the expungement order regardless
of whether the defendant has prior criminal convictions.
All records sealed by the Illinois Department of State
Police may be disseminated by the Department only as required
by law or to the arresting authority, the State's Attorney, the
court upon a later arrest for the same or similar offense, or
for the purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual.
Upon entry of the order of expungement, the clerk of the
circuit court shall promptly mail a copy of the order to the
person whose records were expunged and sealed.
(c) If a conviction has been vacated as a result of a claim
of actual innocence based on newly discovered evidence made
under Section 122-1 of the Code of Criminal Procedure of 1963
or Section 2-1401 of the Code of Civil Procedure, and the
provisions of paragraphs (1) and (2) of subsection (g) of
Section 2-702 of the Code of Civil Procedure are otherwise
satisfied, the court shall enter an order for a certificate of
innocence and an order expunging the conviction for which the
petitioner has been determined to be innocent as provided in
subsection (h) of Section 2-702 of the Code of Civil Procedure.
(Source: P.A. 98-133, eff. 1-1-14.)

SB3642 - 2214 - LRB101 20589 WGH 70218 b
(730 ILCS 5/5-5.5-40)
Sec. 5-5.5-40. Forms and filing.
(a) All applications, certificates, and orders of
revocation necessary for the purposes of this Article shall be
upon forms prescribed by the Chief Justice of the Supreme Court
or his or her designee. The forms relating to certificates of
relief from disabilities and certificates of good conduct shall
be distributed by the Director of the Division of Probation
Services.
(b) Any court or board issuing or revoking any certificate
under this Article shall immediately file a copy of the
certificate or of the order of revocation with the Director of
the Illinois State Police.
(Source: P.A. 96-852, eff. 1-1-10.)
(730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
Sec. 5-6-3. Conditions of probation and of conditional
discharge.
(a) The conditions of probation and of conditional
discharge shall be that the person:
(1) not violate any criminal statute of any
jurisdiction;
(2) report to or appear in person before such person or
agency as directed by the court;
(3) refrain from possessing a firearm or other

SB3642 - 2215 - LRB101 20589 WGH 70218 b
dangerous weapon where the offense is a felony or, if a
misdemeanor, the offense involved the intentional or
knowing infliction of bodily harm or threat of bodily harm;
(4) not leave the State without the consent of the
court or, in circumstances in which the reason for the
absence is of such an emergency nature that prior consent
by the court is not possible, without the prior
notification and approval of the person's probation
officer. Transfer of a person's probation or conditional
discharge supervision to another state is subject to
acceptance by the other state pursuant to the Interstate
Compact for Adult Offender Supervision;
(5) permit the probation officer to visit him at his
home or elsewhere to the extent necessary to discharge his
duties;
(6) perform no less than 30 hours of community service
and not more than 120 hours of community service, if
community service is available in the jurisdiction and is
funded and approved by the county board where the offense
was committed, where the offense was related to or in
furtherance of the criminal activities of an organized gang
and was motivated by the offender's membership in or
allegiance to an organized gang. The community service
shall include, but not be limited to, the cleanup and
repair of any damage caused by a violation of Section
21-1.3 of the Criminal Code of 1961 or the Criminal Code of

SB3642 - 2216 - LRB101 20589 WGH 70218 b
2012 and similar damage to property located within the
municipality or county in which the violation occurred.
When possible and reasonable, the community service should
be performed in the offender's neighborhood. For purposes
of this Section, "organized gang" has the meaning ascribed
to it in Section 10 of the Illinois Streetgang Terrorism
Omnibus Prevention Act. The court may give credit toward
the fulfillment of community service hours for
participation in activities and treatment as determined by
court services;
(7) if he or she is at least 17 years of age and has
been sentenced to probation or conditional discharge for a
misdemeanor or felony in a county of 3,000,000 or more
inhabitants and has not been previously convicted of a
misdemeanor or felony, may be required by the sentencing
court to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a
high school diploma or to work toward passing high school
equivalency testing or to work toward completing a
vocational training program approved by the court. The
person on probation or conditional discharge must attend a
public institution of education to obtain the educational
or vocational training required by this paragraph (7). The
court shall revoke the probation or conditional discharge
of a person who willfully wilfully fails to comply with
this paragraph (7). The person on probation or conditional

SB3642 - 2217 - LRB101 20589 WGH 70218 b
discharge shall be required to pay for the cost of the
educational courses or high school equivalency testing if a
fee is charged for those courses or testing. The court
shall resentence the offender whose probation or
conditional discharge has been revoked as provided in
Section 5-6-4. This paragraph (7) does not apply to a
person who has a high school diploma or has successfully
passed high school equivalency testing. This paragraph (7)
does not apply to a person who is determined by the court
to be a person with a developmental disability or otherwise
mentally incapable of completing the educational or
vocational program;
(8) if convicted of possession of a substance
prohibited by the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act after a previous conviction or
disposition of supervision for possession of a substance
prohibited by the Cannabis Control Act or Illinois
Controlled Substances Act or after a sentence of probation
under Section 10 of the Cannabis Control Act, Section 410
of the Illinois Controlled Substances Act, or Section 70 of
the Methamphetamine Control and Community Protection Act
and upon a finding by the court that the person is
addicted, undergo treatment at a substance abuse program
approved by the court;
(8.5) if convicted of a felony sex offense as defined

SB3642 - 2218 - LRB101 20589 WGH 70218 b
in the Sex Offender Management Board Act, the person shall
undergo and successfully complete sex offender treatment
by a treatment provider approved by the Board and conducted
in conformance with the standards developed under the Sex
Offender Management Board Act;
(8.6) if convicted of a sex offense as defined in the
Sex Offender Management Board Act, refrain from residing at
the same address or in the same condominium unit or
apartment unit or in the same condominium complex or
apartment complex with another person he or she knows or
reasonably should know is a convicted sex offender or has
been placed on supervision for a sex offense; the
provisions of this paragraph do not apply to a person
convicted of a sex offense who is placed in a Department of
Corrections licensed transitional housing facility for sex
offenders;
(8.7) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is not related to the accused and whom the
accused reasonably believes to be under 18 years of age;
for purposes of this paragraph (8.7), "Internet" has the
meaning ascribed to it in Section 16-0.1 of the Criminal

SB3642 - 2219 - LRB101 20589 WGH 70218 b
Code of 2012; and a person is not related to the accused if
the person is not: (i) the spouse, brother, or sister of
the accused; (ii) a descendant of the accused; (iii) a
first or second cousin of the accused; or (iv) a step-child
or adopted child of the accused;
(8.8) if convicted for an offense under Section 11-6,
11-9.1, 11-14.4 that involves soliciting for a juvenile
prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
of the Criminal Code of 1961 or the Criminal Code of 2012,
or any attempt to commit any of these offenses, committed
on or after June 1, 2009 (the effective date of Public Act
95-983):
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,

SB3642 - 2220 - LRB101 20589 WGH 70218 b
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
offender's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer;
(8.9) if convicted of a sex offense as defined in the
Sex Offender Registration Act committed on or after January
1, 2010 (the effective date of Public Act 96-262), refrain
from accessing or using a social networking website as
defined in Section 17-0.5 of the Criminal Code of 2012;
(9) if convicted of a felony or of any misdemeanor
violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
12-3.5 of the Criminal Code of 1961 or the Criminal Code of
2012 that was determined, pursuant to Section 112A-11.1 of
the Code of Criminal Procedure of 1963, to trigger the
prohibitions of 18 U.S.C. 922(g)(9), physically surrender
at a time and place designated by the court, his or her
Firearm Owner's Identification Card and any and all
firearms in his or her possession. The Court shall return
to the Illinois Department of State Police Firearm Owner's
Identification Card Office the person's Firearm Owner's

SB3642 - 2221 - LRB101 20589 WGH 70218 b
Identification Card;
(10) if convicted of a sex offense as defined in
subsection (a-5) of Section 3-1-2 of this Code, unless the
offender is a parent or guardian of the person under 18
years of age present in the home and no non-familial minors
are present, not participate in a holiday event involving
children under 18 years of age, such as distributing candy
or other items to children on Halloween, wearing a Santa
Claus costume on or preceding Christmas, being employed as
a department store Santa Claus, or wearing an Easter Bunny
costume on or preceding Easter;
(11) if convicted of a sex offense as defined in
Section 2 of the Sex Offender Registration Act committed on
or after January 1, 2010 (the effective date of Public Act
96-362) that requires the person to register as a sex
offender under that Act, may not knowingly use any computer
scrub software on any computer that the sex offender uses;
(12) if convicted of a violation of the Methamphetamine
Control and Community Protection Act, the Methamphetamine
Precursor Control Act, or a methamphetamine related
offense:
(A) prohibited from purchasing, possessing, or
having under his or her control any product containing
pseudoephedrine unless prescribed by a physician; and
(B) prohibited from purchasing, possessing, or
having under his or her control any product containing

SB3642 - 2222 - LRB101 20589 WGH 70218 b
ammonium nitrate; and
(13) if convicted of a hate crime involving the
protected class identified in subsection (a) of Section
12-7.1 of the Criminal Code of 2012 that gave rise to the
offense the offender committed, perform public or
community service of no less than 200 hours and enroll in
an educational program discouraging hate crimes that
includes racial, ethnic, and cultural sensitivity training
ordered by the court.
(b) The Court may in addition to other reasonable
conditions relating to the nature of the offense or the
rehabilitation of the defendant as determined for each
defendant in the proper discretion of the Court require that
the person:
(1) serve a term of periodic imprisonment under Article
7 for a period not to exceed that specified in paragraph
(d) of Section 5-7-1;
(2) pay a fine and costs;
(3) work or pursue a course of study or vocational
training;
(4) undergo medical, psychological or psychiatric
treatment; or treatment for drug addiction or alcoholism;
(5) attend or reside in a facility established for the
instruction or residence of defendants on probation;
(6) support his dependents;
(7) and in addition, if a minor:

SB3642 - 2223 - LRB101 20589 WGH 70218 b
(i) reside with his parents or in a foster home;
(ii) attend school;
(iii) attend a non-residential program for youth;
(iv) contribute to his own support at home or in a
foster home;
(v) with the consent of the superintendent of the
facility, attend an educational program at a facility
other than the school in which the offense was
committed if he or she is convicted of a crime of
violence as defined in Section 2 of the Crime Victims
Compensation Act committed in a school, on the real
property comprising a school, or within 1,000 feet of
the real property comprising a school;
(8) make restitution as provided in Section 5-5-6 of
this Code;
(9) perform some reasonable public or community
service;
(10) serve a term of home confinement. In addition to
any other applicable condition of probation or conditional
discharge, the conditions of home confinement shall be that
the offender:
(i) remain within the interior premises of the
place designated for his confinement during the hours
designated by the court;
(ii) admit any person or agent designated by the
court into the offender's place of confinement at any

SB3642 - 2224 - LRB101 20589 WGH 70218 b
time for purposes of verifying the offender's
compliance with the conditions of his confinement; and
(iii) if further deemed necessary by the court or
the Probation or Court Services Department, be placed
on an approved electronic monitoring device, subject
to Article 8A of Chapter V;
(iv) for persons convicted of any alcohol,
cannabis or controlled substance violation who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the offender to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer for
deposit in the substance abuse services fund under
Section 5-1086.1 of the Counties Code, except as
provided in an administrative order of the Chief Judge
of the circuit court.

SB3642 - 2225 - LRB101 20589 WGH 70218 b
The Chief Judge of the circuit court of the county
may by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device; and
(v) for persons convicted of offenses other than
those referenced in clause (iv) above and who are
placed on an approved monitoring device as a condition
of probation or conditional discharge, the court shall
impose a reasonable fee for each day of the use of the
device, as established by the county board in
subsection (g) of this Section, unless after
determining the inability of the defendant to pay the
fee, the court assesses a lesser fee or no fee as the
case may be. This fee shall be imposed in addition to
the fees imposed under subsections (g) and (i) of this
Section. The fee shall be collected by the clerk of the
circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The

SB3642 - 2226 - LRB101 20589 WGH 70218 b
clerk of the circuit court shall pay all monies
collected from this fee to the county treasurer who
shall use the monies collected to defray the costs of
corrections. The county treasurer shall deposit the
fee collected in the probation and court services fund.
The Chief Judge of the circuit court of the county may
by administrative order establish a program for
electronic monitoring of offenders, in which a vendor
supplies and monitors the operation of the electronic
monitoring device, and collects the fees on behalf of
the county. The program shall include provisions for
indigent offenders and the collection of unpaid fees.
The program shall not unduly burden the offender and
shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend
any additional charges or fees for late payment,
interest, or damage to any device.
(11) comply with the terms and conditions of an order
of protection issued by the court pursuant to the Illinois
Domestic Violence Act of 1986, as now or hereafter amended,
or an order of protection issued by the court of another
state, tribe, or United States territory. A copy of the
order of protection shall be transmitted to the probation
officer or agency having responsibility for the case;
(12) reimburse any "local anti-crime program" as
defined in Section 7 of the Anti-Crime Advisory Council Act

SB3642 - 2227 - LRB101 20589 WGH 70218 b
for any reasonable expenses incurred by the program on the
offender's case, not to exceed the maximum amount of the
fine authorized for the offense for which the defendant was
sentenced;
(13) contribute a reasonable sum of money, not to
exceed the maximum amount of the fine authorized for the
offense for which the defendant was sentenced, (i) to a
"local anti-crime program", as defined in Section 7 of the
Anti-Crime Advisory Council Act, or (ii) for offenses under
the jurisdiction of the Department of Natural Resources, to
the fund established by the Department of Natural Resources
for the purchase of evidence for investigation purposes and
to conduct investigations as outlined in Section 805-105 of
the Department of Natural Resources (Conservation) Law;
(14) refrain from entering into a designated
geographic area except upon such terms as the court finds
appropriate. Such terms may include consideration of the
purpose of the entry, the time of day, other persons
accompanying the defendant, and advance approval by a
probation officer, if the defendant has been placed on
probation or advance approval by the court, if the
defendant was placed on conditional discharge;
(15) refrain from having any contact, directly or
indirectly, with certain specified persons or particular
types of persons, including but not limited to members of
street gangs and drug users or dealers;

SB3642 - 2228 - LRB101 20589 WGH 70218 b
(16) refrain from having in his or her body the
presence of any illicit drug prohibited by the Cannabis
Control Act, the Illinois Controlled Substances Act, or the
Methamphetamine Control and Community Protection Act,
unless prescribed by a physician, and submit samples of his
or her blood or urine or both for tests to determine the
presence of any illicit drug;
(17) if convicted for an offense committed on or after
June 1, 2008 (the effective date of Public Act 95-464) that
would qualify the accused as a child sex offender as
defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, refrain from
communicating with or contacting, by means of the Internet,
a person who is related to the accused and whom the accused
reasonably believes to be under 18 years of age; for
purposes of this paragraph (17), "Internet" has the meaning
ascribed to it in Section 16-0.1 of the Criminal Code of
2012; and a person is related to the accused if the person
is: (i) the spouse, brother, or sister of the accused; (ii)
a descendant of the accused; (iii) a first or second cousin
of the accused; or (iv) a step-child or adopted child of
the accused;
(18) if convicted for an offense committed on or after
June 1, 2009 (the effective date of Public Act 95-983) that
would qualify as a sex offense as defined in the Sex
Offender Registration Act:

SB3642 - 2229 - LRB101 20589 WGH 70218 b
(i) not access or use a computer or any other
device with Internet capability without the prior
written approval of the offender's probation officer,
except in connection with the offender's employment or
search for employment with the prior approval of the
offender's probation officer;
(ii) submit to periodic unannounced examinations
of the offender's computer or any other device with
Internet capability by the offender's probation
officer, a law enforcement officer, or assigned
computer or information technology specialist,
including the retrieval and copying of all data from
the computer or device and any internal or external
peripherals and removal of such information,
equipment, or device to conduct a more thorough
inspection;
(iii) submit to the installation on the offender's
computer or device with Internet capability, at the
subject's expense, of one or more hardware or software
systems to monitor the Internet use; and
(iv) submit to any other appropriate restrictions
concerning the offender's use of or access to a
computer or any other device with Internet capability
imposed by the offender's probation officer; and
(19) refrain from possessing a firearm or other
dangerous weapon where the offense is a misdemeanor that

SB3642 - 2230 - LRB101 20589 WGH 70218 b
did not involve the intentional or knowing infliction of
bodily harm or threat of bodily harm.
(c) The court may as a condition of probation or of
conditional discharge require that a person under 18 years of
age found guilty of any alcohol, cannabis or controlled
substance violation, refrain from acquiring a driver's license
during the period of probation or conditional discharge. If
such person is in possession of a permit or license, the court
may require that the minor refrain from driving or operating
any motor vehicle during the period of probation or conditional
discharge, except as may be necessary in the course of the
minor's lawful employment.
(d) An offender sentenced to probation or to conditional
discharge shall be given a certificate setting forth the
conditions thereof.
(e) Except where the offender has committed a fourth or
subsequent violation of subsection (c) of Section 6-303 of the
Illinois Vehicle Code, the court shall not require as a
condition of the sentence of probation or conditional discharge
that the offender be committed to a period of imprisonment in
excess of 6 months. This 6-month limit shall not include
periods of confinement given pursuant to a sentence of county
impact incarceration under Section 5-8-1.2.
Persons committed to imprisonment as a condition of
probation or conditional discharge shall not be committed to
the Department of Corrections.

SB3642 - 2231 - LRB101 20589 WGH 70218 b
(f) The court may combine a sentence of periodic
imprisonment under Article 7 or a sentence to a county impact
incarceration program under Article 8 with a sentence of
probation or conditional discharge.
(g) An offender sentenced to probation or to conditional
discharge and who during the term of either undergoes mandatory
drug or alcohol testing, or both, or is assigned to be placed
on an approved electronic monitoring device, shall be ordered
to pay all costs incidental to such mandatory drug or alcohol
testing, or both, and all costs incidental to such approved
electronic monitoring in accordance with the defendant's
ability to pay those costs. The county board with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located shall establish reasonable fees for the
cost of maintenance, testing, and incidental expenses related
to the mandatory drug or alcohol testing, or both, and all
costs incidental to approved electronic monitoring, involved
in a successful probation program for the county. The
concurrence of the Chief Judge shall be in the form of an
administrative order. The fees shall be collected by the clerk
of the circuit court, except as provided in an administrative
order of the Chief Judge of the circuit court. The clerk of the
circuit court shall pay all moneys collected from these fees to
the county treasurer who shall use the moneys collected to
defray the costs of drug testing, alcohol testing, and
electronic monitoring. The county treasurer shall deposit the

SB3642 - 2232 - LRB101 20589 WGH 70218 b
fees collected in the county working cash fund under Section
6-27001 or Section 6-29002 of the Counties Code, as the case
may be. The Chief Judge of the circuit court of the county may
by administrative order establish a program for electronic
monitoring of offenders, in which a vendor supplies and
monitors the operation of the electronic monitoring device, and
collects the fees on behalf of the county. The program shall
include provisions for indigent offenders and the collection of
unpaid fees. The program shall not unduly burden the offender
and shall be subject to review by the Chief Judge.
The Chief Judge of the circuit court may suspend any
additional charges or fees for late payment, interest, or
damage to any device.
(h) Jurisdiction over an offender may be transferred from
the sentencing court to the court of another circuit with the
concurrence of both courts. Further transfers or retransfers of
jurisdiction are also authorized in the same manner. The court
to which jurisdiction has been transferred shall have the same
powers as the sentencing court. The probation department within
the circuit to which jurisdiction has been transferred, or
which has agreed to provide supervision, may impose probation
fees upon receiving the transferred offender, as provided in
subsection (i). For all transfer cases, as defined in Section
9b of the Probation and Probation Officers Act, the probation
department from the original sentencing court shall retain all
probation fees collected prior to the transfer. After the

SB3642 - 2233 - LRB101 20589 WGH 70218 b
transfer, all probation fees shall be paid to the probation
department within the circuit to which jurisdiction has been
transferred.
(i) The court shall impose upon an offender sentenced to
probation after January 1, 1989 or to conditional discharge
after January 1, 1992 or to community service under the
supervision of a probation or court services department after
January 1, 2004, as a condition of such probation or
conditional discharge or supervised community service, a fee of
$50 for each month of probation or conditional discharge
supervision or supervised community service ordered by the
court, unless after determining the inability of the person
sentenced to probation or conditional discharge or supervised
community service to pay the fee, the court assesses a lesser
fee. The court may not impose the fee on a minor who is placed
in the guardianship or custody of the Department of Children
and Family Services under the Juvenile Court Act of 1987 while
the minor is in placement. The fee shall be imposed only upon
an offender who is actively supervised by the probation and
court services department. The fee shall be collected by the
clerk of the circuit court. The clerk of the circuit court
shall pay all monies collected from this fee to the county
treasurer for deposit in the probation and court services fund
under Section 15.1 of the Probation and Probation Officers Act.
A circuit court may not impose a probation fee under this
subsection (i) in excess of $25 per month unless the circuit

SB3642 - 2234 - LRB101 20589 WGH 70218 b
court has adopted, by administrative order issued by the chief
judge, a standard probation fee guide determining an offender's
ability to pay. Of the amount collected as a probation fee, up
to $5 of that fee collected per month may be used to provide
services to crime victims and their families.
The Court may only waive probation fees based on an
offender's ability to pay. The probation department may
re-evaluate an offender's ability to pay every 6 months, and,
with the approval of the Director of Court Services or the
Chief Probation Officer, adjust the monthly fee amount. An
offender may elect to pay probation fees due in a lump sum. Any
offender that has been assigned to the supervision of a
probation department, or has been transferred either under
subsection (h) of this Section or under any interstate compact,
shall be required to pay probation fees to the department
supervising the offender, based on the offender's ability to
pay.
Public Act 93-970 deletes the $10 increase in the fee under
this subsection that was imposed by Public Act 93-616. This
deletion is intended to control over any other Act of the 93rd
General Assembly that retains or incorporates that fee
increase.
(i-5) In addition to the fees imposed under subsection (i)
of this Section, in the case of an offender convicted of a
felony sex offense (as defined in the Sex Offender Management
Board Act) or an offense that the court or probation department

SB3642 - 2235 - LRB101 20589 WGH 70218 b
has determined to be sexually motivated (as defined in the Sex
Offender Management Board Act), the court or the probation
department shall assess additional fees to pay for all costs of
treatment, assessment, evaluation for risk and treatment, and
monitoring the offender, based on that offender's ability to
pay those costs either as they occur or under a payment plan.
(j) All fines and costs imposed under this Section for any
violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
Code, or a similar provision of a local ordinance, and any
violation of the Child Passenger Protection Act, or a similar
provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.
(k) Any offender who is sentenced to probation or
conditional discharge for a felony sex offense as defined in
the Sex Offender Management Board Act or any offense that the
court or probation department has determined to be sexually
motivated as defined in the Sex Offender Management Board Act
shall be required to refrain from any contact, directly or
indirectly, with any persons specified by the court and shall
be available for all evaluations and treatment programs
required by the court or the probation department.
(l) The court may order an offender who is sentenced to
probation or conditional discharge for a violation of an order
of protection be placed under electronic surveillance as
provided in Section 5-8A-7 of this Code.

SB3642 - 2236 - LRB101 20589 WGH 70218 b
(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
(730 ILCS 5/5-9-1.2) (from Ch. 38, par. 1005-9-1.2)
Sec. 5-9-1.2. (a) Twelve and one-half percent of all
amounts collected as fines pursuant to Section 5-9-1.1 shall be
paid into the Youth Drug Abuse Prevention Fund, which is hereby
created in the State treasury, to be used by the Department of
Human Services for the funding of programs and services for
drug-abuse treatment, and prevention and education services,
for juveniles.
(b) Eighty-seven and one-half percent of the proceeds of
all fines received pursuant to Section 5-9-1.1 shall be
transmitted to and deposited in the treasurer's office at the
level of government as follows:
(1) If such seizure was made by a combination of law
enforcement personnel representing differing units of
local government, the court levying the fine shall
equitably allocate 50% of the fine among these units of
local government and shall allocate 37 1/2% to the county
general corporate fund. In the event that the seizure was
made by law enforcement personnel representing a unit of
local government from a municipality where the number of
inhabitants exceeds 2 million in population, the court
levying the fine shall allocate 87 1/2% of the fine to that

SB3642 - 2237 - LRB101 20589 WGH 70218 b
unit of local government. If the seizure was made by a
combination of law enforcement personnel representing
differing units of local government, and at least one of
those units represents a municipality where the number of
inhabitants exceeds 2 million in population, the court
shall equitably allocate 87 1/2% of the proceeds of the
fines received among the differing units of local
government.
(2) If such seizure was made by State law enforcement
personnel, then the court shall allocate 37 1/2% to the
State treasury and 50% to the county general corporate
fund.
(3) If a State law enforcement agency in combination
with a law enforcement agency or agencies of a unit or
units of local government conducted the seizure, the court
shall equitably allocate 37 1/2% of the fines to or among
the law enforcement agency or agencies of the unit or units
of local government which conducted the seizure and shall
allocate 50% to the county general corporate fund.
(c) The proceeds of all fines allocated to the law
enforcement agency or agencies of the unit or units of local
government pursuant to subsection (b) shall be made available
to that law enforcement agency as expendable receipts for use
in the enforcement of laws regulating controlled substances and
cannabis. The proceeds of fines awarded to the State treasury
shall be deposited in a special fund known as the Drug Traffic

SB3642 - 2238 - LRB101 20589 WGH 70218 b
Prevention Fund. Monies from this fund may be used by the
Illinois Department of State Police for use in the enforcement
of laws regulating controlled substances and cannabis; to
satisfy funding provisions of the Intergovernmental Drug Laws
Enforcement Act; and to defray costs and expenses associated
with returning violators of the Cannabis Control Act, the
Illinois Controlled Substances Act, and the Methamphetamine
Control and Community Protection Act only, as provided in those
Acts, when punishment of the crime shall be confinement of the
criminal in the penitentiary. Moneys in the Drug Traffic
Prevention Fund deposited from fines awarded as a direct result
of enforcement efforts of the Illinois Conservation Police may
be used by the Department of Natural Resources Office of Law
Enforcement for use in enforcing laws regulating controlled
substances and cannabis on Department of Natural Resources
regulated lands and waterways. All other monies shall be paid
into the general revenue fund in the State treasury.
(d) There is created in the State treasury the
Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
be equitably allocated to local law enforcement agencies to:
(1) reimburse those agencies for the costs of securing and
cleaning up sites and facilities used for the illegal
manufacture of methamphetamine; (2) defray the costs of
employing full-time or part-time peace officers from a
Metropolitan Enforcement Group or other local drug task force,
including overtime costs for those officers; and (3) defray the

SB3642 - 2239 - LRB101 20589 WGH 70218 b
costs associated with medical or dental expenses incurred by
the county resulting from the incarceration of methamphetamine
addicts in the county jail or County Department of Corrections.
(Source: P.A. 94-550, eff. 1-1-06; 94-556, eff. 9-11-05;
95-331, eff. 8-21-07.)
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)
Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of local
government or the State of Illinois, which regularly employs at
least one person engaged in the analysis of controlled
substances, cannabis, methamphetamine, or steroids for
criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to
the provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of the Cannabis Control Act,
the Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or the Steroid Control
Act shall be required to pay a criminal laboratory analysis
assessment of $100 for each adjudication. Upon verified
petition of the minor, the court may suspend payment of all or

SB3642 - 2240 - LRB101 20589 WGH 70218 b
part of the assessment if it finds that the minor does not have
the ability to pay the assessment. The parent, guardian or
legal custodian of the minor may pay some or all of such
assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory fund as provided
in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government which
maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby created
as a special fund in the State Treasury.
(f) The analysis assessment provided for in subsection (c)
of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund if
the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a crime
laboratory funded by a combination of units of local

SB3642 - 2241 - LRB101 20589 WGH 70218 b
government, the analysis assessment shall be forwarded to the
treasurer of the county where the crime laboratory is situated
if a crime laboratory fund has been established in that county.
If the unit of local government or combination of units of
local government has not established a crime laboratory fund,
then the analysis assessment shall be forwarded to the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created
pursuant to paragraphs (1) or (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use in
performing analyses; and
(3) continuing education, training and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as designated
by the Director of the Illinois State Police. These funds shall
be in addition to any allocations made pursuant to existing law

SB3642 - 2242 - LRB101 20589 WGH 70218 b
and shall be designated for the exclusive use of State crime
laboratories or for the sexual assault evidence tracking system
created under Section 50 of the Sexual Assault Evidence
Submission Act. These uses may include those enumerated in
subsection (g) of this Section.
(Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily
substance, or urine for purposes of determining whether a
violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
(b) (Blank).
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of Section 11-501 of the
Illinois Vehicle Code shall pay a crime laboratory DUI analysis

SB3642 - 2243 - LRB101 20589 WGH 70218 b
assessment of $150 for each adjudication. Upon verified
petition of the minor, the court may suspend payment of all or
part of the assessment if it finds that the minor does not have
the ability to pay the assessment. The parent, guardian, or
legal custodian of the minor may pay some or all of the
assessment on the minor's behalf.
(d) All crime laboratory DUI analysis assessments provided
for by this Section shall be collected by the clerk of the
court and forwarded to the appropriate crime laboratory DUI
fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund within
the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of
the county where the crime laboratory is situated.
(3) The State Police DUI Fund is created as a special
fund in the State Treasury.
(f) The analysis assessment provided for in subsection (c)
of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory DUI fund, or to the State Treasurer for
deposit into the State Crime Laboratory Fund if the analysis

SB3642 - 2244 - LRB101 20589 WGH 70218 b
was performed by a laboratory operated by the Illinois
Department of State Police. If the analysis was performed by a
crime laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the
treasurer of the county where the crime laboratory is situated
if a crime laboratory DUI fund has been established in that
county. If the unit of local government or combination of units
of local government has not established a crime laboratory DUI
fund, then the analysis assessment shall be forwarded to the
State Treasurer for deposit into the State Crime Laboratory
Fund.
(g) Moneys deposited into a crime laboratory DUI fund
created under paragraphs (1) and (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI
investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
shall be used by State crime laboratories as designated by the

SB3642 - 2245 - LRB101 20589 WGH 70218 b
Director of the Illinois State Police. These funds shall be in
addition to any allocations made according to existing law and
shall be designated for the exclusive use of State crime
laboratories. These uses may include those enumerated in
subsection (g) of this Section.
(Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19;
100-1161, eff. 7-1-19.)
Section 1060. The Arsonist Registration Act is amended by
changing Sections 10, 15, 20, 25, 30, 35, 45, 50, 55, 60, 70,
75, and 80 as follows:
(730 ILCS 148/10)
Sec. 10. Duty to register.
(a) An arsonist shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Illinois Department of
State Police. Such information shall include current address,
current place of employment, and school attended. The arsonist
shall register:
(1) with the chief of police in each of the
municipalities in which he or she attends school, is
employed, resides or is temporarily domiciled for a period
of time of 10 or more days, unless the municipality is the
City of Chicago, in which case he or she shall register at
a fixed location designated by the Superintendent of the

SB3642 - 2246 - LRB101 20589 WGH 70218 b
Chicago Police Department; or
(2) with the sheriff in each of the counties in which
he or she attends school, is employed, resides or is
temporarily domiciled in an unincorporated area or, if
incorporated, no police chief exists. For purposes of this
Act, the place of residence or temporary domicile is
defined as any and all places where the arsonist resides
for an aggregate period of time of 10 or more days during
any calendar year. The arsonist shall provide accurate
information as required by the Illinois Department of State
Police. That information shall include the arsonist's
current place of employment.
(a-5) An out-of-state student or out-of-state employee
shall, within 10 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Illinois Department of State Police. Such
information must include current place of employment, school
attended, and address in state of residence:
(1) with the chief of police in each of the
municipalities in which he or she attends school or is
employed for a period of time of 10 or more days or for an
aggregate period of time of more than 30 days during any
calendar year, unless the municipality is the City of
Chicago, in which case he or she shall register at a fixed
location designated by the Superintendent of the Chicago
Police Department; or

SB3642 - 2247 - LRB101 20589 WGH 70218 b
(2) with the sheriff in each of the counties in which
he or she attends school or is employed for a period of
time of 10 or more days or for an aggregate period of time
of more than 30 days during any calendar year in an
unincorporated area or, if incorporated, no police chief
exists. The out-of-state student or out-of-state employee
shall provide accurate information as required by the
Illinois Department of State Police. That information
shall include the out-of-state student's current place of
school attendance or the out-of-state employee's current
place of employment.
(b) An arsonist as defined in Section 5 of this Act,
regardless of any initial, prior, or other registration, shall,
within 10 days of beginning school, or establishing a
residence, place of employment, or temporary domicile in any
county, register in person as set forth in subsection (a) or
(a-5).
(c) The registration for any person required to register
under this Act shall be as follows:
(1) Except as provided in paragraph (3) of this
subsection (c), any person who has not been notified of his
or her responsibility to register shall be notified by a
criminal justice entity of his or her responsibility to
register. Upon notification the person must then register
within 10 days of notification of his or her requirement to
register. If notification is not made within the offender's

SB3642 - 2248 - LRB101 20589 WGH 70218 b
10 year registration requirement, and the Illinois
Department of State Police determines no evidence exists or
indicates the offender attempted to avoid registration,
the offender will no longer be required to register under
this Act.
(2) Except as provided in paragraph (3) of this
subsection (c), any person convicted on or after the
effective date of this Act shall register in person within
10 days after the entry of the sentencing order based upon
his or her conviction.
(3) Any person unable to comply with the registration
requirements of this Act because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
the effective date of this Act shall register in person
within 10 days of discharge, parole or release.
(4) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(5) The person shall pay a $10 initial registration fee
and a $5 annual renewal fee. The fees shall be used by the
registering agency for official purposes. The agency shall
establish procedures to document receipt and use of the
funds. The law enforcement agency having jurisdiction may
waive the registration fee if it determines that the person
is indigent and unable to pay the registration fee.
(d) Within 10 days after obtaining or changing employment,

SB3642 - 2249 - LRB101 20589 WGH 70218 b
a person required to register under this Section must report,
in person or in writing to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 99-755, eff. 8-5-16.)
(730 ILCS 148/15)
Sec. 15. Discharge of arsonist from penal institution. Any
arsonist who is discharged, paroled or released from a
Department of Corrections facility, a facility where such
person was placed by the Department of Corrections or another
penal institution, and whose liability for registration has not
terminated under Section 45 shall, within 10 days prior to
discharge, parole, or release from the facility or institution,
be informed of his or her duty to register in person under this
Act by the facility or institution in which he or she was
confined. The facility or institution shall also inform any
person who must register that if he or she establishes a
residence outside of the State of Illinois, is employed outside
of the State of Illinois, or attends school outside of the
State of Illinois, he or she must register in the new state
within 10 days after establishing the residence, beginning
employment, or beginning school. The facility shall require the
person to read and sign such form as may be required by the

SB3642 - 2250 - LRB101 20589 WGH 70218 b
Illinois Department of State Police stating that the duty to
register and the procedure for registration has been explained
to him or her and that he or she understands the duty to
register and the procedure for registration. The facility shall
further advise the person in writing that the failure to
register or other violation of this Act shall result in
revocation of parole, mandatory supervised release or
conditional release. The facility shall obtain information
about where the person expects to reside, work, and attend
school upon his or her discharge, parole or release and shall
report the information to the Illinois Department of State
Police. The facility shall give one copy of the form to the
person and shall send one copy to each of the law enforcement
agencies having jurisdiction where the person expects to
reside, work, and attend school upon his or her discharge,
parole or release and retain one copy for the files. Electronic
data files that include all notification form information and
photographs of arsonists being released from an Illinois
Department of Corrections facility shall be shared on a regular
basis as determined between the Illinois Department of State
Police and the Department of Corrections.
(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/20)
Sec. 20. Release of arsonist on probation. An arsonist who
is released on probation shall, prior to such release, be

SB3642 - 2251 - LRB101 20589 WGH 70218 b
informed of his or her duty to register under this Act by the
court in which he or she was convicted. The court shall also
inform any person who must register that if he or she
establishes a residence outside of the State of Illinois, is
employed outside of the State of Illinois, or attends school
outside of the State of Illinois, he or she must register in
the new state within 10 days after establishing the residence,
beginning employment, or beginning school. The court shall
require the person to read and sign such form as may be
required by the Illinois Department of State Police stating
that the duty to register and the procedure for registration
has been explained to him or her and that he or she understands
the duty to register and the procedure for registration. The
court shall further advise the person in writing that the
failure to register or other violation of this Act shall result
in probation revocation. The court shall obtain information
about where the person expects to reside, work, and attend
school upon his or her release, and shall report the
information to the Illinois Department of State Police. The
court shall give one copy of the form to the person and retain
the original in the court records. The Illinois Department of
State Police shall notify the law enforcement agencies having
jurisdiction where the person expects to reside, work and
attend school upon his or her release.
(Source: P.A. 93-949, eff. 1-1-05.)

SB3642 - 2252 - LRB101 20589 WGH 70218 b
(730 ILCS 148/25)
Sec. 25. Discharge of arsonist from hospital or other
treatment facility. Any arsonist who is discharged or released
from a hospital or other treatment facility where he or she was
confined shall be informed by the hospital or treatment
facility in which he or she was confined, prior to discharge or
release from the hospital or treatment facility, of his or her
duty to register under this Act. The facility shall require the
person to read and sign such form as may be required by the
Illinois Department of State Police stating that the duty to
register and the procedure for registration has been explained
to him or her and that he or she understands the duty to
register and the procedure for registration. The facility shall
give one copy of the form to the person, retain one copy for
its records, and forward the original to the Illinois
Department of State Police. The facility shall obtain
information about where the person expects to reside, work, and
attend school upon his or her discharge, parole, or release and
shall report the information to the Illinois Department of
State Police within 3 days. The facility or institution shall
also inform any person who must register that if he or she
establishes a residence outside of the State of Illinois, is
employed outside of the State of Illinois, or attends school
outside of the State of Illinois, he or she must register in
the new state within 10 days after establishing the residence,
beginning school, or beginning employment. The Illinois

SB3642 - 2253 - LRB101 20589 WGH 70218 b
Department of State Police shall notify the law enforcement
agencies having jurisdiction where the person expects to
reside, work, and attend school upon his or her release.
(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/30)
Sec. 30. Nonforwardable verification letter. The Illinois
Department of State Police shall mail an annual nonforwardable
verification letter to a person registered under this Act
beginning one year from the date of his or her last
registration. A person required to register under this Act who
is mailed a verification letter shall complete, sign, and
return the enclosed verification form to the Illinois
Department of State Police postmarked within 10 days after the
mailing date of the letter. A person's failure to return the
verification form to the Illinois Department of State Police
within 10 days after the mailing date of the letter shall be
considered a violation of this Act; however it is an
affirmative defense to a prosecution for failure of a person
who is required to return a verification form to the Illinois
Department of State Police if the post office fails to deliver
the verification form to the Illinois Department of State
Police or if it can be proven that the form has been lost by the
Department.
(Source: P.A. 93-949, eff. 1-1-05.)

SB3642 - 2254 - LRB101 20589 WGH 70218 b
(730 ILCS 148/35)
Sec. 35. Duty to report change of address, school, or
employment. Any person who is required to register under this
Act shall report in person to the appropriate law enforcement
agency with whom he or she last registered within one year from
the date of last registration and every year thereafter. If any
person required to register under this Act changes his or her
residence address, place of employment, or school, he or she
shall, in writing, within 10 days inform the law enforcement
agency with whom he or she last registered of his or her new
address, change in employment, or school and register with the
appropriate law enforcement agency within the time period
specified in Section 10. The law enforcement agency shall,
within 3 days of receipt, notify the Illinois Department of
State Police and the law enforcement agency having jurisdiction
of the new place of residence, change in employment, or school.
If any person required to register under this Act establishes a
residence or employment outside of the State of Illinois,
within 10 days after establishing that residence or employment,
he or she shall, in writing, inform the law enforcement agency
with which he or she last registered of his or her out-of-state
residence or employment. The law enforcement agency with which
such person last registered shall, within 3 days notice of an
address or employment change, notify the Illinois Department of
State Police. The Illinois Department of State Police shall
forward such information to the out-of-state law enforcement

SB3642 - 2255 - LRB101 20589 WGH 70218 b
agency having jurisdiction in the form and manner prescribed by
the Illinois Department of State Police.
(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/45)
Sec. 45. Duration of registration. Any person, other than a
minor who is tried and convicted in an adult criminal
prosecution for an offense for which the person is required to
register under this Act, who is required to register under this
Act shall be required to register for a period of 10 years
after conviction if not confined to a penal institution,
hospital or any other institution or facility, and if confined,
for a period of 10 years after parole, discharge or release
from any such facility. A minor who has been tried and
convicted in an adult criminal prosecution for an offense for
which the person is required to register under this Act shall
be required to register for a period of 10 years after his or
her conviction for an offense for which the person is required
to register under this Act. An arsonist who is allowed to leave
a county, State, or federal facility for the purposes of work
release, education, or overnight visitations shall be required
to register within 10 days of beginning such a program.
Liability for registration terminates at the expiration of 10
years from the date of conviction if not confined to a penal
institution, hospital or any other institution or facility and
if confined, at the expiration of 10 years from the date of

SB3642 - 2256 - LRB101 20589 WGH 70218 b
parole, discharge or release from any such facility, providing
such person does not, during that period, again become liable
to register under the provisions of this Act. In the case of a
minor who is tried and convicted in an adult criminal
prosecution, liability for registration terminates 10 years
after conviction. The Director of the Illinois State Police,
consistent with administrative rules, shall extend for 10 years
the registration period of any arsonist who fails to comply
with the provisions of this Act.
(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/50)
Sec. 50. Registration requirements. Registration as
required by this Act shall consist of a statement in writing
signed by the person giving the information that is required by
the Illinois Department of State Police, which may include the
fingerprints and must include a photograph of the person. The
registration information must include whether the person is an
arsonist. Within 3 days, the registering law enforcement agency
shall forward any required information to the Illinois
Department of State Police. The registering law enforcement
agency shall enter the information into I-CLEAR as provided in
Section 2605-378 of the Illinois Department of State Police Law
of the Civil Administrative Code of Illinois.
(Source: P.A. 93-949, eff. 1-1-05.)

SB3642 - 2257 - LRB101 20589 WGH 70218 b
(730 ILCS 148/55)
Sec. 55. Address verification requirements. The agency
having jurisdiction shall verify the address of arsonists
required to register with their agency at least once per
calendar year. The verification must be documented in I-CLEAR
in the form and manner required by the Illinois Department of
State Police.
(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/60)
Sec. 60. Public inspection of registration data.
(a) Except as otherwise provided in subsection (b), the
statements or any other information required by this Act shall
not be open to inspection by the public, or by any person other
than by a law enforcement officer or other individual as may be
authorized by law and shall include law enforcement agencies of
this State, any other state, or of the federal government.
Similar information may be requested from any law enforcement
agency of another state or of the federal government for
purposes of this Act. It is a Class B misdemeanor to permit the
unauthorized release of any information required by this Act.
(b) The Illinois Department of State Police shall furnish
to the Office of the State Fire Marshal the registration
information concerning persons who are required to register
under this Act. The Office of the State Fire Marshal shall
establish and maintain a Statewide Arsonist Database for the

SB3642 - 2258 - LRB101 20589 WGH 70218 b
purpose of making that information available to the public on
the Internet by means of a hyperlink labeled "Arsonist
Information" on the Office of the State Fire Marshal's website.
(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/70)
Sec. 70. Arsonist Registration Fund. There is created in
the State treasury the Arsonist Registration Fund. Moneys in
the Fund shall be used to cover costs incurred by the criminal
justice system to administer this Act. The Illinois Department
of State Police shall establish and promulgate rules and
procedures regarding the administration of this Fund. At least
50% of the moneys in the Fund shall be allocated by the
Department for sheriffs' offices and police departments.
(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/75)
Sec. 75. Access to State of Illinois databases. The
Illinois Department of State Police shall have access to State
of Illinois databases containing information that may help in
the identification or location of persons required to register
under this Act. Interagency agreements shall be implemented,
consistent with security and procedures established by the
State agency and consistent with the laws governing the
confidentiality of the information in the databases.
Information shall be used only for administration of this Act.

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(Source: P.A. 93-949, eff. 1-1-05.)
(730 ILCS 148/80)
Sec. 80. Applicability. Until the Illinois Department of
State Police establishes I-CLEAR throughout this State, this
Act applies only to arsonists who reside, are employed, or
attend school within the City of Chicago. Once I-CLEAR is
established throughout this State, this Act applies throughout
the State to arsonists who reside, are employed, or attend
school anywhere in this State. Any duties imposed upon the
Illinois Department of State Police by this Act are subject to
appropriation and shall not commence until I-CLEAR is
implemented throughout this State and until such time, those
duties shall be imposed upon the City of Chicago.
(Source: P.A. 93-949, eff. 1-1-05.)
Section 1065. The Sex Offender Registration Act is amended
by changing Sections 3, 4, 5, 5-5, 5-10, 6, 7, 8, 8-5, and 11 as
follows:
(730 ILCS 150/3)
Sec. 3. Duty to register.
(a) A sex offender, as defined in Section 2 of this Act, or
sexual predator shall, within the time period prescribed in
subsections (b) and (c), register in person and provide
accurate information as required by the Illinois Department of

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State Police. Such information shall include a current
photograph, current address, current place of employment, the
sex offender's or sexual predator's telephone number,
including cellular telephone number, the employer's telephone
number, school attended, all e-mail addresses, instant
messaging identities, chat room identities, and other Internet
communications identities that the sex offender uses or plans
to use, all Uniform Resource Locators (URLs) registered or used
by the sex offender, all blogs and other Internet sites
maintained by the sex offender or to which the sex offender has
uploaded any content or posted any messages or information,
extensions of the time period for registering as provided in
this Article and, if an extension was granted, the reason why
the extension was granted and the date the sex offender was
notified of the extension. The information shall also include a
copy of the terms and conditions of parole or release signed by
the sex offender and given to the sex offender by his or her
supervising officer or aftercare specialist, the county of
conviction, license plate numbers for every vehicle registered
in the name of the sex offender, the age of the sex offender at
the time of the commission of the offense, the age of the
victim at the time of the commission of the offense, and any
distinguishing marks located on the body of the sex offender. A
sex offender convicted under Section 11-6, 11-20.1, 11-20.1B,
11-20.3, or 11-21 of the Criminal Code of 1961 or the Criminal
Code of 2012 shall provide all Internet protocol (IP) addresses

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in his or her residence, registered in his or her name,
accessible at his or her place of employment, or otherwise
under his or her control or custody. If the sex offender is a
child sex offender as defined in Section 11-9.3 or 11-9.4 of
the Criminal Code of 1961 or the Criminal Code of 2012, the sex
offender shall report to the registering agency whether he or
she is living in a household with a child under 18 years of age
who is not his or her own child, provided that his or her own
child is not the victim of the sex offense. The sex offender or
sexual predator shall register:
(1) with the chief of police in the municipality in
which he or she resides or is temporarily domiciled for a
period of time of 3 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at a fixed location designated by the
Superintendent of the Chicago Police Department; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled for a period of time of
3 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the sex offender or sexual predator is employed at or
attends an institution of higher education, he or she shall
also register:
(i) with:
(A) the chief of police in the municipality in
which he or she is employed at or attends an

SB3642 - 2262 - LRB101 20589 WGH 70218 b
institution of higher education, unless the
municipality is the City of Chicago, in which case he
or she shall register at a fixed location designated by
the Superintendent of the Chicago Police Department;
or
(B) the sheriff in the county in which he or she is
employed or attends an institution of higher education
located in an unincorporated area, or if incorporated,
no police chief exists; and
(ii) with the public safety or security director of the
institution of higher education which he or she is employed
at or attends.
The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
For purposes of this Article, the place of residence or
temporary domicile is defined as any and all places where the
sex offender resides for an aggregate period of time of 3 or
more days during any calendar year. Any person required to
register under this Article who lacks a fixed address or
temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 3 days
after ceasing to have a fixed residence.
A sex offender or sexual predator who is temporarily absent
from his or her current address of registration for 3 or more
days shall notify the law enforcement agency having

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jurisdiction of his or her current registration, including the
itinerary for travel, in the manner provided in Section 6 of
this Act for notification to the law enforcement agency having
jurisdiction of change of address.
Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
The sex offender or sexual predator shall provide accurate
information as required by the Illinois Department of State
Police. That information shall include the sex offender's or
sexual predator's current place of employment.
(a-5) An out-of-state student or out-of-state employee
shall, within 3 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Illinois Department of State Police. Such
information will include current place of employment, school
attended, and address in state of residence. A sex offender
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of 2012
shall provide all Internet protocol (IP) addresses in his or
her residence, registered in his or her name, accessible at his
or her place of employment, or otherwise under his or her

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control or custody. The out-of-state student or out-of-state
employee shall register:
(1) with:
(A) the chief of police in the municipality in
which he or she attends school or is employed for a
period of time of 5 or more days or for an aggregate
period of time of more than 30 days during any calendar
year, unless the municipality is the City of Chicago,
in which case he or she shall register at a fixed
location designated by the Superintendent of the
Chicago Police Department; or
(B) the sheriff in the county in which he or she
attends school or is employed for a period of time of 5
or more days or for an aggregate period of time of more
than 30 days during any calendar year in an
unincorporated area or, if incorporated, no police
chief exists; and
(2) with the public safety or security director of the
institution of higher education he or she is employed at or
attends for a period of time of 5 or more days or for an
aggregate period of time of more than 30 days during a
calendar year.
The registration fees shall only apply to the municipality
or county of primary registration, and not to campus
registration.
The out-of-state student or out-of-state employee shall

SB3642 - 2265 - LRB101 20589 WGH 70218 b
provide accurate information as required by the Illinois
Department of State Police. That information shall include the
out-of-state student's current place of school attendance or
the out-of-state employee's current place of employment.
(a-10) Any law enforcement agency registering sex
offenders or sexual predators in accordance with subsections
(a) or (a-5) of this Section shall forward to the Attorney
General a copy of sex offender registration forms from persons
convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
11-21 of the Criminal Code of 1961 or the Criminal Code of
2012, including periodic and annual registrations under
Section 6 of this Act.
(b) Any sex offender, as defined in Section 2 of this Act,
or sexual predator, regardless of any initial, prior, or other
registration, shall, within 3 days of beginning school, or
establishing a residence, place of employment, or temporary
domicile in any county, register in person as set forth in
subsection (a) or (a-5).
(c) The registration for any person required to register
under this Article shall be as follows:
(1) Any person registered under the Habitual Child Sex
Offender Registration Act or the Child Sex Offender
Registration Act prior to January 1, 1996, shall be deemed
initially registered as of January 1, 1996; however, this
shall not be construed to extend the duration of
registration set forth in Section 7.

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(2) Except as provided in subsection (c)(2.1) or
(c)(4), any person convicted or adjudicated prior to
January 1, 1996, whose liability for registration under
Section 7 has not expired, shall register in person prior
to January 31, 1996.
(2.1) A sex offender or sexual predator, who has never
previously been required to register under this Act, has a
duty to register if the person has been convicted of any
felony offense after July 1, 2011. A person who previously
was required to register under this Act for a period of 10
years and successfully completed that registration period
has a duty to register if: (i) the person has been
convicted of any felony offense after July 1, 2011, and
(ii) the offense for which the 10 year registration was
served currently requires a registration period of more
than 10 years. Notification of an offender's duty to
register under this subsection shall be pursuant to Section
5-7 of this Act.
(2.5) Except as provided in subsection (c)(4), any
person who has not been notified of his or her
responsibility to register shall be notified by a criminal
justice entity of his or her responsibility to register.
Upon notification the person must then register within 3
days of notification of his or her requirement to register.
Except as provided in subsection (c)(2.1), if notification
is not made within the offender's 10 year registration

SB3642 - 2267 - LRB101 20589 WGH 70218 b
requirement, and the Illinois Department of State Police
determines no evidence exists or indicates the offender
attempted to avoid registration, the offender will no
longer be required to register under this Act.
(3) Except as provided in subsection (c)(4), any person
convicted on or after January 1, 1996, shall register in
person within 3 days after the entry of the sentencing
order based upon his or her conviction.
(4) Any person unable to comply with the registration
requirements of this Article because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
January 1, 1996, shall register in person within 3 days of
discharge, parole or release.
(5) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(6) The person shall pay a $100 initial registration
fee and a $100 annual renewal fee to the registering law
enforcement agency having jurisdiction. The registering
agency may waive the registration fee if it determines that
the person is indigent and unable to pay the registration
fee. Thirty-five dollars for the initial registration fee
and $35 of the annual renewal fee shall be retained and
used by the registering agency for official purposes.
Having retained $35 of the initial registration fee and $35
of the annual renewal fee, the registering agency shall

SB3642 - 2268 - LRB101 20589 WGH 70218 b
remit the remainder of the fee to State agencies within 30
days of receipt for deposit into the State funds as
follows:
(A) Five dollars of the initial registration fee
and $5 of the annual fee shall be remitted to the State
Treasurer who shall deposit the moneys into the Sex
Offender Management Board Fund under Section 19 of the
Sex Offender Management Board Act. Money deposited
into the Sex Offender Management Board Fund shall be
administered by the Sex Offender Management Board and
shall be used by the Board to comply with the
provisions of the Sex Offender Management Board Act.
(B) Thirty dollars of the initial registration fee
and $30 of the annual renewal fee shall be remitted to
the Illinois Department of State Police which shall
deposit the moneys into the Offender Registration
Fund.
(C) Thirty dollars of the initial registration fee
and $30 of the annual renewal fee shall be remitted to
the Attorney General who shall deposit the moneys into
the Attorney General Sex Offender Awareness, Training,
and Education Fund. Moneys deposited into the Fund
shall be used by the Attorney General to administer the
I-SORT program and to alert and educate the public,
victims, and witnesses of their rights under various
victim notification laws and for training law

SB3642 - 2269 - LRB101 20589 WGH 70218 b
enforcement agencies, State's Attorneys, and medical
providers of their legal duties concerning the
prosecution and investigation of sex offenses.
The registering agency shall establish procedures to
document the receipt and remittance of the $100 initial
registration fee and $100 annual renewal fee.
(d) Within 3 days after obtaining or changing employment
and, if employed on January 1, 2000, within 5 days after that
date, a person required to register under this Section must
report, in person to the law enforcement agency having
jurisdiction, the business name and address where he or she is
employed. If the person has multiple businesses or work
locations, every business and work location must be reported to
the law enforcement agency having jurisdiction.
(Source: P.A. 101-571, eff. 8-23-19.)
(730 ILCS 150/4) (from Ch. 38, par. 224)
Sec. 4. Discharge of sex offender, as defined in Section 2
of this Act, or sexual predator from Department of Corrections
facility or other penal institution; duties of official in
charge. Any sex offender, as defined in Section 2 of this Act,
or sexual predator, as defined by this Article, who is
discharged, paroled or released from a Department of
Corrections or Department of Juvenile Justice facility, a
facility where such person was placed by the Department of
Corrections or Department of Juvenile Justice or another penal

SB3642 - 2270 - LRB101 20589 WGH 70218 b
institution, and whose liability for registration has not
terminated under Section 7 shall, prior to discharge, parole or
release from the facility or institution, be informed of his or
her duty to register in person within 3 days of release by the
facility or institution in which he or she was confined. The
facility or institution shall also inform any person who must
register that if he or she establishes a residence outside of
the State of Illinois, is employed outside of the State of
Illinois, or attends school outside of the State of Illinois,
he or she must register in the new state within 3 days after
establishing the residence, beginning employment, or beginning
school.
The facility shall require the person to read and sign such
form as may be required by the Illinois Department of State
Police stating that the duty to register and the procedure for
registration has been explained to him or her and that he or
she understands the duty to register and the procedure for
registration. The facility shall further advise the person in
writing that the failure to register or other violation of this
Article shall result in revocation of parole, aftercare
release, mandatory supervised release or conditional release.
The facility shall obtain information about where the person
expects to reside, work, and attend school upon his or her
discharge, parole or release and shall report the information
to the Illinois Department of State Police. The facility shall
give one copy of the form to the person and shall send one copy

SB3642 - 2271 - LRB101 20589 WGH 70218 b
to each of the law enforcement agencies having jurisdiction
where the person expects to reside, work, and attend school
upon his or her discharge, parole or release and retain one
copy for the files. Electronic data files which includes all
notification form information and photographs of sex offenders
being released from an Illinois Department of Corrections or
Illinois Department of Juvenile Justice facility will be shared
on a regular basis as determined between the Illinois
Department of State Police, the Department of Corrections, and
Department of Juvenile Justice.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 150/5) (from Ch. 38, par. 225)
Sec. 5. Release of sex offender, as defined in Section 2 of
this Act, or sexual predator; duties of the Court. Any sex
offender, as defined in Section 2 of this Act, or sexual
predator, as defined by this Article, who is released on
probation or discharged upon payment of a fine because of the
commission of one of the offenses defined in subsection (B) of
Section 2 of this Article, shall, prior to such release be
informed of his or her duty to register under this Article by
the Court in which he or she was convicted. The Court shall
also inform any person who must register that if he or she
establishes a residence outside of the State of Illinois, is
employed outside of the State of Illinois, or attends school
outside of the State of Illinois, he or she must register in

SB3642 - 2272 - LRB101 20589 WGH 70218 b
the new state within 3 days after establishing the residence,
beginning employment, or beginning school. The Court shall
require the person to read and sign such form as may be
required by the Illinois Department of State Police stating
that the duty to register and the procedure for registration
has been explained to him or her and that he or she understands
the duty to register and the procedure for registration. The
Court shall further advise the person in writing that the
failure to register or other violation of this Article shall
result in probation revocation. The Court shall obtain
information about where the person expects to reside, work, and
attend school upon his or her release, and shall report the
information to the Illinois Department of State Police. The
Court shall give one copy of the form to the person and retain
the original in the court records. The Illinois Department of
State Police shall notify the law enforcement agencies having
jurisdiction where the person expects to reside, work and
attend school upon his or her release.
(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
(730 ILCS 150/5-5)
Sec. 5-5. Discharge of sex offender or sexual predator from
a hospital or other treatment facility; duties of the official
in charge. Any sex offender, as defined in Section 2 of this
Act, or sexual predator, as defined in this Article, who is
discharged or released from a hospital or other treatment

SB3642 - 2273 - LRB101 20589 WGH 70218 b
facility where he or she was confined shall be informed by the
hospital or treatment facility in which he or she was confined,
prior to discharge or release from the hospital or treatment
facility, of his or her duty to register under this Article.
The facility shall require the person to read and sign such
form as may be required by the Illinois Department of State
Police stating that the duty to register and the procedure for
registration has been explained to him or her and that he or
she understands the duty to register and the procedure for
registration. The facility shall give one copy of the form to
the person, retain one copy for their records, and forward the
original to the Illinois Department of State Police. The
facility shall obtain information about where the person
expects to reside, work, and attend school upon his or her
discharge, parole, or release and shall report the information
to the Illinois Department of State Police within 3 days. The
facility or institution shall also inform any person who must
register that if he or she establishes a residence outside of
the State of Illinois, is employed outside of the State of
Illinois, or attends school outside of the State of Illinois,
he or she must register in the new state within 3 days after
establishing the residence, beginning school, or beginning
employment. The Illinois Department of State Police shall
notify the law enforcement agencies having jurisdiction where
the person expects to reside, work, and attend school upon his
or her release.

SB3642 - 2274 - LRB101 20589 WGH 70218 b
(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
(730 ILCS 150/5-10)
Sec. 5-10. Nonforwardable verification letters. The
Illinois Department of State Police shall mail a quarterly
nonforwardable verification letter to each registered person
who has been adjudicated to be sexually dangerous or is a
sexually violent person and is later released, or found to be
no longer sexually dangerous or no longer a sexually violent
person and discharged, beginning 90 days from the date of his
or her last registration. To any other person registered under
this Article, the Illinois Department of State Police shall
mail an annual nonforwardable verification letter, beginning
one year from the date of his or her last registration. A
person required to register under this Article who is mailed a
verification letter shall complete, sign, and return the
enclosed verification form to the Illinois Department of State
Police postmarked within 10 days after the mailing date of the
letter. A person's failure to return the verification form to
the Illinois Department of State Police within 10 days after
the mailing date of the letter shall be considered a violation
of this Article.
(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
(730 ILCS 150/6)
Sec. 6. Duty to report; change of address, school, or

SB3642 - 2275 - LRB101 20589 WGH 70218 b
employment; duty to inform. A person who has been adjudicated
to be sexually dangerous or is a sexually violent person and is
later released, or found to be no longer sexually dangerous or
no longer a sexually violent person and discharged, or
convicted of a violation of this Act after July 1, 2005, shall
report in person to the law enforcement agency with whom he or
she last registered no later than 90 days after the date of his
or her last registration and every 90 days thereafter and at
such other times at the request of the law enforcement agency
not to exceed 4 times a year. Such sexually dangerous or
sexually violent person must report all new or changed e-mail
addresses, all new or changed instant messaging identities, all
new or changed chat room identities, and all other new or
changed Internet communications identities that the sexually
dangerous or sexually violent person uses or plans to use, all
new or changed Uniform Resource Locators (URLs) registered or
used by the sexually dangerous or sexually violent person, and
all new or changed blogs and other Internet sites maintained by
the sexually dangerous or sexually violent person or to which
the sexually dangerous or sexually violent person has uploaded
any content or posted any messages or information. Any person
who lacks a fixed residence must report weekly, in person, to
the appropriate law enforcement agency where the sex offender
is located. Any other person who is required to register under
this Article shall report in person to the appropriate law
enforcement agency with whom he or she last registered within

SB3642 - 2276 - LRB101 20589 WGH 70218 b
one year from the date of last registration and every year
thereafter and at such other times at the request of the law
enforcement agency not to exceed 4 times a year. If any person
required to register under this Article lacks a fixed residence
or temporary domicile, he or she must notify, in person, the
agency of jurisdiction of his or her last known address within
3 days after ceasing to have a fixed residence and if the
offender leaves the last jurisdiction of residence, he or she,
must within 3 days after leaving register in person with the
new agency of jurisdiction. If any other person required to
register under this Article changes his or her residence
address, place of employment, telephone number, cellular
telephone number, or school, he or she shall report in person,
to the law enforcement agency with whom he or she last
registered, his or her new address, change in employment,
telephone number, cellular telephone number, or school, all new
or changed e-mail addresses, all new or changed instant
messaging identities, all new or changed chat room identities,
and all other new or changed Internet communications identities
that the sex offender uses or plans to use, all new or changed
Uniform Resource Locators (URLs) registered or used by the sex
offender, and all new or changed blogs and other Internet sites
maintained by the sex offender or to which the sex offender has
uploaded any content or posted any messages or information, and
register, in person, with the appropriate law enforcement
agency within the time period specified in Section 3. If the

SB3642 - 2277 - LRB101 20589 WGH 70218 b
sex offender is a child sex offender as defined in Section
11-9.3 or 11-9.4 of the Criminal Code of 1961 or the Criminal
Code of 2012, the sex offender shall within 3 days after
beginning to reside in a household with a child under 18 years
of age who is not his or her own child, provided that his or her
own child is not the victim of the sex offense, report that
information to the registering law enforcement agency. The law
enforcement agency shall, within 3 days of the reporting in
person by the person required to register under this Article,
notify the Illinois Department of State Police of the new place
of residence, change in employment, telephone number, cellular
telephone number, or school.
If any person required to register under this Article
intends to establish a residence or employment outside of the
State of Illinois, at least 10 days before establishing that
residence or employment, he or she shall report in person to
the law enforcement agency with which he or she last registered
of his or her out-of-state intended residence or employment.
The law enforcement agency with which such person last
registered shall, within 3 days after the reporting in person
of the person required to register under this Article of an
address or employment change, notify the Illinois Department of
State Police. The Illinois Department of State Police shall
forward such information to the out-of-state law enforcement
agency having jurisdiction in the form and manner prescribed by
the Illinois Department of State Police.

SB3642 - 2278 - LRB101 20589 WGH 70218 b
(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
97-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
(730 ILCS 150/7) (from Ch. 38, par. 227)
Sec. 7. Duration of registration. A person who has been
adjudicated to be sexually dangerous and is later released or
found to be no longer sexually dangerous and discharged, shall
register for the period of his or her natural life. A sexually
violent person or sexual predator shall register for the period
of his or her natural life after conviction or adjudication if
not confined to a penal institution, hospital, or other
institution or facility, and if confined, for the period of his
or her natural life after parole, discharge, or release from
any such facility. A person who becomes subject to registration
under paragraph (2.1) of subsection (c) of Section 3 of this
Article who has previously been subject to registration under
this Article shall register for the period currently required
for the offense for which the person was previously registered
if not confined to a penal institution, hospital, or other
institution or facility, and if confined, for the same period
after parole, discharge, or release from any such facility.
Except as otherwise provided in this Section, a person who
becomes subject to registration under this Article who has
previously been subject to registration under this Article or
under the Murderer and Violent Offender Against Youth
Registration Act or similar registration requirements of other

SB3642 - 2279 - LRB101 20589 WGH 70218 b
jurisdictions shall register for the period of his or her
natural life if not confined to a penal institution, hospital,
or other institution or facility, and if confined, for the
period of his or her natural life after parole, discharge, or
release from any such facility. Any other person who is
required to register under this Article shall be required to
register for a period of 10 years after conviction or
adjudication if not confined to a penal institution, hospital
or any other institution or facility, and if confined, for a
period of 10 years after parole, discharge or release from any
such facility. A sex offender who is allowed to leave a county,
State, or federal facility for the purposes of work release,
education, or overnight visitations shall be required to
register within 3 days of beginning such a program. Liability
for registration terminates at the expiration of 10 years from
the date of conviction or adjudication if not confined to a
penal institution, hospital or any other institution or
facility and if confined, at the expiration of 10 years from
the date of parole, discharge or release from any such
facility, providing such person does not, during that period,
again become liable to register under the provisions of this
Article. Reconfinement due to a violation of parole or other
circumstances that relates to the original conviction or
adjudication shall extend the period of registration to 10
years after final parole, discharge, or release. Reconfinement
due to a violation of parole, a conviction reviving

SB3642 - 2280 - LRB101 20589 WGH 70218 b
registration, or other circumstances that do not relate to the
original conviction or adjudication shall toll the running of
the balance of the 10-year period of registration, which shall
not commence running until after final parole, discharge, or
release. The Director of the Illinois State Police, consistent
with administrative rules, shall extend for 10 years the
registration period of any sex offender, as defined in Section
2 of this Act, who fails to comply with the provisions of this
Article. The registration period for any sex offender who fails
to comply with any provision of the Act shall extend the period
of registration by 10 years beginning from the first date of
registration after the violation. If the registration period is
extended, the Illinois Department of State Police shall send a
registered letter to the law enforcement agency where the sex
offender resides within 3 days after the extension of the
registration period. The sex offender shall report to that law
enforcement agency and sign for that letter. One copy of that
letter shall be kept on file with the law enforcement agency of
the jurisdiction where the sex offender resides and one copy
shall be returned to the Illinois Department of State Police.
(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12; 97-813,
eff. 7-13-12.)
(730 ILCS 150/8) (from Ch. 38, par. 228)
Sec. 8. Registration and DNA submission requirements.
(a) Registration. Registration as required by this Article

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shall consist of a statement in writing signed by the person
giving the information that is required by the Illinois
Department of State Police, which may include the fingerprints
and must include a current photograph of the person, to be
updated annually. If the sex offender is a child sex offender
as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
1961 or the Criminal Code of 2012, he or she shall sign a
statement that he or she understands that according to Illinois
law as a child sex offender he or she may not reside within 500
feet of a school, park, or playground. The offender may also
not reside within 500 feet of a facility providing services
directed exclusively toward persons under 18 years of age
unless the sex offender meets specified exemptions. The
registration information must include whether the person is a
sex offender as defined in the Sex Offender Community
Notification Law. Within 3 days, the registering law
enforcement agency shall forward any required information to
the Illinois Department of State Police. The registering law
enforcement agency shall enter the information into the Law
Enforcement Agencies Data System (LEADS) as provided in
Sections 6 and 7 of the Intergovernmental Missing Child
Recovery Act of 1984.
(b) DNA submission. Every person registering as a sex
offender pursuant to this Act, regardless of the date of
conviction or the date of initial registration who is required
to submit specimens of blood, saliva, or tissue for DNA

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analysis as required by subsection (a) of Section 5-4-3 of the
Unified Code of Corrections shall submit the specimens as
required by that Section. Registered sex offenders who have
previously submitted a DNA specimen which has been uploaded to
the Illinois DNA database shall not be required to submit an
additional specimen pursuant to this Section.
(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
(730 ILCS 150/8-5)
Sec. 8-5. Verification requirements.
(a) Address verification. The agency having jurisdiction
shall verify the address of sex offenders, as defined in
Section 2 of this Act, or sexual predators required to register
with their agency at least once per year. The verification must
be documented in LEADS in the form and manner required by the
Illinois Department of State Police.
(a-5) Internet Protocol address verification. The agency
having jurisdiction may verify the Internet protocol (IP)
address of sex offenders, as defined in Section 2 of this Act,
who are required to register with their agency under Section 3
of this Act. A copy of any such verification must be sent to
the Attorney General for entrance in the Illinois Cyber-crimes
Location Database pursuant to Section 5-4-3.2 of the Unified
Code of Corrections.
(b) Registration verification. The supervising officer or
aftercare specialist, shall, within 15 days of sentencing to

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probation or release from an Illinois Department of Corrections
or Illinois Department of Juvenile Justice facility or other
penal institution, contact the law enforcement agency in the
jurisdiction in which the sex offender or sexual predator
designated as his or her intended residence and verify
compliance with the requirements of this Act. Revocation
proceedings shall be immediately commenced against a sex
offender or sexual predator on probation, parole, aftercare
release, or mandatory supervised release who fails to comply
with the requirements of this Act.
(c) In an effort to ensure that sexual predators and sex
offenders who fail to respond to address-verification attempts
or who otherwise abscond from registration are located in a
timely manner, the Illinois Department of State Police shall
share information with local law enforcement agencies. The
Department shall use analytical resources to assist local law
enforcement agencies to determine the potential whereabouts of
any sexual predator or sex offender who fails to respond to
address-verification attempts or who otherwise absconds from
registration. The Department shall review and analyze all
available information concerning any such predator or offender
who fails to respond to address-verification attempts or who
otherwise absconds from registration and provide the
information to local law enforcement agencies in order to
assist the agencies in locating and apprehending the sexual
predator or sex offender.

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(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 150/11)
Sec. 11. Offender Registration Fund. There is created the
Offender Registration Fund (formerly known as the Sex Offender
Registration Fund). Moneys in the Fund shall be used to cover
costs incurred by the criminal justice system to administer
this Article and the Murderer and Violent Offender Against
Youth Registration Act, and for purposes as authorized under
Section 5-9-1.15 of the Unified Code of Corrections. The
Illinois Department of State Police shall establish and
promulgate rules and procedures regarding the administration
of this Fund. Fifty percent of the moneys in the Fund shall be
allocated by the Department for sheriffs' offices and police
departments. The remaining moneys in the Fund received under
this amendatory Act of the 101st General Assembly shall be
allocated to the Illinois State Police for education and
administration of the Act.
(Source: P.A. 101-571, eff. 8-23-19.)
Section 1070. The Sex Offender Community Notification Law
is amended by changing Sections 115, 116, 117, 120, and 121 as
follows:
(730 ILCS 152/115)
Sec. 115. Sex offender database.

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(a) The Illinois Department of State Police shall establish
and maintain a Statewide Sex Offender Database for the purpose
of identifying sex offenders and making that information
available to the persons specified in Sections 120 and 125 of
this Law. The Database shall be created from the Law
Enforcement Agencies Data System (LEADS) established under
Section 6 of the Intergovernmental Missing Child Recovery Act
of 1984. The Illinois Department of State Police shall examine
its LEADS database for persons registered as sex offenders
under the Sex Offender Registration Act and shall identify
those who are sex offenders and shall add all the information,
including photographs if available, on those sex offenders to
the Statewide Sex Offender Database.
(b) The Illinois Department of State Police must make the
information contained in the Statewide Sex Offender Database
accessible on the Internet by means of a hyperlink labeled "Sex
Offender Information" on the Department's World Wide Web home
page. The Department must make the information contained in the
Statewide Sex Offender Database searchable via a mapping system
which identifies registered sex offenders living within 5 miles
of an identified address. The Illinois Department of State
Police must update that information as it deems necessary.
The Illinois Department of State Police may require that a
person who seeks access to the sex offender information submit
biographical information about himself or herself before
permitting access to the sex offender information. The Illinois

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Department of State Police must promulgate rules in accordance
with the Illinois Administrative Procedure Act to implement
this subsection (b) and those rules must include procedures to
ensure that the information in the database is accurate.
(c) The Illinois Department of State Police, Sex Offender
Registration Unit, must develop and conduct training to educate
all those entities involved in the Sex Offender Registration
Program.
(Source: P.A. 93-979, eff. 8-20-04; 94-994, eff. 1-1-07.)
(730 ILCS 152/116)
Sec. 116. Missing Sex Offender Database.
(a) The Illinois Department of State Police shall establish
and maintain a Statewide Missing Sex Offender Database for the
purpose of identifying missing sex offenders and making that
information available to the persons specified in Sections 120
and 125 of this Law. The Database shall be created from the Law
Enforcement Agencies Data System (LEADS) established under
Section 6 of the Intergovernmental Missing Child Recovery Act
of 1984. The Illinois Department of State Police shall examine
its LEADS database for persons registered as sex offenders
under the Sex Offender Registration Act and shall identify
those who are sex offenders and who have not complied with the
provisions of Section 6 of that Act or whose address can not be
verified under Section 8-5 of that Act and shall add all the
information, including photographs if available, on those

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missing sex offenders to the Statewide Sex Offender Database.
(b) The Illinois Department of State Police must make the
information contained in the Statewide Missing Sex Offender
Database accessible on the Internet by means of a hyperlink
labeled "Missing Sex Offender Information" on the Department's
World Wide Web home page and on the Attorney General's I-SORT
page. The Illinois Department of State Police must update that
information as it deems necessary. The Internet page shall also
include information that rewards may be available to persons
who inform the Illinois Department of State Police or a local
law enforcement agency of the whereabouts of a missing sex
offender.
The Illinois Department of State Police may require that a
person who seeks access to the missing sex offender information
submit biographical information about himself or herself
before permitting access to the missing sex offender
information. The Illinois Department of State Police must
promulgate rules in accordance with the Illinois
Administrative Procedure Act to implement this subsection (b)
and those rules must include procedures to ensure that the
information in the database is accurate.
(c) The Illinois Department of State Police, Sex Offender
Registration Unit, must develop and conduct training to educate
all those entities involved in the Missing Sex Offender
Registration Program.
(Source: P.A. 98-921, eff. 8-15-14.)

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(730 ILCS 152/117)
Sec. 117. The Illinois Department of State Police shall
promulgate rules to develop a list of sex offenders covered by
this Act and a list of child care facilities, schools, and
institutions of higher education eligible to receive notice
under this Act, so that the list can be disseminated in a
timely manner to law enforcement agencies having jurisdiction.
(Source: P.A. 92-828, eff. 8-22-02.)
(730 ILCS 152/120)
Sec. 120. Community notification of sex offenders.
(a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
place of employment, school attended, e-mail addresses,
instant messaging identities, chat room identities, other
Internet communications identities, all Uniform Resource
Locators (URLs) registered or used by the sex offender, all
blogs and other Internet sites maintained by the sex offender
or to which the sex offender has uploaded any content or posted
any messages or information, and offense or adjudication of all
sex offenders required to register under Section 3 of the Sex
Offender Registration Act:
(1) The boards of institutions of higher education or
other appropriate administrative offices of each
non-public institution of higher education located in the

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county where the sex offender is required to register,
resides, is employed, or is attending an institution of
higher education;
(2) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located in the county where the sex
offender is required to register or is employed;
(3) Child care facilities located in the county where
the sex offender is required to register or is employed;
(4) Libraries located in the county where the sex
offender is required to register or is employed;
(5) Public libraries located in the county where the
sex offender is required to register or is employed;
(6) Public housing agencies located in the county where
the sex offender is required to register or is employed;
(7) The Illinois Department of Children and Family
Services;
(8) Social service agencies providing services to
minors located in the county where the sex offender is
required to register or is employed;
(9) Volunteer organizations providing services to
minors located in the county where the sex offender is
required to register or is employed; and
(10) A victim of a sex offense residing in the county
where the sex offender is required to register or is
employed, who is not otherwise required to be notified

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under Section 4.5 of the Rights of Crime Victims and
Witnesses Act or Section 75 of the Sexually Violent Persons
Commitment Act.
(a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, place of
employment, school attended, e-mail addresses, instant
messaging identities, chat room identities, other Internet
communications identities, all Uniform Resource Locators
(URLs) registered or used by the sex offender, all blogs and
other Internet sites maintained by the sex offender or to which
the sex offender has uploaded any content or posted any
messages or information, and offense or adjudication of all sex
offenders required to register under Section 3 of the Sex
Offender Registration Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located within the region of Cook
County, as those public school districts and nonpublic
schools are identified in LEADS, other than the City of
Chicago, where the sex offender is required to register or
is employed;
(2) Child care facilities located within the region of
Cook County, as those child care facilities are identified
in LEADS, other than the City of Chicago, where the sex
offender is required to register or is employed;
(3) The boards of institutions of higher education or

SB3642 - 2291 - LRB101 20589 WGH 70218 b
other appropriate administrative offices of each
non-public institution of higher education located in the
county, other than the City of Chicago, where the sex
offender is required to register, resides, is employed, or
attending an institution of higher education;
(4) Libraries located in the county, other than the
City of Chicago, where the sex offender is required to
register, resides, is employed, or is attending an
institution of higher education;
(5) Public libraries located in the county, other than
the City of Chicago, where the sex offender is required to
register, resides, is employed, or attending an
institution of higher education;
(6) Public housing agencies located in the county,
other than the City of Chicago, where the sex offender is
required to register, resides, is employed, or attending an
institution of higher education;
(7) The Illinois Department of Children and Family
Services;
(8) Social service agencies providing services to
minors located in the county, other than the City of
Chicago, where the sex offender is required to register,
resides, is employed, or attending an institution of higher
education;
(9) Volunteer organizations providing services to
minors located in the county, other than the City of

SB3642 - 2292 - LRB101 20589 WGH 70218 b
Chicago, where the sex offender is required to register,
resides, is employed, or attending an institution of higher
education; and
(10) A victim of a sex offense residing in the county,
other than the City of Chicago, where the sex offender is
required to register, resides, is employed, or attends an
institution of higher education, who is not otherwise
required to be notified under Section 4.5 of the Rights of
Crime Victims and Witnesses Act or Section 75 of the
Sexually Violent Persons Commitment Act.
(a-3) The Chicago Police Department shall disclose to the
following the name, address, date of birth, place of
employment, school attended, e-mail addresses, instant
messaging identities, chat room identities, other Internet
communications identities, all Uniform Resource Locators
(URLs) registered or used by the sex offender, all blogs and
other Internet sites maintained by the sex offender or to which
the sex offender has uploaded any content or posted any
messages or information, and offense or adjudication of all sex
offenders required to register under Section 3 of the Sex
Offender Registration Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located in the police district where
the sex offender is required to register or is employed if
the offender is required to register or is employed in the

SB3642 - 2293 - LRB101 20589 WGH 70218 b
City of Chicago;
(2) Child care facilities located in the police
district where the sex offender is required to register or
is employed if the offender is required to register or is
employed in the City of Chicago;
(3) The boards of institutions of higher education or
other appropriate administrative offices of each
non-public institution of higher education located in the
police district where the sex offender is required to
register, resides, is employed, or attending an
institution of higher education in the City of Chicago;
(4) Libraries located in the police district where the
sex offender is required to register or is employed if the
offender is required to register or is employed in the City
of Chicago;
(5) Public libraries located in the police district
where the sex offender is required to register, resides, is
employed, or attending an institution of higher education
in the City of Chicago;
(6) Public housing agencies located in the police
district where the sex offender is required to register,
resides, is employed, or attending an institution of higher
education in the City of Chicago;
(7) The Illinois Department of Children and Family
Services;
(8) Social service agencies providing services to

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minors located in the police district where the sex
offender is required to register, resides, is employed, or
attending an institution of higher education in the City of
Chicago;
(9) Volunteer organizations providing services to
minors located in the police district where the sex
offender is required to register, resides, is employed, or
attending an institution of higher education in the City of
Chicago; and
(10) A victim of a sex offense residing in the police
district where the sex offender is required to register,
resides, is employed, or attends an institution of higher
education in the City of Chicago, who is not otherwise
required to be notified under Section 4.5 of the Rights of
Crime Victims and Witnesses Act or Section 75 of the
Sexually Violent Persons Commitment Act.
(a-4) The Illinois Department of State Police shall provide
a list of sex offenders required to register to the Illinois
Department of Children and Family Services.
(b) The Illinois Department of State Police and any law
enforcement agency may disclose, in the Department's or
agency's discretion, the following information to any person
likely to encounter a sex offender, or sexual predator:
(1) The offender's name, address, date of birth, e-mail
addresses, instant messaging identities, chat room
identities, and other Internet communications identities,

SB3642 - 2295 - LRB101 20589 WGH 70218 b
all Uniform Resource Locators (URLs) registered or used by
the sex offender, and all blogs and other Internet sites
maintained by the sex offender or to which the sex offender
has uploaded any content or posted any messages or
information.
(2) The offense for which the offender was convicted.
(3) Adjudication as a sexually dangerous person.
(4) The offender's photograph or other such
information that will help identify the sex offender.
(5) Offender employment information, to protect public
safety.
(c) The name, address, date of birth, e-mail addresses,
instant messaging identities, chat room identities, other
Internet communications identities, all Uniform Resource
Locators (URLs) registered or used by the sex offender, all
blogs and other Internet sites maintained by the sex offender
or to which the sex offender has uploaded any content or posted
any messages or information, offense or adjudication, the
county of conviction, license plate numbers for every vehicle
registered in the name of the sex offender, the age of the sex
offender at the time of the commission of the offense, the age
of the victim at the time of the commission of the offense, and
any distinguishing marks located on the body of the sex
offender for sex offenders required to register under Section 3
of the Sex Offender Registration Act shall be open to
inspection by the public as provided in this Section. Every

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municipal police department shall make available at its
headquarters the information on all sex offenders who are
required to register in the municipality under the Sex Offender
Registration Act. The sheriff shall also make available at his
or her headquarters the information on all sex offenders who
are required to register under that Act and who live in
unincorporated areas of the county. Sex offender information
must be made available for public inspection to any person, no
later than 72 hours or 3 business days from the date of the
request. The request must be made in person, in writing, or by
telephone. Availability must include giving the inquirer
access to a facility where the information may be copied. A
department or sheriff may charge a fee, but the fee may not
exceed the actual costs of copying the information. An inquirer
must be allowed to copy this information in his or her own
handwriting. A department or sheriff must allow access to the
information during normal public working hours. The sheriff or
a municipal police department may publish the photographs of
sex offenders where any victim was 13 years of age or younger
and who are required to register in the municipality or county
under the Sex Offender Registration Act in a newspaper or
magazine of general circulation in the municipality or county
or may disseminate the photographs of those sex offenders on
the Internet or on television. The law enforcement agency may
make available the information on all sex offenders residing
within any county.

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(d) The Illinois Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, place the information
specified in subsection (b) on the Internet or in other media.
(e) (Blank).
(f) The administrator of a transitional housing facility
for sex offenders shall comply with the notification procedures
established in paragraph (4) of subsection (b) of Section
3-17-5 of the Unified Code of Corrections.
(g) A principal or teacher of a public or private
elementary or secondary school shall notify the parents of
children attending the school during school registration or
during parent-teacher conferences that information about sex
offenders is available to the public as provided in this Act.
(h) In order to receive notice under paragraph (10) of
subsection (a), paragraph (10) of subsection (a-2), or
paragraph (10) of subsection (a-3), the victim of the sex
offense must notify the appropriate sheriff or the Chicago
Police Department in writing, by facsimile transmission, or by
e-mail that the victim desires to receive such notice.
(i) For purposes of this Section, "victim of a sex offense"
means:
(1) the victim of the sex offense; or
(2) a single representative who may be the spouse,
parent, child, or sibling of a person killed during the
course of a sex offense perpetrated against the person

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killed or the spouse, parent, child, or sibling of any
victim of a sex offense who is physically or mentally
incapable of comprehending or requesting notice.
(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;
94-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff.
8-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896,
eff. 1-1-09.)
(730 ILCS 152/121)
Sec. 121. Notification regarding juvenile offenders.
(a) The Illinois Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, only provide the
information specified in subsection (b) of Section 120 of this
Act, with respect to an adjudicated juvenile delinquent, to any
person when that person's safety may be compromised for some
reason related to the juvenile sex offender.
(b) The local law enforcement agency having jurisdiction to
register the juvenile sex offender shall ascertain from the
juvenile sex offender whether the juvenile sex offender is
enrolled in school; and if so, shall provide a copy of the sex
offender registration form only to the principal or chief
administrative officer of the school and any guidance counselor
designated by him or her. The registration form shall be kept
separately from any and all school records maintained on behalf
of the juvenile sex offender.

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(Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.)
Section 1075. The Murderer and Violent Offender Against
Youth Registration Act is amended by changing Sections 10, 11,
13, 15, 20, 25, 30, 40, 45, 46, 50, 85, 90, 95, and 100 as
follows:
(730 ILCS 154/10)
Sec. 10. Duty to register.
(a) A violent offender against youth shall, within the time
period prescribed in subsections (b) and (c), register in
person and provide accurate information as required by the
Illinois Department of State Police. Such information shall
include a current photograph, current address, current place of
employment, the employer's telephone number, school attended,
extensions of the time period for registering as provided in
this Act and, if an extension was granted, the reason why the
extension was granted and the date the violent offender against
youth was notified of the extension. A person who has been
adjudicated a juvenile delinquent for an act which, if
committed by an adult, would be a violent offense against youth
shall register as an adult violent offender against youth
within 10 days after attaining 17 years of age. The violent
offender against youth shall register:
(1) with the chief of police in the municipality in
which he or she resides or is temporarily domiciled for a

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period of time of 5 or more days, unless the municipality
is the City of Chicago, in which case he or she shall
register at a fixed location designated by the
Superintendent of the Chicago Police Department; or
(2) with the sheriff in the county in which he or she
resides or is temporarily domiciled for a period of time of
5 or more days in an unincorporated area or, if
incorporated, no police chief exists.
If the violent offender against youth is employed at or
attends an institution of higher education, he or she shall
register:
(i) with the chief of police in the municipality in
which he or she is employed at or attends an institution of
higher education, unless the municipality is the City of
Chicago, in which case he or she shall register at a fixed
location designated by the Superintendent of the Chicago
Police Department; or
(ii) with the sheriff in the county in which he or she
is employed or attends an institution of higher education
located in an unincorporated area, or if incorporated, no
police chief exists.
For purposes of this Act, the place of residence or
temporary domicile is defined as any and all places where the
violent offender against youth resides for an aggregate period
of time of 5 or more days during any calendar year. Any person
required to register under this Act who lacks a fixed address

SB3642 - 2301 - LRB101 20589 WGH 70218 b
or temporary domicile must notify, in person, the agency of
jurisdiction of his or her last known address within 5 days
after ceasing to have a fixed residence.
Any person who lacks a fixed residence must report weekly,
in person, with the sheriff's office of the county in which he
or she is located in an unincorporated area, or with the chief
of police in the municipality in which he or she is located.
The agency of jurisdiction will document each weekly
registration to include all the locations where the person has
stayed during the past 7 days.
The violent offender against youth shall provide accurate
information as required by the Illinois Department of State
Police. That information shall include the current place of
employment of the violent offender against youth.
(a-5) An out-of-state student or out-of-state employee
shall, within 5 days after beginning school or employment in
this State, register in person and provide accurate information
as required by the Illinois Department of State Police. Such
information will include current place of employment, school
attended, and address in state of residence. The out-of-state
student or out-of-state employee shall register:
(1) with the chief of police in the municipality in
which he or she attends school or is employed for a period
of time of 5 or more days or for an aggregate period of
time of more than 30 days during any calendar year, unless
the municipality is the City of Chicago, in which case he

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or she shall register at a fixed location designated by the
Superintendent of the Chicago Police Department; or
(2) with the sheriff in the county in which he or she
attends school or is employed for a period of time of 5 or
more days or for an aggregate period of time of more than
30 days during any calendar year in an unincorporated area
or, if incorporated, no police chief exists.
The out-of-state student or out-of-state employee shall
provide accurate information as required by the Illinois
Department of State Police. That information shall include the
out-of-state student's current place of school attendance or
the out-of-state employee's current place of employment.
(b) Any violent offender against youth regardless of any
initial, prior, or other registration, shall, within 5 days of
beginning school, or establishing a residence, place of
employment, or temporary domicile in any county, register in
person as set forth in subsection (a) or (a-5).
(c) The registration for any person required to register
under this Act shall be as follows:
(1) Except as provided in paragraph (3) of this
subsection (c), any person who has not been notified of his
or her responsibility to register shall be notified by a
criminal justice entity of his or her responsibility to
register. Upon notification the person must then register
within 5 days of notification of his or her requirement to
register. If notification is not made within the offender's

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10 year registration requirement, and the Illinois
Department of State Police determines no evidence exists or
indicates the offender attempted to avoid registration,
the offender will no longer be required to register under
this Act.
(2) Except as provided in paragraph (3) of this
subsection (c), any person convicted on or after the
effective date of this Act shall register in person within
5 days after the entry of the sentencing order based upon
his or her conviction.
(3) Any person unable to comply with the registration
requirements of this Act because he or she is confined,
institutionalized, or imprisoned in Illinois on or after
the effective date of this Act shall register in person
within 5 days of discharge, parole or release.
(4) The person shall provide positive identification
and documentation that substantiates proof of residence at
the registering address.
(5) The person shall pay a $20 initial registration fee
and a $10 annual renewal fee. The fees shall be deposited
into the Offender Registration Fund. The fees shall be used
by the registering agency for official purposes. The agency
shall establish procedures to document receipt and use of
the funds. The law enforcement agency having jurisdiction
may waive the registration fee if it determines that the
person is indigent and unable to pay the registration fee.

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(d) Within 5 days after obtaining or changing employment, a
person required to register under this Section must report, in
person to the law enforcement agency having jurisdiction, the
business name and address where he or she is employed. If the
person has multiple businesses or work locations, every
business and work location must be reported to the law
enforcement agency having jurisdiction.
(Source: P.A. 101-571, eff. 8-23-19.)
(730 ILCS 154/11)
Sec. 11. Transfer from the sex offender registry.
(a) The registration information for a person registered
under the Sex Offender Registration Act who was convicted or
adjudicated for an offense listed in subsection (b) of Section
5 of this Act may only be transferred to the Murderer and
Violent Offender Against Youth Registry if all the following
conditions are met:
(1) The offender's sole offense requiring registration
was a conviction or adjudication for an offense or offenses
listed in subsection (b) of Section 5 of this Act.
(2) The State's Attorney's Office in the county in
which the offender was convicted has verified, on a form
prescribed by the Illinois State Police, that the person's
crime that required or requires registration was not
sexually motivated as defined in Section 10 of the Sex
Offender Management Board Act.

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(3) The completed form has been received by the
registering law enforcement agency and the Illinois State
Police's Sex Offender Registration Unit.
(b) Transfer under this Section shall not extend the
registration period for offenders who were registered under the
Sex Offender Registration Act.
(Source: P.A. 97-154, eff. 1-1-12.)
(730 ILCS 154/13)
Sec. 13. Request for Review.
(a) Any person who is required to register under this Act
may file a Request for Review with the office of the State's
Attorney of the county in which he or she was convicted, and
request that the office of the State's Attorney review his or
her registration information. Upon receipt of a Request for
Review, the State's Attorney shall review the information
provided by the offender, and if he or she determines that the
information currently relied upon for registration is
inaccurate, the State's Attorney shall correct the error before
reporting the offender's personal information to the Illinois
Department of State Police. If the State's Attorney makes a
determination to deny a Request for Review, the State's
Attorney shall give the reason why and the information relied
upon for denying the Request for Review.
(b) Within 60 days of a denial of a request for review an
offender may appeal the decision of the State's Attorney to

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deny the Request for Review in the circuit court.
(Source: P.A. 100-946, eff. 1-1-19.)
(730 ILCS 154/15)
Sec. 15. Discharge of violent offender against youth.
Discharge of violent offender against youth from Department of
Corrections facility or other penal institution; duties of
official in charge. Any violent offender against youth who is
discharged, paroled, or released from a Department of
Corrections facility, a facility where such person was placed
by the Department of Corrections or another penal institution,
and whose liability for registration has not terminated under
Section 40 shall, prior to discharge, parole or release from
the facility or institution, be informed of his or her duty to
register in person within 5 days of release by the facility or
institution in which he or she was confined. The facility or
institution shall also inform any person who must register that
if he or she establishes a residence outside of the State of
Illinois, is employed outside of the State of Illinois, or
attends school outside of the State of Illinois, he or she must
register in the new state within 5 days after establishing the
residence, beginning employment, or beginning school.
The facility shall require the person to read and sign such
form as may be required by the Illinois Department of State
Police stating that the duty to register and the procedure for
registration has been explained to him or her and that he or

SB3642 - 2307 - LRB101 20589 WGH 70218 b
she understands the duty to register and the procedure for
registration. The facility shall further advise the person in
writing that the failure to register or other violation of this
Act shall result in revocation of parole, aftercare release,
mandatory supervised release or conditional release. The
facility shall obtain information about where the person
expects to reside, work, and attend school upon his or her
discharge, parole or release and shall report the information
to the Illinois Department of State Police. The facility shall
give one copy of the form to the person and shall send one copy
to each of the law enforcement agencies having jurisdiction
where the person expects to reside, work, and attend school
upon his or her discharge, parole or release and retain one
copy for the files. Electronic data files which includes all
notification form information and photographs of violent
offenders against youth being released from an Illinois
Department of Corrections or Illinois Department of Juvenile
Justice facility will be shared on a regular basis as
determined between the Illinois Department of State Police, the
Department of Corrections and Department of Juvenile Justice.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 154/20)
Sec. 20. Release of violent offender against youth; duties
of the Court. Any violent offender against youth who is
released on probation or discharged upon payment of a fine

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because of the commission of one of the offenses defined in
subsection (b) of Section 5 of this Act, shall, prior to such
release be informed of his or her duty to register under this
Act by the Court in which he or she was convicted. The Court
shall also inform any person who must register that if he or
she establishes a residence outside of the State of Illinois,
is employed outside of the State of Illinois, or attends school
outside of the State of Illinois, he or she must register in
the new state within 5 days after establishing the residence,
beginning employment, or beginning school. The Court shall
require the person to read and sign such form as may be
required by the Illinois Department of State Police stating
that the duty to register and the procedure for registration
has been explained to him or her and that he or she understands
the duty to register and the procedure for registration. The
Court shall further advise the person in writing that the
failure to register or other violation of this Act shall result
in probation revocation. The Court shall obtain information
about where the person expects to reside, work, and attend
school upon his or her release, and shall report the
information to the Illinois Department of State Police. The
Court shall give one copy of the form to the person and retain
the original in the court records. The Illinois Department of
State Police shall notify the law enforcement agencies having
jurisdiction where the person expects to reside, work and
attend school upon his or her release.

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(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/25)
Sec. 25. Discharge of violent offender against youth from
hospital. Discharge of violent offender against youth from a
hospital or other treatment facility; duties of the official in
charge. Any violent offender against youth who is discharged or
released from a hospital or other treatment facility where he
or she was confined shall be informed by the hospital or
treatment facility in which he or she was confined, prior to
discharge or release from the hospital or treatment facility,
of his or her duty to register under this Act.
The facility shall require the person to read and sign such
form as may be required by the Illinois Department of State
Police stating that the duty to register and the procedure for
registration have been explained to him or her and that he or
she understands the duty to register and the procedure for
registration. The facility shall give one copy of the form to
the person, retain one copy for its records, and forward the
original to the Illinois Department of State Police. The
facility shall obtain information about where the person
expects to reside, work, and attend school upon his or her
discharge, parole, or release and shall report the information
to the Illinois Department of State Police within 3 days. The
facility or institution shall also inform any person who must
register that if he or she establishes a residence outside of

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the State of Illinois, is employed outside of the State of
Illinois, or attends school outside of the State of Illinois,
he or she must register in the new state within 5 days after
establishing the residence, beginning school, or beginning
employment. The Illinois Department of State Police shall
notify the law enforcement agencies having jurisdiction where
the person expects to reside, work, and attend school upon his
or her release.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/30)
Sec. 30. Duty to report; change of address, school, or
employment; duty to inform. Any violent offender against youth
who is required to register under this Act shall report in
person to the appropriate law enforcement agency with whom he
or she last registered within one year from the date of last
registration and every year thereafter and at such other times
at the request of the law enforcement agency not to exceed 4
times a year. If any person required to register under this Act
lacks a fixed residence or temporary domicile, he or she must
notify, in person, the agency of jurisdiction of his or her
last known address within 5 days after ceasing to have a fixed
residence and if the offender leaves the last jurisdiction of
residence, he or she must, within 48 hours after leaving,
register in person with the new agency of jurisdiction. If any
other person required to register under this Act changes his or

SB3642 - 2311 - LRB101 20589 WGH 70218 b
her residence address, place of employment, or school, he or
she shall report in person to the law enforcement agency with
whom he or she last registered of his or her new address,
change in employment, or school and register, in person, with
the appropriate law enforcement agency within the time period
specified in Section 10. The law enforcement agency shall,
within 3 days of the reporting in person by the person required
to register under this Act, notify the Illinois Department of
State Police of the new place of residence, change in
employment, or school.
If any person required to register under this Act intends
to establish a residence or employment outside of the State of
Illinois, at least 10 days before establishing that residence
or employment, he or she shall report in person to the law
enforcement agency with which he or she last registered of his
or her out-of-state intended residence or employment. The law
enforcement agency with which such person last registered
shall, within 3 days after the reporting in person of the
person required to register under this Act of an address or
employment change, notify the Illinois Department of State
Police. The Illinois Department of State Police shall forward
such information to the out-of-state law enforcement agency
having jurisdiction in the form and manner prescribed by the
Illinois Department of State Police.
(Source: P.A. 94-945, eff. 6-27-06.)

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(730 ILCS 154/40)
Sec. 40. Duration of registration. A person who becomes
subject to registration under this Article who has previously
been subject to registration under this Article or under the
Sex Offender Registration Act or similar registration
requirements of other jurisdictions shall register for the
period of his or her natural life if not confined to a penal
institution, hospital, or other institution or facility, and if
confined, for the period of his or her natural life after
parole, discharge, or release from any such facility. Any other
person who is required to register under this Act shall be
required to register for a period of 10 years after conviction
or adjudication if not confined to a penal institution,
hospital or any other institution or facility, and if confined,
for a period of 10 years after parole, discharge or release
from any such facility. A violent offender against youth who is
allowed to leave a county, State, or federal facility for the
purposes of work release, education, or overnight visitations
shall be required to register within 5 days of beginning such a
program. Liability for registration terminates at the
expiration of 10 years from the date of conviction or
adjudication if not confined to a penal institution, hospital
or any other institution or facility and if confined, at the
expiration of 10 years from the date of parole, discharge or
release from any such facility, providing such person does not,
during that period, again become liable to register under the

SB3642 - 2313 - LRB101 20589 WGH 70218 b
provisions of this Act. Reconfinement due to a violation of
parole or other circumstances that relates to the original
conviction or adjudication shall extend the period of
registration to 10 years after final parole, discharge, or
release. The Director of the Illinois State Police, consistent
with administrative rules, shall extend for 10 years the
registration period of any violent offender against youth who
fails to comply with the provisions of this Act. The
registration period for any violent offender against youth who
fails to comply with any provision of the Act shall extend the
period of registration by 10 years beginning from the first
date of registration after the violation. If the registration
period is extended, the Illinois Department of State Police
shall send a registered letter to the law enforcement agency
where the violent offender against youth resides within 3 days
after the extension of the registration period. The violent
offender against youth shall report to that law enforcement
agency and sign for that letter. One copy of that letter shall
be kept on file with the law enforcement agency of the
jurisdiction where the violent offender against youth resides
and one copy shall be returned to the Illinois Department of
State Police.
(Source: P.A. 94-945, eff. 6-27-06; 95-169, eff. 8-14-07.)
(730 ILCS 154/45)
Sec. 45. Registration requirements. Registration as

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required by this Act shall consist of a statement in writing
signed by the person giving the information that is required by
the Illinois Department of State Police, which may include the
fingerprints and must include a current photograph of the
person, to be updated annually. The registration information
must include whether the person is a violent offender against
youth. Within 3 days, the registering law enforcement agency
shall forward any required information to the Illinois
Department of State Police. The registering law enforcement
agency shall enter the information into the Law Enforcement
Agencies Data System (LEADS) as provided in Sections 6 and 7 of
the Intergovernmental Missing Child Recovery Act of 1984.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/46)
Sec. 46. Notification of case information from the office
of the State's Attorney. The office of the State's Attorney
shall provide the Illinois Department of State Police
Registration Unit all relevant case information that
determines a registrant's place on the registry, including, but
not limited to, the date of the offense, the name of the
offender, the date of birth of the offender, the nature of the
crime, and the date of birth of the victim in order to
facilitate proper registry placement and to prevent the
necessity for future Requests for Review of a registrant's
information.

SB3642 - 2315 - LRB101 20589 WGH 70218 b
(Source: P.A. 100-946, eff. 1-1-19.)
(730 ILCS 154/50)
Sec. 50. Verification requirements.
(a) The agency having jurisdiction shall verify the address
of violent offenders against youth required to register with
their agency at least once per year. The verification must be
documented in LEADS in the form and manner required by the
Illinois Department of State Police.
(b) The supervising officer or aftercare specialist,
shall, within 15 days of sentencing to probation or release
from an Illinois Department of Corrections facility or other
penal institution, contact the law enforcement agency in the
jurisdiction which the violent offender against youth
designated as his or her intended residence and verify
compliance with the requirements of this Act. Revocation
proceedings shall be immediately commenced against a violent
offender against youth on probation, parole, aftercare
release, or mandatory supervised release who fails to comply
with the requirements of this Act.
(Source: P.A. 98-558, eff. 1-1-14.)
(730 ILCS 154/85)
Sec. 85. Murderer and Violent Offender Against Youth
Database.
(a) The Illinois Department of State Police shall establish

SB3642 - 2316 - LRB101 20589 WGH 70218 b
and maintain a Statewide Murderer and Violent Offender Against
Youth Database for the purpose of identifying violent offenders
against youth and making that information available to the
persons specified in Section 95. The Database shall be created
from the Law Enforcement Agencies Data System (LEADS)
established under Section 6 of the Intergovernmental Missing
Child Recovery Act of 1984. The Illinois Department of State
Police shall examine its LEADS database for persons registered
as violent offenders against youth under this Act and shall
identify those who are violent offenders against youth and
shall add all the information, including photographs if
available, on those violent offenders against youth to the
Statewide Murderer and Violent Offender Against Youth
Database.
(b) The Illinois Department of State Police must make the
information contained in the Statewide Murderer and Violent
Offender Against Youth Database accessible on the Internet by
means of a hyperlink labeled "Murderer and Violent Offender
Against Youth Information" on the Department's World Wide Web
home page. The Illinois Department of State Police must update
that information as it deems necessary.
The Illinois Department of State Police may require that a
person who seeks access to the violent offender against youth
information submit biographical information about himself or
herself before permitting access to the violent offender
against youth information. The Illinois Department of State

SB3642 - 2317 - LRB101 20589 WGH 70218 b
Police must promulgate rules in accordance with the Illinois
Administrative Procedure Act to implement this subsection (b)
and those rules must include procedures to ensure that the
information in the database is accurate.
(c) The Illinois Department of State Police must develop
and conduct training to educate all those entities involved in
the Murderer and Violent Offender Against Youth Registration
Program.
(d) The Illinois Department of State Police shall commence
the duties prescribed in the Murderer and Violent Offender
Against Youth Registration Act within 12 months after the
effective date of this Act.
(e) The Illinois Department of State Police shall collect
and annually report, on or before December 31 of each year, the
following information, making it publicly accessible on the
Illinois Department of State Police website:
(1) the number of registrants;
(2) the number of registrants currently registered for
each offense requiring registration; and
(3) biographical data, such as age of the registrant,
race of the registrant, and age of the victim.
(Source: P.A. 100-946, eff. 1-1-19.)
(730 ILCS 154/90)
Sec. 90. List of violent offenders against youth; list of
facilities, schools, and institutions of higher education. The

SB3642 - 2318 - LRB101 20589 WGH 70218 b
Illinois Department of State Police shall promulgate rules to
develop a list of violent offenders against youth covered by
this Act and a list of child care facilities, schools, and
institutions of higher education eligible to receive notice
under this Act, so that the list can be disseminated in a
timely manner to law enforcement agencies having jurisdiction.
(Source: P.A. 94-945, eff. 6-27-06.)
(730 ILCS 154/95)
Sec. 95. Community notification of violent offenders
against youth.
(a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
place of employment, school attended, and offense or
adjudication of all violent offenders against youth required to
register under Section 10 of this Act:
(1) The boards of institutions of higher education or
other appropriate administrative offices of each
non-public institution of higher education located in the
county where the violent offender against youth is required
to register, resides, is employed, or is attending an
institution of higher education; and
(2) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located in the county where the
violent offender against youth is required to register or

SB3642 - 2319 - LRB101 20589 WGH 70218 b
is employed; and
(3) Child care facilities located in the county where
the violent offender against youth is required to register
or is employed; and
(4) Libraries located in the county where the violent
offender against youth is required to register or is
employed.
(a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of all
violent offenders against youth required to register under
Section 10 of this Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located within the region of Cook
County, as those public school districts and nonpublic
schools are identified in LEADS, other than the City of
Chicago, where the violent offender against youth is
required to register or is employed; and
(2) Child care facilities located within the region of
Cook County, as those child care facilities are identified
in LEADS, other than the City of Chicago, where the violent
offender against youth is required to register or is
employed; and
(3) The boards of institutions of higher education or
other appropriate administrative offices of each

SB3642 - 2320 - LRB101 20589 WGH 70218 b
non-public institution of higher education located in the
county, other than the City of Chicago, where the violent
offender against youth is required to register, resides, is
employed, or attending an institution of higher education;
and
(4) Libraries located in the county, other than the
City of Chicago, where the violent offender against youth
is required to register, resides, is employed, or is
attending an institution of higher education.
(a-3) The Chicago Police Department shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of all
violent offenders against youth required to register under
Section 10 of this Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located in the police district where
the violent offender against youth is required to register
or is employed if the offender is required to register or
is employed in the City of Chicago; and
(2) Child care facilities located in the police
district where the violent offender against youth is
required to register or is employed if the offender is
required to register or is employed in the City of Chicago;
and
(3) The boards of institutions of higher education or

SB3642 - 2321 - LRB101 20589 WGH 70218 b
other appropriate administrative offices of each
non-public institution of higher education located in the
police district where the violent offender against youth is
required to register, resides, is employed, or attending an
institution of higher education in the City of Chicago; and
(4) Libraries located in the police district where the
violent offender against youth is required to register or
is employed if the offender is required to register or is
employed in the City of Chicago.
(a-4) The Illinois Department of State Police shall provide
a list of violent offenders against youth required to register
to the Illinois Department of Children and Family Services.
(b) The Illinois Department of State Police and any law
enforcement agency may disclose, in the Department's or
agency's discretion, the following information to any person
likely to encounter a violent offender against youth:
(1) The offender's name, address, and date of birth.
(2) The offense for which the offender was convicted.
(3) The offender's photograph or other such
information that will help identify the violent offender
against youth.
(4) Offender employment information, to protect public
safety.
(c) The name, address, date of birth, and offense or
adjudication for violent offenders against youth required to
register under Section 10 of this Act shall be open to

SB3642 - 2322 - LRB101 20589 WGH 70218 b
inspection by the public as provided in this Section. Every
municipal police department shall make available at its
headquarters the information on all violent offenders against
youth who are required to register in the municipality under
this Act. The sheriff shall also make available at his or her
headquarters the information on all violent offenders against
youth who are required to register under this Act and who live
in unincorporated areas of the county. Violent offender against
youth information must be made available for public inspection
to any person, no later than 72 hours or 3 business days from
the date of the request. The request must be made in person, in
writing, or by telephone. Availability must include giving the
inquirer access to a facility where the information may be
copied. A department or sheriff may charge a fee, but the fee
may not exceed the actual costs of copying the information. An
inquirer must be allowed to copy this information in his or her
own handwriting. A department or sheriff must allow access to
the information during normal public working hours. The sheriff
or a municipal police department may publish the photographs of
violent offenders against youth where any victim was 13 years
of age or younger and who are required to register in the
municipality or county under this Act in a newspaper or
magazine of general circulation in the municipality or county
or may disseminate the photographs of those violent offenders
against youth on the Internet or on television. The law
enforcement agency may make available the information on all

SB3642 - 2323 - LRB101 20589 WGH 70218 b
violent offenders against youth residing within any county.
(d) The Illinois Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, place the information
specified in subsection (b) on the Internet or in other media.
(Source: P.A. 94-945, eff. 6-27-06; 95-278, eff. 8-17-07.)
(730 ILCS 154/100)
Sec. 100. Notification regarding juvenile offenders.
(a) The Illinois Department of State Police and any law
enforcement agency having jurisdiction may, in the
Department's or agency's discretion, only provide the
information specified in subsection (b) of Section 95, with
respect to an adjudicated juvenile delinquent, to any person
when that person's safety may be compromised for some reason
related to the juvenile violent offender against youth.
(b) The local law enforcement agency having jurisdiction to
register the juvenile violent offender against youth shall
ascertain from the juvenile violent offender against youth
whether the juvenile violent offender against youth is enrolled
in school; and if so, shall provide a copy of the violent
offender against youth registration form only to the principal
or chief administrative officer of the school and any guidance
counselor designated by him or her. The registration form shall
be kept separately from any and all school records maintained
on behalf of the juvenile violent offender against youth.

SB3642 - 2324 - LRB101 20589 WGH 70218 b
(Source: P.A. 94-945, eff. 6-27-06.)
Section 1085. The Methamphetamine Manufacturer Registry
Act is amended by changing Sections 10 and 15 as follows:
(730 ILCS 180/10)
Sec. 10. Methamphetamine Manufacturer Database.
(a) The Illinois Department of State Police shall establish
and maintain a Methamphetamine Manufacturer Database for the
purpose of identifying methamphetamine manufacturers and
making that information available to law enforcement and the
general public. For every person convicted of a violation of
Section 15 of the Methamphetamine Control and Community
Protection Act on or after the effective date of this Act, the
methamphetamine manufacturer database shall contain
information relating to each methamphetamine manufacturer. The
information shall include the methamphetamine manufacturer's
name, date of birth, offense or offenses requiring inclusion in
the Methamphetamine Manufacturer Database, the conviction date
and county of each such offense, and such other identifying
information as the Illinois Department of State Police deems
necessary to identify the methamphetamine manufacturer, but
shall not include the social security number of the
methamphetamine manufacturer.
(b) The Illinois Department of State Police must make the
information contained in the Statewide Methamphetamine

SB3642 - 2325 - LRB101 20589 WGH 70218 b
Manufacturer Database accessible on the Internet by means of a
hyperlink labeled "Methamphetamine Manufacturer Information"
on the Department's World Wide Web home page. The Illinois
Department of State Police must update that information as it
deems necessary.
(c) The Illinois Department of State Police must promulgate
rules in accordance with the Illinois Administrative Procedure
Act to implement this Section and those rules must include
procedures to ensure that the information in the database is
accurate, and that the information in the database reflects any
changes based on the reversal of a conviction for an offense
requiring inclusion in the Methamphetamine Manufacturer
Database, or a court order requiring the sealing or expungement
of records relating to the offense. A certified copy of such an
order shall be deemed prima facie true and correct and, shall
be sufficient to require the immediate amendment or removal of
any person's information from the Methamphetamine Manufacturer
Database by the Illinois Department of State Police.
(Source: P.A. 94-831, eff. 6-5-06.)
(730 ILCS 180/15)
Sec. 15. Conviction Information.
(a) Within 60 days after the effective date of this Act,
each circuit clerk shall forward monthly to the Illinois
Department of State Police a copy of the judgment for each and
all persons convicted of an offense within the definition of

SB3642 - 2326 - LRB101 20589 WGH 70218 b
methamphetamine manufacturer, as defined in Section 5 of this
Act, during the previous month.
(b) Within 120 days after the effective date of this Act,
the Director of Corrections shall forward to the Illinois
Department of State Police a list of all persons incarcerated
or on mandatory supervised release, who have been convicted of
an offense within the definition of methamphetamine
manufacturer, as defined in Section 5 of this Act.
(Source: P.A. 94-831, eff. 6-5-06.)
Section 1090. The Department of Juvenile Justice Mortality
Review Team Act is amended by changing Section 15 as follows:
(730 ILCS 195/15)
Sec. 15. Mortality review teams; establishment.
(a) Upon the occurrence of the death of any youth in the
Department's custody, the Director shall appoint members and a
chairperson to a mortality review team. The Director shall make
the appointments within 30 days after the youth's death.
(b) Each mortality review team shall consist of at least
one member from each of the following categories:
(1) Pediatrician or other physician.
(2) Representative of the Department.
(3) State's Attorney or State's Attorney
representative.
(4) Representative of a local law enforcement agency.

SB3642 - 2327 - LRB101 20589 WGH 70218 b
(5) Psychologist or psychiatrist.
(6) Representative of a local health department.
(7) Designee of the Board of Education of the
Department of Juvenile Justice School District created
under Section 13-40 of the School Code.
(8) Coroner or forensic pathologist.
(9) Representative of a juvenile justice advocacy
organization.
(10) Representative of a local hospital, trauma
center, or provider of emergency medical services.
(11) Representative of the Illinois Department of
State Police.
(12) Representative of the Office of the Governor's
Executive Inspector General.
A mortality review team may make recommendations to the
Director concerning additional appointments.
(c) Each mortality review team member must have
demonstrated experience or an interest in the welfare of youth
in State custody.
(d) The mortality review teams shall be funded in the
Department's annual budget to provide for the travel expenses
of team members and professional services engaged by the team.
(e) If a death of a youth in the Department's custody
occurs while a prior youth death is under review by a team
pursuant to this Act, the Director may request that the team
review the subsequent death.

SB3642 - 2328 - LRB101 20589 WGH 70218 b
(f) Upon the conclusion of all reporting required under
Sections 20, 25, and 30 with respect to a death reviewed by a
team, all appointments to the team shall expire.
(Source: P.A. 96-1378, eff. 7-29-10.)
Section 1095. The Code of Civil Procedure is amended by
changing Sections 2-202, 2-702, 21-101, 21-102, 21-102.5, and
21-103 as follows:
(735 ILCS 5/2-202) (from Ch. 110, par. 2-202)
Sec. 2-202. Persons authorized to serve process; place of
service; failure to make return.
(a) Process shall be served by a sheriff, or if the sheriff
is disqualified, by a coroner of some county of the State. In
matters where the county or State is an interested party,
process may be served by a special investigator appointed by
the State's Attorney of the county, as defined in Section
3-9005 of the Counties Code. A sheriff of a county with a
population of less than 2,000,000 may employ civilian personnel
to serve process. In counties with a population of less than
2,000,000, process may be served, without special appointment,
by a person who is licensed or registered as a private
detective under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 or by a
registered employee of a private detective agency certified
under that Act as defined in Section (a-5). A private detective

SB3642 - 2329 - LRB101 20589 WGH 70218 b
or licensed employee must supply the sheriff of any county in
which he serves process with a copy of his license or
certificate; however, the failure of a person to supply the
copy shall not in any way impair the validity of process served
by the person. The court may, in its discretion upon motion,
order service to be made by a private person over 18 years of
age and not a party to the action. It is not necessary that
service be made by a sheriff or coroner of the county in which
service is made. If served or sought to be served by a sheriff
or coroner, he or she shall endorse his or her return thereon,
and if by a private person the return shall be by affidavit.
(a-5) Upon motion and in its discretion, the court may
appoint as a special process server a private detective agency
certified under the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
the appointment, any employee of the private detective agency
who is registered under that Act may serve the process. The
motion and the order of appointment must contain the number of
the certificate issued to the private detective agency by the
Department of Professional Regulation under the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004. A private detective or
private detective agency shall send, one time only, a copy of
his, her, or its individual private detective license or
private detective agency certificate to the county sheriff in
each county in which the detective or detective agency or his,

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her, or its employees serve process, regardless of the size of
the population of the county. As long as the license or
certificate is valid and meets the requirements of the
Department of Financial and Professional Regulation, a new copy
of the current license or certificate need not be sent to the
sheriff. A private detective agency shall maintain a list of
its registered employees. Registered employees shall consist
of:
(1) an employee who works for the agency holding a
valid Permanent Employee Registration Card;
(2) a person who has applied for a Permanent Employee
Registration Card, has had his or her fingerprints
processed and cleared by the Illinois Department of State
Police and the FBI, and as to whom the Department of
Financial and Professional Regulation website shows that
the person's application for a Permanent Employee
Registration Card is pending;
(3) a person employed by a private detective agency who
is exempt from a Permanent Employee Registration Card
requirement because the person is a current peace officer;
and
(4) a private detective who works for a private
detective agency as an employee.
A detective agency shall maintain this list and forward it to
any sheriff's department that requests this list within 5
business days after the receipt of the request.

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(b) Summons may be served upon the defendants wherever they
may be found in the State, by any person authorized to serve
process. An officer may serve summons in his or her official
capacity outside his or her county, but fees for mileage
outside the county of the officer cannot be taxed as costs. The
person serving the process in a foreign county may make return
by mail.
(c) If any sheriff, coroner, or other person to whom any
process is delivered, neglects or refuses to make return of the
same, the plaintiff may petition the court to enter a rule
requiring the sheriff, coroner, or other person, to make return
of the process on a day to be fixed by the court, or to show
cause on that day why that person should not be attached for
contempt of the court. The plaintiff shall then cause a written
notice of the rule to be served on the sheriff, coroner, or
other person. If good and sufficient cause be not shown to
excuse the officer or other person, the court shall adjudge him
or her guilty of a contempt, and shall impose punishment as in
other cases of contempt.
(d) If process is served by a sheriff, coroner, or special
investigator appointed by the State's Attorney, the court may
tax the fee of the sheriff, coroner, or State's Attorney's
special investigator as costs in the proceeding. If process is
served by a private person or entity, the court may establish a
fee therefor and tax such fee as costs in the proceedings.
(e) In addition to the powers stated in Section 8.1a of the

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Housing Authorities Act, in counties with a population of
3,000,000 or more inhabitants, members of a housing authority
police force may serve process for eviction actions commenced
by that housing authority and may execute eviction orders for
that housing authority.
(f) In counties with a population of 3,000,000 or more,
process may be served, with special appointment by the court,
by a private process server or a law enforcement agency other
than the county sheriff in proceedings instituted under Article
IX of this Code as a result of a lessor or lessor's assignee
declaring a lease void pursuant to Section 11 of the Controlled
Substance and Cannabis Nuisance Act.
(Source: P.A. 99-169, eff. 7-28-15; 100-173, eff. 1-1-18.)
(735 ILCS 5/2-702)
Sec. 2-702. Petition for a certificate of innocence that
the petitioner was innocent of all offenses for which he or she
was incarcerated.
(a) The General Assembly finds and declares that innocent
persons who have been wrongly convicted of crimes in Illinois
and subsequently imprisoned have been frustrated in seeking
legal redress due to a variety of substantive and technical
obstacles in the law and that such persons should have an
available avenue to obtain a finding of innocence so that they
may obtain relief through a petition in the Court of Claims.
The General Assembly further finds misleading the current legal

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nomenclature which compels an innocent person to seek a pardon
for being wrongfully incarcerated. It is the intent of the
General Assembly that the court, in exercising its discretion
as permitted by law regarding the weight and admissibility of
evidence submitted pursuant to this Section, shall, in the
interest of justice, give due consideration to difficulties of
proof caused by the passage of time, the death or
unavailability of witnesses, the destruction of evidence or
other factors not caused by such persons or those acting on
their behalf.
(b) Any person convicted and subsequently imprisoned for
one or more felonies by the State of Illinois which he or she
did not commit may, under the conditions hereinafter provided,
file a petition for certificate of innocence in the circuit
court of the county in which the person was convicted. The
petition shall request a certificate of innocence finding that
the petitioner was innocent of all offenses for which he or she
was incarcerated.
(c) In order to present the claim for certificate of
innocence of an unjust conviction and imprisonment, the
petitioner must attach to his or her petition documentation
demonstrating that:
(1) he or she has been convicted of one or more
felonies by the State of Illinois and subsequently
sentenced to a term of imprisonment, and has served all or
any part of the sentence; and

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(2) his or her judgment of conviction was reversed or
vacated, and the indictment or information dismissed or, if
a new trial was ordered, either he or she was found not
guilty at the new trial or he or she was not retried and
the indictment or information dismissed; or the statute, or
application thereof, on which the indictment or
information was based violated the Constitution of the
United States or the State of Illinois; and
(3) his or her claim is not time barred by the
provisions of subsection (i) of this Section.
(d) The petition shall state facts in sufficient detail to
permit the court to find that the petitioner is likely to
succeed at trial in proving that the petitioner is innocent of
the offenses charged in the indictment or information or his or
her acts or omissions charged in the indictment or information
did not constitute a felony or misdemeanor against the State of
Illinois, and the petitioner did not by his or her own conduct
voluntarily cause or bring about his or her conviction. The
petition shall be verified by the petitioner.
(e) A copy of the petition shall be served on the Attorney
General and the State's Attorney of the county where the
conviction was had. The Attorney General and the State's
Attorney of the county where the conviction was had shall have
the right to intervene as parties.
(f) In any hearing seeking a certificate of innocence, the
court may take judicial notice of prior sworn testimony or

SB3642 - 2335 - LRB101 20589 WGH 70218 b
evidence admitted in the criminal proceedings related to the
convictions which resulted in the alleged wrongful
incarceration, if the petitioner was either represented by
counsel at such prior proceedings or the right to counsel was
knowingly waived.
(g) In order to obtain a certificate of innocence the
petitioner must prove by a preponderance of evidence that:
(1) the petitioner was convicted of one or more
felonies by the State of Illinois and subsequently
sentenced to a term of imprisonment, and has served all or
any part of the sentence;
(2)(A) the judgment of conviction was reversed or
vacated, and the indictment or information dismissed or, if
a new trial was ordered, either the petitioner was found
not guilty at the new trial or the petitioner was not
retried and the indictment or information dismissed; or (B)
the statute, or application thereof, on which the
indictment or information was based violated the
Constitution of the United States or the State of Illinois;
(3) the petitioner is innocent of the offenses charged
in the indictment or information or his or her acts or
omissions charged in the indictment or information did not
constitute a felony or misdemeanor against the State; and
(4) the petitioner did not by his or her own conduct
voluntarily cause or bring about his or her conviction.
(h) If the court finds that the petitioner is entitled to a

SB3642 - 2336 - LRB101 20589 WGH 70218 b
judgment, it shall enter a certificate of innocence finding
that the petitioner was innocent of all offenses for which he
or she was incarcerated. Upon entry of the certificate of
innocence or pardon from the Governor stating that such pardon
was issued on the ground of innocence of the crime for which he
or she was imprisoned, (1) the clerk of the court shall
transmit a copy of the certificate of innocence to the clerk of
the Court of Claims, together with the claimant's current
address; and (2) the court shall enter an order expunging the
record of arrest from the official records of the arresting
authority and order that the records of the clerk of the
circuit court and the Illinois Department of State Police be
sealed until further order of the court upon good cause shown
or as otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. The court
shall enter the expungement order regardless of whether the
petitioner has prior criminal convictions.
All records sealed by the Illinois Department of State
Police may be disseminated by the Department only as required
by law or to the arresting authority, the State's Attorney, the
court upon a later arrest for the same or similar offense, or
for the purpose of sentencing for any subsequent felony. Upon

SB3642 - 2337 - LRB101 20589 WGH 70218 b
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual.
Upon entry of the order of expungement, the clerk of the
circuit court shall promptly mail a copy of the order to the
person whose records were expunged and sealed.
(i) Any person seeking a certificate of innocence under
this Section based on the dismissal of an indictment or
information or acquittal that occurred before the effective
date of this amendatory Act of the 95th General Assembly shall
file his or her petition within 2 years after the effective
date of this amendatory Act of the 95th General Assembly. Any
person seeking a certificate of innocence under this Section
based on the dismissal of an indictment or information or
acquittal that occurred on or after the effective date of this
amendatory Act of the 95th General Assembly shall file his or
her petition within 2 years after the dismissal.
(j) The decision to grant or deny a certificate of
innocence shall be binding only with respect to claims filed in
the Court of Claims and shall not have a res judicata effect on
any other proceedings.
(Source: P.A. 98-133, eff. 1-1-14.)
(735 ILCS 5/21-101) (from Ch. 110, par. 21-101)
Sec. 21-101. Proceedings; parties.
(a) If any person who is a resident of this State and has

SB3642 - 2338 - LRB101 20589 WGH 70218 b
resided in this State for 6 months desires to change his or her
name and to assume another name by which to be afterwards
called and known, the person may file a petition in the circuit
court of the county wherein he or she resides praying for that
relief.
(b) The filing of a petition in accordance with this
Section shall be the sole and exclusive means by which any
person committed under the laws of this State to a penal
institution may change his or her name and assume another name.
However, any person convicted of a felony in this State or any
other state who has not been pardoned may not file a petition
for a name change until 10 years have passed since completion
and discharge from his or her sentence. A person who has been
convicted of identity theft, aggravated identity theft, felony
or misdemeanor criminal sexual abuse when the victim of the
offense at the time of its commission is under 18 years of age,
felony or misdemeanor sexual exploitation of a child, felony or
misdemeanor indecent solicitation of a child, or felony or
misdemeanor indecent solicitation of an adult, or any other
offense for which a person is required to register under the
Sex Offender Registration Act in this State or any other state
who has not been pardoned shall not be permitted to file a
petition for a name change in the courts of Illinois.
(c) A petitioner may include his or her spouse and adult
unmarried children, with their consent, and his or her minor
children where it appears to the court that it is for their

SB3642 - 2339 - LRB101 20589 WGH 70218 b
best interest, in the petition and prayer, and the court's
order shall then include the spouse and children. Whenever any
minor has resided in the family of any person for the space of
3 years and has been recognized and known as an adopted child
in the family of that person, the application herein provided
for may be made by the person having that minor in his or her
family.
An order shall be entered as to a minor only if the court
finds by clear and convincing evidence that the change is
necessary to serve the best interest of the child. In
determining the best interest of a minor child under this
Section, the court shall consider all relevant factors,
including:
(1) The wishes of the child's parents and any person
acting as a parent who has physical custody of the child.
(2) The wishes of the child and the reasons for those
wishes. The court may interview the child in chambers to
ascertain the child's wishes with respect to the change of
name. Counsel shall be present at the interview unless
otherwise agreed upon by the parties. The court shall cause
a court reporter to be present who shall make a complete
record of the interview instantaneously to be part of the
record in the case.
(3) The interaction and interrelationship of the child
with his or her parents or persons acting as parents who
have physical custody of the child, step-parents,

SB3642 - 2340 - LRB101 20589 WGH 70218 b
siblings, step-siblings, or any other person who may
significantly affect the child's best interest.
(4) The child's adjustment to his or her home, school,
and community.
(d) If it appears to the court that the conditions and
requirements under this Article have been complied with and
that there is no reason why the prayer should not be granted,
the court, by an order to be entered of record, may direct and
provide that the name of that person be changed in accordance
with the prayer in the petition. If the circuit court orders
that a name change be granted to a person who has been
adjudicated or convicted of a felony or misdemeanor offense
under the laws of this State or any other state for which a
pardon has not been granted, or has an arrest for which a
charge has not been filed or a pending charge on a felony or
misdemeanor offense, a copy of the order, including a copy of
each applicable access and review response, shall be forwarded
to the Illinois Department of State Police. The Illinois
Department of State Police shall update any criminal history
transcript or offender registration of each person 18 years of
age or older in the order to include the change of name as well
as his or her former name.
(Source: P.A. 100-370, eff. 1-1-18.)
(735 ILCS 5/21-102) (from Ch. 110, par. 21-102)
Sec. 21-102. Petition; update criminal history transcript.

SB3642 - 2341 - LRB101 20589 WGH 70218 b
(a) The petition shall set forth the name then held, the
name sought to be assumed, the residence of the petitioner, the
length of time the petitioner has resided in this State, and
the state or country of the petitioner's nativity or supposed
nativity. The petition shall include a statement, verified
under oath as provided under Section 1-109 of this Code,
whether or not the petitioner or any other person 18 years of
age or older who will be subject to a change of name under the
petition if granted: (1) has been adjudicated or convicted of a
felony or misdemeanor offense under the laws of this State or
any other state for which a pardon has not been granted; or (2)
has an arrest for which a charge has not been filed or a
pending charge on a felony or misdemeanor offense. The petition
shall be signed by the person petitioning or, in case of
minors, by the parent or guardian having the legal custody of
the minor. The petition shall be verified by the affidavit of
some credible person.
(b) If the statement provided under subsection (a) of this
Section indicates the petitioner or any other person 18 years
of age or older who will be subject to a change of name under
the petition, if granted, has been adjudicated or convicted of
a felony or misdemeanor offense under the laws of this State or
any other state for which a pardon has not been granted, or has
an arrest for which a charge has not been filed or a pending
charge on a felony or misdemeanor offense, the State's Attorney
may request the court to or the court may on its own motion,

SB3642 - 2342 - LRB101 20589 WGH 70218 b
require the person, prior to a hearing on the petition, to
initiate an update of his or her criminal history transcript
with the Illinois Department of State Police. The Department
shall allow a person to use the Access and Review process,
established by rule in the Department, for this purpose. Upon
completion of the update of the criminal history transcript,
the petitioner shall file confirmation of each update with the
court, which shall seal the records from disclosure outside of
court proceedings on the petition.
(Source: P.A. 100-370, eff. 1-1-18.)
(735 ILCS 5/21-102.5)
Sec. 21-102.5. Notice; objection.
(a) The circuit court clerk shall promptly serve a copy of
the petition on the State's Attorney and the Illinois
Department of State Police.
(b) The State's Attorney may file an objection to the
petition. All objections shall be in writing, shall be filed
with the circuit court clerk, and shall state with specificity
the basis of the objection. Objections to a petition must be
filed within 30 days of the date of service of the petition
upon the State's Attorney.
(Source: P.A. 100-370, eff. 1-1-18.)
(735 ILCS 5/21-103) (from Ch. 110, par. 21-103)
Sec. 21-103. Notice by publication.

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(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the person
resides, or if no newspaper is published in that county, then
in some convenient newspaper published in this State. The
notice shall be inserted for 3 consecutive weeks after filing,
the first insertion to be at least 6 weeks before the return
day upon which the petition is to be heard, and shall be signed
by the petitioner or, in case of a minor, the minor's parent or
guardian, and shall set forth the return day of court on which
the petition is to be heard and the name sought to be assumed.
(b) The publication requirement of subsection (a) shall not
be required in any application for a change of name involving a
minor if, before making judgment under this Article, reasonable
notice and opportunity to be heard is given to any parent whose
parental rights have not been previously terminated and to any
person who has physical custody of the child. If any of these
persons are outside this State, notice and opportunity to be
heard shall be given under Section 21-104.
(b-3) The publication requirement of subsection (a) shall

SB3642 - 2344 - LRB101 20589 WGH 70218 b
not be required in any application for a change of name
involving a person who has received a judgment for dissolution
of marriage or declaration of invalidity of marriage and wishes
to change his or her name to resume the use of his or her former
or maiden name.
(b-5) Upon motion, the court may issue an order directing
that the notice and publication requirement be waived for a
change of name involving a person who files with the court a
written declaration that the person believes that publishing
notice of the name change would put the person at risk of
physical harm or discrimination. The person must provide
evidence to support the claim that publishing notice of the
name change would put the person at risk of physical harm or
discrimination.
(c) The Director of the Illinois State Police or his or her
designee may apply to the circuit court for an order directing
that the notice and publication requirements of this Section be
waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness
during and following a criminal investigation or proceeding.
(c-1) The court may enter a written order waiving the
publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as
provided under Section 1-109 of this Code, attesting that

SB3642 - 2345 - LRB101 20589 WGH 70218 b
the petitioner is or has been a person protected under the
Illinois Domestic Violence Act of 1986, the Stalking No
Contact Order Act, the Civil No Contact Order Act, Article
112A of the Code of Criminal Procedure of 1963, a condition
of bail under subsections (b) through (d) of Section 110-10
of the Code of Criminal Procedure of 1963, or a similar
provision of a law in another state or jurisdiction.
The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the petitioner
or any member of the petitioner's family or household at risk
or reveal the confidential address of a shelter for domestic
violence victims, that address may be omitted from all
documents filed with the court, and the petitioner may
designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under
subsection (c-1).
(c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper

SB3642 - 2346 - LRB101 20589 WGH 70218 b
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
100-565 for the effective date of P.A. 100-520); 100-788, eff.
1-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,
eff. 1-1-20.)
Section 1100. The Stalking No Contact Order Act is amended
by changing Sections 80, 115, and 135 as follows:
(740 ILCS 21/80)
Sec. 80. Stalking no contact orders; remedies.
(a) If the court finds that the petitioner has been a
victim of stalking, a stalking no contact order shall issue;
provided that the petitioner must also satisfy the requirements
of Section 95 on emergency orders or Section 100 on plenary
orders. The petitioner shall not be denied a stalking no
contact order because the petitioner or the respondent is a
minor. The court, when determining whether or not to issue a
stalking no contact order, may not require physical injury on
the person of the petitioner. Modification and extension of
prior stalking no contact orders shall be in accordance with
this Act.
(b) A stalking no contact order shall order one or more of
the following:

SB3642 - 2347 - LRB101 20589 WGH 70218 b
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with
the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b-5) When the petitioner and the respondent attend the
same public, private, or non-public elementary, middle, or high
school, the court when issuing a stalking no contact order and
providing relief shall consider the severity of the act, any
continuing physical danger or emotional distress to the
petitioner, the educational rights guaranteed to the

SB3642 - 2348 - LRB101 20589 WGH 70218 b
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another school,
a change of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption that would
be caused by a transfer of the respondent to another school,
and any other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended by the
petitioner, order that the respondent accept a change of
placement or program, as determined by the school district or
private or non-public school, or place restrictions on the
respondent's movements within the school attended by the
petitioner. The respondent bears the burden of proving by a
preponderance of the evidence that a transfer, change of
placement, or change of program of the respondent is not
available. The respondent also bears the burden of production
with respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the respondent
to another school. A transfer, change of placement, or change
of program is not unavailable to the respondent solely on the
ground that the respondent does not agree with the school
district's or private or non-public school's transfer, change
of placement, or change of program or solely on the ground that
the respondent fails or refuses to consent to or otherwise does
not take an action required to effectuate a transfer, change of
placement, or change of program. When a court orders a

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respondent to stay away from the public, private, or non-public
school attended by the petitioner and the respondent requests a
transfer to another attendance center within the respondent's
school district or private or non-public school, the school
district or private or non-public school shall have sole
discretion to determine the attendance center to which the
respondent is transferred. In the event the court order results
in a transfer of the minor respondent to another attendance
center, a change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for transportation
and other costs associated with the transfer or change.
(b-6) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents, guardian, or legal custodian of the respondent are
responsible for transportation and other costs associated with
the change of school by the respondent.
(b-7) The court shall not hold a school district or private
or non-public school or any of its employees in civil or
criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-8) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt

SB3642 - 2350 - LRB101 20589 WGH 70218 b
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of
this Act if the parents, guardian, or legal custodian directed,
encouraged, or assisted the respondent minor in such conduct.
(c) The court may award the petitioner costs and attorneys
fees if a stalking no contact order is granted.
(d) Monetary damages are not recoverable as a remedy.
(e) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's Firearm Owner's Identification
Card and immediately return the card to the Illinois Department
of State Police Firearm Owner's Identification Card Office.
(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
97-1131, eff. 1-1-13.)
(740 ILCS 21/115)
Sec. 115. Notice of orders.
(a) Upon issuance of any stalking no contact order, the
clerk shall immediately:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the petitioner
may, on the same day that a stalking no contact order is

SB3642 - 2351 - LRB101 20589 WGH 70218 b
issued, file a certified copy of that order with the sheriff or
other law enforcement officials charged with maintaining
Illinois Department of State Police records or charged with
serving the order upon the respondent. If the respondent, at
the time of the issuance of the order, is committed to the
custody of the Illinois Department of Corrections or Illinois
Department of Juvenile Justice or is on parole, aftercare
release, or mandatory supervised release, the sheriff or other
law enforcement officials charged with maintaining Illinois
Department of State Police records shall notify the Department
of Corrections or Department of Juvenile Justice within 48
hours of receipt of a copy of the stalking no contact order
from the clerk of the issuing judge or the petitioner. Such
notice shall include the name of the respondent, the
respondent's IDOC inmate number or IDJJ youth identification
number, the respondent's date of birth, and the LEADS Record
Index Number.
(c) Unless the respondent was present in court when the
order was issued, the sheriff, other law enforcement official,
or special process server shall promptly serve that order upon
the respondent and file proof of such service in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the sheriff,
other law enforcement official, special process server, or
other persons defined in Section 117 may serve the respondent
with a short form notification as provided in Section 117. If

SB3642 - 2352 - LRB101 20589 WGH 70218 b
process has not yet been served upon the respondent, it shall
be served with the order or short form notification if such
service is made by the sheriff, other law enforcement official,
or special process server.
(d) If the person against whom the stalking no contact
order is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 95 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for stalking no contact order or receipt of the order issued
under Section 95 of this Act.
(e) Any order extending, modifying, or revoking any
stalking no contact order shall be promptly recorded, issued,
and served as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours of
the issuance of a stalking no contact order, the clerk of the
issuing judge shall send written notice of the order along with
a certified copy of the order to any school, daycare, college,
or university at which the petitioner is enrolled.
(Source: P.A. 101-508, eff. 1-1-20.)
(740 ILCS 21/135)

SB3642 - 2353 - LRB101 20589 WGH 70218 b
Sec. 135. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois Department
of State Police, on the same day as received, in the form and
detail the Department requires, copies of any recorded
emergency or plenary stalking no contact orders issued by the
court and transmitted to the sheriff by the clerk of the court
in accordance with subsection (b) of Section 115 of this Act.
Each stalking no contact order shall be entered in the Law
Enforcement Agencies Data System on the same day it is issued
by the court. If an emergency stalking no contact order was
issued in accordance with subsection (c) of Section 100, the
order shall be entered in the Law Enforcement Agencies Data
System as soon as possible after receipt from the clerk of the
court.
(b) The Illinois Department of State Police shall maintain
a complete and systematic record and index of all valid and
recorded stalking no contact orders issued under this Act. The
data shall be used to inform all dispatchers and law
enforcement officers at the scene of an alleged incident of
stalking or violation of a stalking no contact order of any
recorded prior incident of stalking involving the petitioner
and the effective dates and terms of any recorded stalking no
contact order.
(Source: P.A. 96-246, eff. 1-1-10.)
Section 1105. The Civil No Contact Order Act is amended by

SB3642 - 2354 - LRB101 20589 WGH 70218 b
changing Sections 218 and 302 as follows:
(740 ILCS 22/218)
Sec. 218. Notice of orders.
(a) Upon issuance of any civil no contact order, the clerk
shall immediately:
(1) enter the order on the record and file it in
accordance with the circuit court procedures; and
(2) provide a file stamped copy of the order to the
respondent, if present, and to the petitioner.
(b) The clerk of the issuing judge shall, or the petitioner
may, on the same day that a civil no contact order is issued,
file a certified copy of that order with the sheriff or other
law enforcement officials charged with maintaining Illinois
Department of State Police records or charged with serving the
order upon the respondent. If the respondent, at the time of
the issuance of the order, is committed to the custody of the
Illinois Department of Corrections or Illinois Department of
Juvenile Justice, or is on parole, aftercare release, or
mandatory supervised release, the sheriff or other law
enforcement officials charged with maintaining Illinois
Department of State Police records shall notify the Department
of Corrections or Department of Juvenile Justice within 48
hours of receipt of a copy of the civil no contact order from
the clerk of the issuing judge or the petitioner. Such notice
shall include the name of the respondent, the respondent's IDOC

SB3642 - 2355 - LRB101 20589 WGH 70218 b
inmate number or IDJJ youth identification number, the
respondent's date of birth, and the LEADS Record Index Number.
(c) Unless the respondent was present in court when the
order was issued, the sheriff, other law enforcement official,
or special process server shall promptly serve that order upon
the respondent and file proof of such service in the manner
provided for service of process in civil proceedings. Instead
of serving the order upon the respondent, however, the sheriff,
other law enforcement official, special process server, or
other persons defined in Section 218.1 may serve the respondent
with a short form notification as provided in Section 218.1. If
process has not yet been served upon the respondent, it shall
be served with the order or short form notification if such
service is made by the sheriff, other law enforcement official,
or special process server.
(d) If the person against whom the civil no contact order
is issued is arrested and the written order is issued in
accordance with subsection (c) of Section 214 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for civil no contact order or receipt of the order issued under
Section 214 of this Act.

SB3642 - 2356 - LRB101 20589 WGH 70218 b
(e) Any order extending, modifying, or revoking any civil
no contact order shall be promptly recorded, issued, and served
as provided in this Section.
(f) Upon the request of the petitioner, within 24 hours of
the issuance of a civil no contact order, the clerk of the
issuing judge shall send written notice of the order along with
a certified copy of the order to any school, college, or
university at which the petitioner is enrolled.
(Source: P.A. 101-508, eff. 1-1-20.)
(740 ILCS 22/302)
Sec. 302. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois Department
of State Police, on the same day as received, in the form and
detail the Department requires, copies of any recorded
emergency or plenary civil no contact orders issued by the
court and transmitted to the sheriff by the clerk of the court
in accordance with subsection (b) of Section 218 of this Act.
Each civil no contact order shall be entered in the Law
Enforcement Agencies Data System on the same day it is issued
by the court. If an emergency civil no contact order was issued
in accordance with subsection (c) of Section 214, the order
shall be entered in the Law Enforcement Agencies Data System as
soon as possible after receipt from the clerk of the court.
(b) The Illinois Department of State Police shall maintain
a complete and systematic record and index of all valid and

SB3642 - 2357 - LRB101 20589 WGH 70218 b
recorded civil no contact orders issued under this Act. The
data shall be used to inform all dispatchers and law
enforcement officers at the scene of an alleged incident of
non-consensual sexual conduct or non-consensual sexual
penetration or violation of a civil no contact order of any
recorded prior incident of non-consensual sexual conduct or
non-consensual sexual penetration involving the victim and the
effective dates and terms of any recorded civil no contact
order.
(Source: P.A. 93-236, eff. 1-1-04.)
Section 1110. The Controlled Substance and Cannabis
Nuisance Act is amended by changing Sections 1, 3, and 7 as
follows:
(740 ILCS 40/1) (from Ch. 100 1/2, par. 14)
Sec. 1. As used in this Act unless the context otherwise
requires:
"Department" means the Department of State Police of the
State of Illinois.
"Controlled Substances" means any substance as defined and
included in the Schedules of Article II of the "Illinois
Controlled Substances Act," and cannabis as defined in the
"Cannabis Control Act" enacted by the 77th General Assembly.
"Place" means any store, shop, warehouse, dwelling house,
building, apartment or any place whatever.

SB3642 - 2358 - LRB101 20589 WGH 70218 b
"Nuisance" means any place at which or in which controlled
substances are unlawfully sold, possessed, served, stored,
delivered, manufactured, cultivated, given away or used more
than once within a period of one year.
"Person" means any corporation, association, partner, or
one or more individuals.
(Source: P.A. 87-765.)
(740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
Sec. 3. (a) The Illinois State Police Department or the
State's Attorney or any citizen of the county in which a
nuisance exists may file a complaint in the name of the People
of the State of Illinois to enjoin all persons from maintaining
or permitting such nuisance, to abate the same and to enjoin
the use of any such place for the period of one year.
(b) Upon the filing of a complaint by the State's Attorney
or the Illinois State Police Department in which the complaint
states that irreparable injury, loss or damage will result to
the People of the State of Illinois, the court shall enter a
temporary restraining order without notice enjoining the
maintenance of such nuisance, upon testimony under oath,
affidavit, or verified complaint containing facts sufficient,
if sustained, to justify the court in entering a preliminary
injunction upon a hearing after notice. Every such temporary
restraining order entered without notice shall be endorsed with
the date and hour of entry of the order, shall be filed of

SB3642 - 2359 - LRB101 20589 WGH 70218 b
record, and shall expire by its terms within such time after
entry, not to exceed 10 days as fixed by the court, unless the
temporary restraining order, for good cause, is extended for a
like period or unless the party against whom the order is
directed consents that it may be extended for a longer period.
The reason for extension shall be shown in the order. In case a
temporary restraining order is entered without notice, the
motion for a permanent injunction shall be set down for hearing
at the earliest possible time and takes precedence over all
matters except older matters of the same character, and when
the motion comes on for hearing, the Illinois State Police
Department or State's Attorney, as the case may be, shall
proceed with the application for a permanent injunction, and,
if he does not do so, the court shall dissolve the temporary
restraining order. On 2 days' notice to the Illinois State
Police Department or State's Attorney, as the case may be, the
defendant may appear and move the dissolution or modification
of such temporary restraining order and in that event the court
shall proceed to hear and determine such motion as
expeditiously as the ends of justice require.
(c) Upon the filing of the complaint by a citizen or the
Illinois State Police Department or the State's Attorney (in
cases in which the Illinois State Police Department or State's
Attorney does not request injunctive relief without notice) in
the circuit court, the court, if satisfied that the nuisance
complained of exists, shall allow a temporary restraining

SB3642 - 2360 - LRB101 20589 WGH 70218 b
order, with bond unless the application is filed by the
Illinois State Police Department or State's Attorney, in such
amount as the court may determine, enjoining the defendant from
maintaining any such nuisance within the jurisdiction of the
court granting the injunctive relief. However, no such
injunctive relief shall be granted, except on behalf of an
owner or agent, unless it be made to appear to the satisfaction
of the court that the owner or agent of such place knew or had
been personally served with a notice signed by the plaintiff
and that such notice has been served upon such owner or such
agent of such place at least 5 days prior thereto, that such
place, specifically describing the same, was being so used,
naming the date or dates of its being so used, and that such
owner or agent had failed to abate such nuisance, or that upon
diligent inquiry such owner or agent could not be found for the
service of such preliminary notice. The lessee, if any, of such
place shall be made a party defendant to such petition. If the
property owner is a corporation and the Illinois State Police
Department or the State's Attorney sends the preliminary notice
to the corporate address registered with the Secretary of
State, such action shall create a rebuttable presumption that
the parties have acted with due diligence and the court may
grant injunctive relief.
(d) In all cases in which the complaint is filed by a
citizen, such complaint shall be verified.
(Source: P.A. 99-78, eff. 7-20-15.)

SB3642 - 2361 - LRB101 20589 WGH 70218 b
(740 ILCS 40/7) (from Ch. 100 1/2, par. 20)
Sec. 7. The proceeds of the sale of the movable property
shall be applied in payment of the costs of the proceeding, and
the balance, if any, shall be forwarded by the clerk of the
circuit court to the State Treasurer for deposit into the Drug
Treatment Fund, which is established as a special fund within
the State Treasury. The Department of Human Services may make
grants to persons licensed under Section 15-10 of the Substance
Use Disorder Act or to municipalities or counties from funds
appropriated to the Illinois State Police Department from the
Drug Treatment Fund for the treatment of persons addicted to
alcohol, cannabis, or controlled substances. The Illinois
State Police Department may adopt any rules it deems
appropriate for the administration of these grants. The
Illinois State Police Department shall ensure that the moneys
collected in each county be returned proportionately to the
counties through grants to licensees located within the county
in which the assessment was collected. Moneys in the Fund shall
not supplant other local, state or federal funds.
(Source: P.A. 100-759, eff. 1-1-19.)
Section 1115. The Mental Health and Developmental
Disabilities Confidentiality Act is amended by changing
Sections 12 and 12.2 as follows:

SB3642 - 2362 - LRB101 20589 WGH 70218 b
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
Sec. 12. (a) If the United States Secret Service or the
Illinois Department of State Police requests information from a
mental health or developmental disability facility, as defined
in Section 1-107 and 1-114 of the Mental Health and
Developmental Disabilities Code, relating to a specific
recipient and the facility director determines that disclosure
of such information may be necessary to protect the life of, or
to prevent the infliction of great bodily harm to, a public
official, or a person under the protection of the United States
Secret Service, only the following information may be
disclosed: the recipient's name, address, and age and the date
of any admission to or discharge from a facility; and any
information which would indicate whether or not the recipient
has a history of violence or presents a danger of violence to
the person under protection. Any information so disclosed shall
be used for investigative purposes only and shall not be
publicly disseminated. Any person participating in good faith
in the disclosure of such information in accordance with this
provision shall have immunity from any liability, civil,
criminal or otherwise, if such information is disclosed relying
upon the representation of an officer of the United States
Secret Service or the Illinois Department of State Police that
a person is under the protection of the United States Secret
Service or is a public official.
For the purpose of this subsection (a), the term "public

SB3642 - 2363 - LRB101 20589 WGH 70218 b
official" means the Governor, Lieutenant Governor, Attorney
General, Secretary of State, State Comptroller, State
Treasurer, member of the General Assembly, member of the United
States Congress, Judge of the United States as defined in 28
U.S.C. 451, Justice of the United States as defined in 28
U.S.C. 451, United States Magistrate Judge as defined in 28
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
Supreme, Appellate, Circuit, or Associate Judge of the State of
Illinois. The term shall also include the spouse, child or
children of a public official.
(b) The Department of Human Services (acting as successor
to the Department of Mental Health and Developmental
Disabilities) and all public or private hospitals and mental
health facilities are required, as hereafter described in this
subsection, to furnish the Illinois Department of State Police
only such information as may be required for the sole purpose
of determining whether an individual who may be or may have
been a patient is disqualified because of that status from
receiving or retaining a Firearm Owner's Identification Card or
falls within the federal prohibitors under subsection (e), (f),
(g), (r), (s), or (t) of Section 8 of the Firearm Owners
Identification Card Act, or falls within the federal
prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
clinical psychologists, or qualified examiners at public or
private mental health facilities or parts thereof as defined in
this subsection shall, in the form and manner required by the

SB3642 - 2364 - LRB101 20589 WGH 70218 b
Department, provide notice directly to the Department of Human
Services, or to his or her employer who shall then report to
the Department, within 24 hours after determining that a person
poses a clear and present danger to himself, herself, or
others, or within 7 days after a person 14 years or older is
determined to be a person with a developmental disability by a
physician, clinical psychologist, or qualified examiner as
described in Section 1.1 of the Firearm Owners Identification
Card Act. If a person is a patient as described in clause (1)
of the definition of "patient" in Section 1.1 of the Firearm
Owners Identification Card Act, this information shall be
furnished within 7 days after admission to a public or private
hospital or mental health facility or the provision of
services. Any such information disclosed under this subsection
shall remain privileged and confidential, and shall not be
redisclosed, except as required by subsection (e) of Section
3.1 of the Firearm Owners Identification Card Act, nor utilized
for any other purpose. The method of requiring the providing of
such information shall guarantee that no information is
released beyond what is necessary for this purpose. In
addition, the information disclosed shall be provided by the
Department within the time period established by Section 24-3
of the Criminal Code of 2012 regarding the delivery of
firearms. The method used shall be sufficient to provide the
necessary information within the prescribed time period, which
may include periodically providing lists to the Department of

SB3642 - 2365 - LRB101 20589 WGH 70218 b
Human Services or any public or private hospital or mental
health facility of Firearm Owner's Identification Card
applicants on which the Department or hospital shall indicate
the identities of those individuals who are to its knowledge
disqualified from having a Firearm Owner's Identification Card
for reasons described herein. The Department may provide for a
centralized source of information for the State on this subject
under its jurisdiction. The identity of the person reporting
under this subsection shall not be disclosed to the subject of
the report. For the purposes of this subsection, the physician,
clinical psychologist, or qualified examiner making the
determination and his or her employer shall not be held
criminally, civilly, or professionally liable for making or not
making the notification required under this subsection, except
for willful or wanton misconduct.
Any person, institution, or agency, under this Act,
participating in good faith in the reporting or disclosure of
records and communications otherwise in accordance with this
provision or with rules, regulations or guidelines issued by
the Department shall have immunity from any liability, civil,
criminal or otherwise, that might result by reason of the
action. For the purpose of any proceeding, civil or criminal,
arising out of a report or disclosure in accordance with this
provision, the good faith of any person, institution, or agency
so reporting or disclosing shall be presumed. The full extent
of the immunity provided in this subsection (b) shall apply to

SB3642 - 2366 - LRB101 20589 WGH 70218 b
any person, institution or agency that fails to make a report
or disclosure in the good faith belief that the report or
disclosure would violate federal regulations governing the
confidentiality of alcohol and drug abuse patient records
implementing 42 U.S.C. 290dd-3 and 290ee-3.
For purposes of this subsection (b) only, the following
terms shall have the meaning prescribed:
(1) (Blank).
(1.3) "Clear and present danger" has the meaning as
defined in Section 1.1 of the Firearm Owners Identification
Card Act.
(1.5) "Person with a developmental disability" has the
meaning as defined in Section 1.1 of the Firearm Owners
Identification Card Act.
(2) "Patient" has the meaning as defined in Section 1.1
of the Firearm Owners Identification Card Act.
(3) "Mental health facility" has the meaning as defined
in Section 1.1 of the Firearm Owners Identification Card
Act.
(c) Upon the request of a peace officer who takes a person
into custody and transports such person to a mental health or
developmental disability facility pursuant to Section 3-606 or
4-404 of the Mental Health and Developmental Disabilities Code
or who transports a person from such facility, a facility
director shall furnish said peace officer the name, address,
age and name of the nearest relative of the person transported

SB3642 - 2367 - LRB101 20589 WGH 70218 b
to or from the mental health or developmental disability
facility. In no case shall the facility director disclose to
the peace officer any information relating to the diagnosis,
treatment or evaluation of the person's mental or physical
health.
For the purposes of this subsection (c), the terms "mental
health or developmental disability facility", "peace officer"
and "facility director" shall have the meanings ascribed to
them in the Mental Health and Developmental Disabilities Code.
(d) Upon the request of a peace officer or prosecuting
authority who is conducting a bona fide investigation of a
criminal offense, or attempting to apprehend a fugitive from
justice, a facility director may disclose whether a person is
present at the facility. Upon request of a peace officer or
prosecuting authority who has a valid forcible felony warrant
issued, a facility director shall disclose: (1) whether the
person who is the subject of the warrant is present at the
facility and (2) the date of that person's discharge or future
discharge from the facility. The requesting peace officer or
prosecuting authority must furnish a case number and the
purpose of the investigation or an outstanding arrest warrant
at the time of the request. Any person, institution, or agency
participating in good faith in disclosing such information in
accordance with this subsection (d) is immune from any
liability, civil, criminal or otherwise, that might result by
reason of the action.

SB3642 - 2368 - LRB101 20589 WGH 70218 b
(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
eff. 7-27-15; 99-642, eff. 7-28-16.)
(740 ILCS 110/12.2) (from Ch. 91 1/2, par. 812.2)
Sec. 12.2. (a) When a recipient who has been judicially or
involuntarily admitted, or is a forensic recipient admitted to
a developmental disability or mental health facility, as
defined in Section 1-107 or 1-114 of the Mental Health and
Developmental Disabilities Code, is on an unauthorized absence
or otherwise has left the custody of the Department of Human
Services without being discharged or being free to do so, the
facility director shall immediately furnish and disclose to the
appropriate local law enforcement agency identifying
information, as defined in this Section, and all further
information unrelated to the diagnosis, treatment or
evaluation of the recipient's mental or physical health that
would aid the law enforcement agency in recovering the
recipient and returning him or her to custody. When a forensic
recipient is on an unauthorized absence or otherwise has left
the custody of the Department without being discharged or being
free to do so, the facility director, or designee, of a mental
health facility or developmental facility operated by the
Department shall also immediately notify, in like manner, the
Illinois Department of State Police.
(b) If a law enforcement agency requests information from a
developmental disability or mental health facility, as defined

SB3642 - 2369 - LRB101 20589 WGH 70218 b
in Section 1-107 or 1-114 of the Mental Health and
Developmental Disabilities Code, relating to a recipient who
has been admitted to the facility and for whom a missing person
report has been filed with a law enforcement agency, the
facility director shall, except in the case of a voluntary
recipient wherein the recipient's permission in writing must
first be obtained, furnish and disclose to the law enforcement
agency identifying information as is necessary to confirm or
deny whether that person is, or has been since the missing
person report was filed, a resident of that facility. The
facility director shall notify the law enforcement agency if
the missing person is admitted after the request. Any person
participating in good faith in the disclosure of information in
accordance with this provision shall have immunity from any
liability, civil, criminal, or otherwise, if the information is
disclosed relying upon the representation of an officer of a
law enforcement agency that a missing person report has been
filed.
(c) Upon the request of a law enforcement agency in
connection with the investigation of a particular felony or sex
offense, when the investigation case file number is furnished
by the law enforcement agency, a facility director shall
immediately disclose to that law enforcement agency
identifying information on any forensic recipient who is
admitted to a developmental disability or mental health
facility, as defined in Section 1-107 or 1-114 of the Mental

SB3642 - 2370 - LRB101 20589 WGH 70218 b
Health and Developmental Disabilities Code, who was or may have
been away from the facility at or about the time of the
commission of a particular felony or sex offense, and: (1)
whose description, clothing, or both reasonably match the
physical description of any person allegedly involved in that
particular felony or sex offense; or (2) whose past modus
operandi matches the modus operandi of that particular felony
or sex offense.
(d) For the purposes of this Section and Section 12.1, "law
enforcement agency" means an agency of the State or unit of
local government that is vested by law or ordinance with the
duty to maintain public order and to enforce criminal laws or
ordinances, the Federal Bureau of Investigation, the Central
Intelligence Agency, and the United States Secret Service.
(e) For the purpose of this Section, "identifying
information" means the name, address, age, and a physical
description, including clothing, of the recipient of services,
the names and addresses of the recipient's nearest known
relatives, where the recipient was known to have been during
any past unauthorized absences from a facility, whether the
recipient may be suicidal, and the condition of the recipient's
physical health as it relates to exposure to the weather.
Except as provided in Section 11, in no case shall the facility
director disclose to the law enforcement agency any information
relating to the diagnosis, treatment, or evaluation of the
recipient's mental or physical health, unless the disclosure is

SB3642 - 2371 - LRB101 20589 WGH 70218 b
deemed necessary by the facility director to insure the safety
of the investigating officers or general public.
(f) For the purpose of this Section, "forensic recipient"
means a recipient who is placed in a developmental disability
facility or mental health facility, as defined in Section 1-107
or 1-114 of the Mental Health and Developmental Disabilities
Code, pursuant to Article 104 of the Code of Criminal Procedure
of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4 of the Unified Code
of Corrections.
(Source: P.A. 98-756, eff. 7-16-14; 99-216, eff. 7-31-15.)
Section 1120. The Illinois False Claims Act is amended by
changing Sections 2, 4, and 8 as follows:
(740 ILCS 175/2) (from Ch. 127, par. 4102)
Sec. 2. Definitions. As used in this Act:
(a) "State" means the State of Illinois; any agency of
State government; the system of State colleges and
universities, any school district, community college district,
county, municipality, municipal corporation, unit of local
government, and any combination of the above under an
intergovernmental agreement that includes provisions for a
governing body of the agency created by the agreement.
(b) "Guard" means the Illinois National Guard.
(c) "Investigation" means any inquiry conducted by any
investigator for the purpose of ascertaining whether any person

SB3642 - 2372 - LRB101 20589 WGH 70218 b
is or has been engaged in any violation of this Act.
(d) "Investigator" means a person who is charged by the
Attorney General or the Illinois Department of State Police
with the duty of conducting any investigation under this Act,
or any officer or employee of the State acting under the
direction and supervision of the Attorney General or the
Illinois Department of State Police, through the Division of
Operations or the Division of Internal Investigation, in the
course of an investigation.
(e) "Documentary material" includes the original or any
copy of any book, record, report, memorandum, paper,
communication, tabulation, chart, or other document, or data
compilations stored in or accessible through computer or other
information retrieval systems, together with instructions and
all other materials necessary to use or interpret such data
compilations, and any product of discovery.
(f) "Custodian" means the custodian, or any deputy
custodian, designated by the Attorney General under subsection
(i)(1) of Section 6.
(g) "Product of discovery" includes:
(1) the original or duplicate of any deposition,
interrogatory, document, thing, result of the inspection
of land or other property, examination, or admission, which
is obtained by any method of discovery in any judicial or
administrative proceeding of an adversarial nature;
(2) any digest, analysis, selection, compilation, or

SB3642 - 2373 - LRB101 20589 WGH 70218 b
derivation of any item listed in paragraph (1); and
(3) any index or other manner of access to any item
listed in paragraph (1).
(Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)
(740 ILCS 175/4) (from Ch. 127, par. 4104)
Sec. 4. Civil actions for false claims.
(a) Responsibilities of the Attorney General and the
Illinois Department of State Police. The Attorney General or
the Illinois Department of State Police shall diligently
investigate a civil violation under Section 3. If the Attorney
General finds that a person violated or is violating Section 3,
the Attorney General may bring a civil action under this
Section against the person.
The State shall receive an amount for reasonable expenses
that the court finds to have been necessarily incurred by the
Attorney General, including reasonable attorneys' fees and
costs. All such expenses, fees, and costs shall be awarded
against the defendant. The court may award amounts from the
proceeds of an action or settlement that it considers
appropriate to any governmental entity or program that has been
adversely affected by a defendant. The Attorney General, if
necessary, shall direct the State Treasurer to make a
disbursement of funds as provided in court orders or settlement
agreements.
(b) Actions by private persons.

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(1) A person may bring a civil action for a violation
of Section 3 for the person and for the State. The action
shall be brought in the name of the State. The action may
be dismissed only if the court and the Attorney General
give written consent to the dismissal and their reasons for
consenting.
(2) A copy of the complaint and written disclosure of
substantially all material evidence and information the
person possesses shall be served on the State. The
complaint shall be filed in camera, shall remain under seal
for at least 60 days, and shall not be served on the
defendant until the court so orders. The State may elect to
intervene and proceed with the action within 60 days after
it receives both the complaint and the material evidence
and information.
(3) The State may, for good cause shown, move the court
for extensions of the time during which the complaint
remains under seal under paragraph (2). Any such motions
may be supported by affidavits or other submissions in
camera. The defendant shall not be required to respond to
any complaint filed under this Section until 20 days after
the complaint is unsealed and served upon the defendant.
(4) Before the expiration of the 60-day period or any
extensions obtained under paragraph (3), the State shall:
(A) proceed with the action, in which case the
action shall be conducted by the State; or

SB3642 - 2375 - LRB101 20589 WGH 70218 b
(B) notify the court that it declines to take over
the action, in which case the person bringing the
action shall have the right to conduct the action.
(5) When a person brings an action under this
subsection (b), no person other than the State may
intervene or bring a related action based on the facts
underlying the pending action.
(c) Rights of the parties to Qui Tam actions.
(1) If the State proceeds with the action, it shall
have the primary responsibility for prosecuting the
action, and shall not be bound by an act of the person
bringing the action. Such person shall have the right to
continue as a party to the action, subject to the
limitations set forth in paragraph (2).
(2)(A) The State may dismiss the action
notwithstanding the objections of the person initiating
the action if the person has been notified by the State of
the filing of the motion and the court has provided the
person with an opportunity for a hearing on the motion.
(B) The State may settle the action with the defendant
notwithstanding the objections of the person initiating
the action if the court determines, after a hearing, that
the proposed settlement is fair, adequate, and reasonable
under all the circumstances. Upon a showing of good cause,
such hearing may be held in camera.
(C) Upon a showing by the State that unrestricted

SB3642 - 2376 - LRB101 20589 WGH 70218 b
participation during the course of the litigation by the
person initiating the action would interfere with or unduly
delay the State's prosecution of the case, or would be
repetitious, irrelevant, or for purposes of harassment,
the court may, in its discretion, impose limitations on the
person's participation, such as:
(i) limiting the number of witnesses the person may
call:
(ii) limiting the length of the testimony of such
witnesses;
(iii) limiting the person's cross-examination of
witnesses; or
(iv) otherwise limiting the participation by the
person in the litigation.
(D) Upon a showing by the defendant that unrestricted
participation during the course of the litigation by the
person initiating the action would be for purposes of
harassment or would cause the defendant undue burden or
unnecessary expense, the court may limit the participation
by the person in the litigation.
(3) If the State elects not to proceed with the action,
the person who initiated the action shall have the right to
conduct the action. If the State so requests, it shall be
served with copies of all pleadings filed in the action and
shall be supplied with copies of all deposition transcripts
(at the State's expense). When a person proceeds with the

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action, the court, without limiting the status and rights
of the person initiating the action, may nevertheless
permit the State to intervene at a later date upon a
showing of good cause.
(4) Whether or not the State proceeds with the action,
upon a showing by the State that certain actions of
discovery by the person initiating the action would
interfere with the State's investigation or prosecution of
a criminal or civil matter arising out of the same facts,
the court may stay such discovery for a period of not more
than 60 days. Such a showing shall be conducted in camera.
The court may extend the 60-day period upon a further
showing in camera that the State has pursued the criminal
or civil investigation or proceedings with reasonable
diligence and any proposed discovery in the civil action
will interfere with the ongoing criminal or civil
investigation or proceedings.
(5) Notwithstanding subsection (b), the State may
elect to pursue its claim through any alternate remedy
available to the State, including any administrative
proceeding to determine a civil money penalty. If any such
alternate remedy is pursued in another proceeding, the
person initiating the action shall have the same rights in
such proceeding as such person would have had if the action
had continued under this Section. Any finding of fact or
conclusion of law made in such other proceeding that has

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become final shall be conclusive on all parties to an
action under this Section. For purposes of the preceding
sentence, a finding or conclusion is final if it has been
finally determined on appeal to the appropriate court, if
all time for filing such an appeal with respect to the
finding or conclusion has expired, or if the finding or
conclusion is not subject to judicial review.
(d) Award to Qui Tam plaintiff.
(1) If the State proceeds with an action brought by a
person under subsection (b), such person shall, subject to
the second sentence of this paragraph, receive at least 15%
but not more than 25% of the proceeds of the action or
settlement of the claim, depending upon the extent to which
the person substantially contributed to the prosecution of
the action. Where the action is one which the court finds
to be based primarily on disclosures of specific
information (other than information provided by the person
bringing the action) relating to allegations or
transactions in a criminal, civil, or administrative
hearing, in a legislative, administrative, or Auditor
General's report, hearing, audit, or investigation, or
from the news media, the court may award such sums as it
considers appropriate, but in no case more than 10% of the
proceeds, taking into account the significance of the
information and the role of the person bringing the action
in advancing the case to litigation. Any payment to a

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person under the first or second sentence of this paragraph
(1) shall be made from the proceeds. Any such person shall
also receive an amount for reasonable expenses which the
court finds to have been necessarily incurred, plus
reasonable attorneys' fees and costs. The State shall also
receive an amount for reasonable expenses which the court
finds to have been necessarily incurred by the Attorney
General, including reasonable attorneys' fees and costs.
All such expenses, fees, and costs shall be awarded against
the defendant. The court may award amounts from the
proceeds of an action or settlement that it considers
appropriate to any governmental entity or program that has
been adversely affected by a defendant. The Attorney
General, if necessary, shall direct the State Treasurer to
make a disbursement of funds as provided in court orders or
settlement agreements.
(2) If the State does not proceed with an action under
this Section, the person bringing the action or settling
the claim shall receive an amount which the court decides
is reasonable for collecting the civil penalty and damages.
The amount shall be not less than 25% and not more than 30%
of the proceeds of the action or settlement and shall be
paid out of such proceeds. Such person shall also receive
an amount for reasonable expenses which the court finds to
have been necessarily incurred, plus reasonable attorneys'
fees and costs. All such expenses, fees, and costs shall be

SB3642 - 2380 - LRB101 20589 WGH 70218 b
awarded against the defendant. The court may award amounts
from the proceeds of an action or settlement that it
considers appropriate to any governmental entity or
program that has been adversely affected by a defendant.
The Attorney General, if necessary, shall direct the State
Treasurer to make a disbursement of funds as provided in
court orders or settlement agreements.
(3) Whether or not the State proceeds with the action,
if the court finds that the action was brought by a person
who planned and initiated the violation of Section 3 upon
which the action was brought, then the court may, to the
extent the court considers appropriate, reduce the share of
the proceeds of the action which the person would otherwise
receive under paragraph (1) or (2) of this subsection (d),
taking into account the role of that person in advancing
the case to litigation and any relevant circumstances
pertaining to the violation. If the person bringing the
action is convicted of criminal conduct arising from his or
her role in the violation of Section 3, that person shall
be dismissed from the civil action and shall not receive
any share of the proceeds of the action. Such dismissal
shall not prejudice the right of the State to continue the
action, represented by the Attorney General.
(4) If the State does not proceed with the action and
the person bringing the action conducts the action, the
court may award to the defendant its reasonable attorneys'

SB3642 - 2381 - LRB101 20589 WGH 70218 b
fees and expenses if the defendant prevails in the action
and the court finds that the claim of the person bringing
the action was clearly frivolous, clearly vexatious, or
brought primarily for purposes of harassment.
(e) Certain actions barred.
(1) No court shall have jurisdiction over an action
brought by a former or present member of the Guard under
subsection (b) of this Section against a member of the
Guard arising out of such person's service in the Guard.
(2)(A) No court shall have jurisdiction over an action
brought under subsection (b) against a member of the
General Assembly, a member of the judiciary, or an exempt
official if the action is based on evidence or information
known to the State when the action was brought.
(B) For purposes of this paragraph (2), "exempt
official" means any of the following officials in State
service: directors of departments established under the
Civil Administrative Code of Illinois, the Adjutant
General, the Assistant Adjutant General, the Director of
the State Emergency Services and Disaster Agency, members
of the boards and commissions, and all other positions
appointed by the Governor by and with the consent of the
Senate.
(3) In no event may a person bring an action under
subsection (b) which is based upon allegations or
transactions which are the subject of a civil suit or an

SB3642 - 2382 - LRB101 20589 WGH 70218 b
administrative civil money penalty proceeding in which the
State is already a party.
(4)(A) The court shall dismiss an action or claim under
this Section, unless opposed by the State, if substantially
the same allegations or transactions as alleged in the
action or claim were publicly disclosed:
(i) in a criminal, civil, or administrative
hearing in which the State or its agent is a party;
(ii) in a State legislative, State Auditor
General, or other State report, hearing, audit, or
investigation; or
(iii) from the news media,
unless the action is brought by the Attorney General or the
person bringing the action is an original source of the
information.
(B) For purposes of this paragraph (4), "original
source" means an individual who either (i) prior to a
public disclosure under subparagraph (A) of this paragraph
(4), has voluntarily disclosed to the State the information
on which allegations or transactions in a claim are based,
or (ii) has knowledge that is independent of and materially
adds to the publicly disclosed allegations or
transactions, and who has voluntarily provided the
information to the State before filing an action under this
Section.
(f) State not liable for certain expenses. The State is not

SB3642 - 2383 - LRB101 20589 WGH 70218 b
liable for expenses which a person incurs in bringing an action
under this Section.
(g) Relief from retaliatory actions.
(1) In general, any employee, contractor, or agent
shall be entitled to all relief necessary to make that
employee, contractor, or agent whole, if that employee,
contractor, or agent is discharged, demoted, suspended,
threatened, harassed, or in any other manner discriminated
against in the terms and conditions of employment because
of lawful acts done by the employee, contractor, agent, or
associated others in furtherance of an action under this
Section or other efforts to stop one or more violations of
this Act.
(2) Relief under paragraph (1) shall include
reinstatement with the same seniority status that the
employee, contractor, or agent would have had but for the
discrimination, 2 times the amount of back pay, interest on
the back pay, and compensation for any special damages
sustained as a result of the discrimination, including
litigation costs and reasonable attorneys' fees. An action
under this subsection (g) may be brought in the appropriate
circuit court for the relief provided in this subsection
(g).
(3) A civil action under this subsection may not be
brought more than 3 years after the date when the
retaliation occurred.

SB3642 - 2384 - LRB101 20589 WGH 70218 b
(Source: P.A. 96-1304, eff. 7-27-10; 97-978, eff. 8-17-12.)
(740 ILCS 175/8) (from Ch. 127, par. 4108)
Sec. 8. Funds; Grants.
(a) There is hereby created the State Whistleblower Reward
and Protection Fund to be held outside of the State Treasury
with the State Treasurer as custodian. All proceeds of an
action or settlement of a claim brought under this Act shall be
deposited in the Fund. Any attorneys' fees, expenses, and costs
paid by or awarded against any defendant pursuant to Section 4
of this Act shall not be considered part of the proceeds to be
deposited in the Fund.
(b) Monies in the Fund shall be allocated as follows:
One-sixth of the monies shall be paid to the Attorney General
Whistleblower Reward and Protection Fund, which is hereby
created as a special fund in the State Treasury, and one-sixth
of the monies shall be paid to the State Police Whistleblower
Reward and Protection Fund, which is hereby created as a
special fund in the State Treasury, for State law enforcement
purposes. The remaining two-thirds of the monies in the Fund
shall be used for payment of awards to Qui Tam plaintiffs and
as otherwise specified in this Act, with any remainder to the
General Revenue Fund. The Attorney General shall direct the
State Treasurer to make disbursement of funds.
(Source: P.A. 101-148, eff. 7-26-19.)

SB3642 - 2385 - LRB101 20589 WGH 70218 b
Section 1125. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 607.5 as follows:
(750 ILCS 5/607.5)
Sec. 607.5. Abuse of allocated parenting time.
(a) The court shall provide an expedited procedure for the
enforcement of allocated parenting time.
(b) An action for the enforcement of allocated parenting
time may be commenced by a parent or a person appointed under
Section 506 by filing a petition setting forth: (i) the
petitioner's name and residence address or mailing address,
except that if the petition states that disclosure of
petitioner's address would risk abuse of petitioner or any
member of petitioner's family or household or reveal the
confidential address of a shelter for domestic violence
victims, that address may be omitted from the petition; (ii)
the respondent's name and place of residence, place of
employment, or mailing address; (iii) the terms of the
parenting plan or allocation judgment then in effect; (iv) the
nature of the violation of the allocation of parenting time,
giving dates and other relevant information; and (v) that a
reasonable attempt was made to resolve the dispute.
(c) If the court finds by a preponderance of the evidence
that a parent has not complied with allocated parenting time
according to an approved parenting plan or a court order, the
court, in the child's best interests, shall issue an order that

SB3642 - 2386 - LRB101 20589 WGH 70218 b
may include one or more of the following:
(1) an imposition of additional terms and conditions
consistent with the court's previous allocation of
parenting time or other order;
(2) a requirement that either or both of the parties
attend a parental education program at the expense of the
non-complying parent;
(3) upon consideration of all relevant factors,
particularly a history or possibility of domestic
violence, a requirement that the parties participate in
family or individual counseling, the expense of which shall
be allocated by the court; if counseling is ordered, all
counseling sessions shall be confidential, and the
communications in counseling shall not be used in any
manner in litigation nor relied upon by an expert appointed
by the court or retained by any party;
(4) a requirement that the non-complying parent post a
cash bond or other security to ensure future compliance,
including a provision that the bond or other security may
be forfeited to the other parent for payment of expenses on
behalf of the child as the court shall direct;
(5) a requirement that makeup parenting time be
provided for the aggrieved parent or child under the
following conditions:
(A) that the parenting time is of the same type and
duration as the parenting time that was denied,

SB3642 - 2387 - LRB101 20589 WGH 70218 b
including but not limited to parenting time during
weekends, on holidays, and on weekdays and during times
when the child is not in school;
(B) that the parenting time is made up within 6
months after the noncompliance occurs, unless the
period of time or holiday cannot be made up within 6
months, in which case the parenting time shall be made
up within one year after the noncompliance occurs;
(6) a finding that the non-complying parent is in
contempt of court;
(7) an imposition on the non-complying parent of an
appropriate civil fine per incident of denied parenting
time;
(8) a requirement that the non-complying parent
reimburse the other parent for all reasonable expenses
incurred as a result of the violation of the parenting plan
or court order; and
(9) any other provision that may promote the child's
best interests.
(d) In addition to any other order entered under subsection
(c), except for good cause shown, the court shall order a
parent who has failed to provide allocated parenting time or to
exercise allocated parenting time to pay the aggrieved party
his or her reasonable attorney's fees, court costs, and
expenses associated with an action brought under this Section.
If the court finds that the respondent in an action brought

SB3642 - 2388 - LRB101 20589 WGH 70218 b
under this Section has not violated the allocated parenting
time, the court may order the petitioner to pay the
respondent's reasonable attorney's fees, court costs, and
expenses incurred in the action.
(e) Nothing in this Section precludes a party from
maintaining any other action as provided by law.
(f) When the court issues an order holding a party in
contempt for violation of a parenting time order and finds that
the party engaged in parenting time abuse, the court may order
one or more of the following:
(1) Suspension of a party's Illinois driving
privileges pursuant to Section 7-703 of the Illinois
Vehicle Code until the court determines that the party is
in compliance with the parenting time order. The court may
also order that a party be issued a family financial
responsibility driving permit that would allow limited
driving privileges for employment, for medical purposes,
and to transport a child to or from scheduled parenting
time in order to comply with a parenting time order in
accordance with subsection (a-1) of Section 7-702.1 of the
Illinois Vehicle Code.
(2) Placement of a party on probation with such
conditions of probation as the court deems advisable.
(3) Sentencing of a party to periodic imprisonment for
a period not to exceed 6 months; provided, that the court
may permit the party to be released for periods of time

SB3642 - 2389 - LRB101 20589 WGH 70218 b
during the day or night to:
(A) work; or
(B) conduct a business or other self-employed
occupation.
(4) Find that a party in engaging in parenting time
abuse is guilty of a petty offense and should be fined an
amount of no more than $500 for each finding of parenting
time abuse.
(g) When the court issues an order holding a party in
contempt of court for violation of a parenting order, the clerk
shall transmit a copy of the contempt order to the sheriff of
the county. The sheriff shall furnish a copy of each contempt
order to the Illinois Department of State Police on a daily
basis in the form and manner required by the Department. The
Department shall maintain a complete record and index of the
contempt orders and make this data available to all local law
enforcement agencies.
(h) Nothing contained in this Section shall be construed to
limit the court's contempt power.
(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
Section 1130. The Adoption Act is amended by changing
Sections 6 and 12.3 as follows:
(750 ILCS 50/6) (from Ch. 40, par. 1508)
Sec. 6. A. Investigation; all cases. Within 10 days after

SB3642 - 2390 - LRB101 20589 WGH 70218 b
the filing of a petition for the adoption or standby adoption
of a child other than a related child, the court shall appoint
a child welfare agency approved by the Department of Children
and Family Services, or a person deemed competent by the court,
or in Cook County the Court Services Division of the Cook
County Department of Public Aid, or the Department of Children
and Family Services if the court determines that no child
welfare agency is available or that the petitioner is
financially unable to pay for the investigation, to investigate
accurately, fully and promptly, the allegations contained in
the petition; the character, reputation, health and general
standing in the community of the petitioners; the religious
faith of the petitioners and, if ascertainable, of the child
sought to be adopted; and whether the petitioners are proper
persons to adopt the child and whether the child is a proper
subject of adoption. The investigation required under this
Section shall include a fingerprint based criminal background
check with a review of fingerprints by the Illinois State
Police and Federal Bureau of Investigation. Each petitioner
subject to this investigation, shall submit his or her
fingerprints to the Illinois Department of State Police in the
form and manner prescribed by the Illinois Department of State
Police. These fingerprints shall be checked against the
fingerprint records now and hereafter filed in the Illinois
Department of State Police and Federal Bureau of Investigation
criminal history records databases. The Illinois Department of

SB3642 - 2391 - LRB101 20589 WGH 70218 b
State Police shall charge a fee for conducting the criminal
history records check, which shall be deposited in the State
Police Services Fund and shall not exceed the actual cost of
the records check. The criminal background check required by
this Section shall include a listing of when, where and by whom
the criminal background check was prepared. The criminal
background check required by this Section shall not be more
than two years old.
Neither a clerk of the circuit court nor a judge may
require that a criminal background check or fingerprint review
be filed with, or at the same time as, an initial petition for
adoption.
B. Investigation; foreign-born child. In the case of a
child born outside the United States or a territory thereof, in
addition to the investigation required under subsection (A) of
this Section, a post-placement investigation shall be
conducted in accordance with the requirements of the Child Care
Act of 1969, the Interstate Compact on the Placement of
Children, and the Intercountry Adoption Act of 2000.
The requirements of a post-placement investigation shall
be deemed to have been satisfied if a valid final order or
judgment of adoption has been entered by a court of competent
jurisdiction in a country other than the United States or a
territory thereof with respect to such child and the
petitioners.
C. Report of investigation. The court shall determine

SB3642 - 2392 - LRB101 20589 WGH 70218 b
whether the costs of the investigation shall be charged to the
petitioners. The information obtained as a result of such
investigation shall be presented to the court in a written
report. The results of the criminal background check required
under subsection (A) shall be provided to the court for its
review. The court may, in its discretion, weigh the
significance of the results of the criminal background check
against the entirety of the background of the petitioners. The
Court, in its discretion, may accept the report of the
investigation previously made by a licensed child welfare
agency, if made within one year prior to the entry of the
judgment. Such report shall be treated as confidential and
withheld from inspection unless findings adverse to the
petitioners or to the child sought to be adopted are contained
therein, and in that event the court shall inform the
petitioners of the relevant portions pertaining to the adverse
findings. In no event shall any facts set forth in the report
be considered at the hearing of the proceeding, unless
established by competent evidence. The report shall be filed
with the record of the proceeding. If the file relating to the
proceeding is not impounded, the report shall be impounded by
the clerk of the court and shall be made available for
inspection only upon order of the court.
D. Related adoption. Such investigation shall not be made
when the petition seeks to adopt a related child or an adult
unless the court, in its discretion, shall so order. In such an

SB3642 - 2393 - LRB101 20589 WGH 70218 b
event the court may appoint a person deemed competent by the
court.
(Source: P.A. 98-455, eff. 1-1-14.)
(750 ILCS 50/12.3)
Sec. 12.3. Additional requirements in private adoptions.
In cases of adoptions in which an Illinois licensed child
welfare agency is not providing adoption services and the child
who is the subject of the adoption is not a related child of
the prospective adoptive parent and not under the custody or
guardianship of the Department of Children and Family Services
under the Juvenile Court Act of 1987, the following
requirements shall apply in addition to any other applicable
requirements set forth in Section 6 or other provisions of this
Act:
(1) Within 10 days of filing a petition for adoption
pursuant to Section 5 of this Act, the prospective adoptive
parents and anyone 18 years of age or older who resides in
the adoptive home must initiate requests for background
checks from the following: the State police and child abuse
registry from every state of residence for the 5 years
preceding the filing date of the petition, the FBI, the
National Sex Offender Registry, and, if Illinois
residents, from the Illinois State Police and Child Abuse
and Neglect Tracking System. The background checks must be
fingerprint-based, if available. The Child Abuse and

SB3642 - 2394 - LRB101 20589 WGH 70218 b
Neglect Tracking System background check must also be
requested for each person 13 to 17 years of age living in
the adoptive home.
(2) Within 30 days of filing a petition for adoption,
the results of the background checks set forth in paragraph
(1) of this Section shall be provided to the guardian ad
litem of the child appointed by the court or, should there
not be a guardian ad litem, to the investigator appointed
by the court pursuant to subsection A of Section 6 of this
Act.
(3) An initial assessment, including a home visit, must
be made by the guardian ad litem or the investigator
appointed by the court pursuant to subsection A of Section
6 of this Act no later than 30 days of said appointment;
(4) As part of the investigation, the guardian ad litem
or the investigator appointed by the court pursuant to
subsection A of Section 6 of this Act must provide the
prospective adoptive parents with the Adoptive Parent
Rights and Responsibilities-Private Form set forth in
Section 12.2 of this Act. The prospective adoptive parent
or parents must sign the form acknowledging receipt of the
form, and the original form must be filed with the court at
the time of the issuance of the interim order, and a copy
must be provided to the prospective parent or parents;
(5) The attorney for the prospective adoptive parent or
parents or the birth parent or parents shall provide the

SB3642 - 2395 - LRB101 20589 WGH 70218 b
prospective adoptive parent or parents with the Birth
Parent Medical form or forms if completed by the birth
parent or parents as set forth in subsection A-2 of Section
10 of this Act, as soon as practicable but no later than
the time of entry of the interim order;
(6) The guardian ad litem, or the court-appointed
investigator appointed pursuant to subsection A of Section
6 of this Act, shall provide a report of investigation to
the Court within 6 months after appointment, or earlier if
so ordered by the court.
(7) The birth parent shall have the right to request to
receive counseling before and after signing a Final and
Irrevocable Consent to Adoption form, a Final and
Irrevocable Consent to Adoption by a Specified Person or
Persons: Non-DCFS Case form, or a Consent to Adoption of
Unborn Child form. The prospective adoptive parent or
parents may agree to pay for the cost of counseling in a
manner consistent with Illinois law, but the prospective
adoptive parent or parents are not required to do so.
(Source: P.A. 99-833, eff. 1-1-17.)
Section 1135. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 214, 217, 220, 222, 222.5, and 302
as follows:
(750 ILCS 60/214) (from Ch. 40, par. 2312-14)

SB3642 - 2396 - LRB101 20589 WGH 70218 b
Sec. 214. Order of protection; remedies.
(a) Issuance of order. If the court finds that petitioner
has been abused by a family or household member or that
petitioner is a high-risk adult who has been abused, neglected,
or exploited, as defined in this Act, an order of protection
prohibiting the abuse, neglect, or exploitation shall issue;
provided that petitioner must also satisfy the requirements of
one of the following Sections, as appropriate: Section 217 on
emergency orders, Section 218 on interim orders, or Section 219
on plenary orders. Petitioner shall not be denied an order of
protection because petitioner or respondent is a minor. The
court, when determining whether or not to issue an order of
protection, shall not require physical manifestations of abuse
on the person of the victim. Modification and extension of
prior orders of protection shall be in accordance with this
Act.
(b) Remedies and standards. The remedies to be included in
an order of protection shall be determined in accordance with
this Section and one of the following Sections, as appropriate:
Section 217 on emergency orders, Section 218 on interim orders,
and Section 219 on plenary orders. The remedies listed in this
subsection shall be in addition to other civil or criminal
remedies available to petitioner.
(1) Prohibition of abuse, neglect, or exploitation.
Prohibit respondent's harassment, interference with
personal liberty, intimidation of a dependent, physical

SB3642 - 2397 - LRB101 20589 WGH 70218 b
abuse, or willful deprivation, neglect or exploitation, as
defined in this Act, or stalking of the petitioner, as
defined in Section 12-7.3 of the Criminal Code of 2012, if
such abuse, neglect, exploitation, or stalking has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and

SB3642 - 2398 - LRB101 20589 WGH 70218 b
respondent each has the right to occupancy of a
residence or household, the court shall balance (i) the
hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.

SB3642 - 2399 - LRB101 20589 WGH 70218 b
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other person
protected by the order of protection, or prohibit
respondent from entering or remaining present at
petitioner's school, place of employment, or other
specified places at times when petitioner is present, or
both, if reasonable, given the balance of hardships.
Hardships need not be balanced for the court to enter a
stay away order or prohibit entry if respondent has no
right to enter the premises.
(A) If an order of protection grants petitioner
exclusive possession of the residence, or prohibits
respondent from entering the residence, or orders
respondent to stay away from petitioner or other
protected persons, then the court may allow respondent
access to the residence to remove items of clothing and
personal adornment used exclusively by respondent,
medications, and other items as the court directs. The
right to access shall be exercised on only one occasion
as the court directs and in the presence of an
agreed-upon adult third party or law enforcement
officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing an order
of protection and providing relief shall consider the

SB3642 - 2400 - LRB101 20589 WGH 70218 b
severity of the act, any continuing physical danger or
emotional distress to the petitioner, the educational
rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a
transfer of the respondent to another school, a change
of placement or a change of program of the respondent,
the expense, difficulty, and educational disruption
that would be caused by a transfer of the respondent to
another school, and any other relevant facts of the
case. The court may order that the respondent not
attend the public, private, or non-public elementary,
middle, or high school attended by the petitioner,
order that the respondent accept a change of placement
or change of program, as determined by the school
district or private or non-public school, or place
restrictions on the respondent's movements within the
school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the
evidence that a transfer, change of placement, or
change of program of the respondent is not available.
The respondent also bears the burden of production with
respect to the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school. A transfer, change of
placement, or change of program is not unavailable to
the respondent solely on the ground that the respondent

SB3642 - 2401 - LRB101 20589 WGH 70218 b
does not agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the respondent

SB3642 - 2402 - LRB101 20589 WGH 70218 b
to another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist, psychiatrist,
family service agency, alcohol or substance abuse program,
mental health center guidance counselor, agency providing
services to elders, program designed for domestic violence
abusers or any other guidance service the court deems
appropriate. The Court may order the respondent in any
intimate partner relationship to report to an Illinois
Department of Human Services protocol approved partner
abuse intervention program for an assessment and to follow
all recommended treatment.
(5) Physical care and possession of the minor child. In
order to protect the minor child from abuse, neglect, or
unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.

SB3642 - 2403 - LRB101 20589 WGH 70218 b
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding physical care to respondent would not be in the
minor child's best interest.
(6) Temporary allocation of parental responsibilities:
significant decision-making. Award temporary
decision-making responsibility to petitioner in accordance
with this Section, the Illinois Marriage and Dissolution of
Marriage Act, the Illinois Parentage Act of 2015, and this
State's Uniform Child-Custody Jurisdiction and Enforcement
Act.
If a court finds, after a hearing, that respondent has
committed abuse (as defined in Section 103) of a minor
child, there shall be a rebuttable presumption that
awarding temporary significant decision-making
responsibility to respondent would not be in the child's
best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or allocates temporary significant
decision-making responsibility of a minor child to
petitioner. The court shall restrict or deny respondent's
parenting time with a minor child if the court finds that
respondent has done or is likely to do any of the
following: (i) abuse or endanger the minor child during

SB3642 - 2404 - LRB101 20589 WGH 70218 b
parenting time; (ii) use the parenting time as an
opportunity to abuse or harass petitioner or petitioner's
family or household members; (iii) improperly conceal or
detain the minor child; or (iv) otherwise act in a manner
that is not in the best interests of the minor child. The
court shall not be limited by the standards set forth in
Section 603.10 of the Illinois Marriage and Dissolution of
Marriage Act. If the court grants parenting time, the order
shall specify dates and times for the parenting time to
take place or other specific parameters or conditions that
are appropriate. No order for parenting time shall refer
merely to the term "reasonable parenting time".
Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving in
a violent or abusive manner.
If necessary to protect any member of petitioner's
family or household from future abuse, respondent shall be
prohibited from coming to petitioner's residence to meet
the minor child for parenting time, and the parties shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and

SB3642 - 2405 - LRB101 20589 WGH 70218 b
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return the
child to the custody or care of the petitioner or to permit
any court-ordered interview or examination of the child or
the respondent.
(10) Possession of personal property. Grant petitioner
exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly; sharing
it would risk abuse of petitioner by respondent or is
impracticable; and the balance of hardships favors
temporary possession by petitioner.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may award
petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or

SB3642 - 2406 - LRB101 20589 WGH 70218 b
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the property
is that it is marital property, the court may grant
petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the

SB3642 - 2407 - LRB101 20589 WGH 70218 b
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage Act,
which shall govern, among other matters, the amount of
support, payment through the clerk and withholding of
income to secure payment. An order for child support may be
granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of

SB3642 - 2408 - LRB101 20589 WGH 70218 b
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and well-being
of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.

SB3642 - 2409 - LRB101 20589 WGH 70218 b
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:
(1) was issued after a hearing of which such
person received actual notice, and at which such
person had an opportunity to participate;
(2) restrains such person from harassing,
stalking, or threatening an intimate partner of
such person or child of such intimate partner or
person, or engaging in other conduct that would
place an intimate partner in reasonable fear of
bodily injury to the partner or child; and
(3)(i) includes a finding that such person
represents a credible threat to the physical
safety of such intimate partner or child; or (ii)
by its terms explicitly prohibits the use,
attempted use, or threatened use of physical force
against such intimate partner or child that would
reasonably be expected to cause bodily injury.
Any Firearm Owner's Identification Card in the
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency. The
local law enforcement agency shall immediately mail
the card to the Illinois Department of State Police
Firearm Owner's Identification Card Office for

SB3642 - 2410 - LRB101 20589 WGH 70218 b
safekeeping. The court shall issue a warrant for
seizure of any firearm in the possession of the
respondent, to be kept by the local law enforcement
agency for safekeeping, except as provided in
subsection (b). The period of safekeeping shall be for
the duration of the order of protection. The firearm or
firearms and Firearm Owner's Identification Card, if
unexpired, shall at the respondent's request, be
returned to the respondent at the end of the order of
protection. It is the respondent's responsibility to
notify the Illinois Department of State Police Firearm
Owner's Identification Card Office.
(b) If the respondent is a peace officer as defined
in Section 2-13 of the Criminal Code of 2012, the court
shall order that any firearms used by the respondent in
the performance of his or her duties as a peace officer
be surrendered to the chief law enforcement executive
of the agency in which the respondent is employed, who
shall retain the firearms for safekeeping for the
duration of the order of protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law

SB3642 - 2411 - LRB101 20589 WGH 70218 b
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned over
to a third party who is lawfully eligible to possess
firearms, and who does not reside with respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with
the minor child, or if petitioner's address is omitted
under subsection (b) of Section 203, or if necessary to
prevent abuse or wrongful removal or concealment of a minor
child, the order shall deny respondent access to, and
prohibit respondent from inspecting, obtaining, or
attempting to inspect or obtain, school or any other
records of the minor child who is in the care of
petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse of
a family or household member or further abuse, neglect, or
exploitation of a high-risk adult with disabilities or to

SB3642 - 2412 - LRB101 20589 WGH 70218 b
effectuate one of the granted remedies, if supported by the
balance of hardships. If the harm to be prevented by the
injunction is abuse or any other harm that one of the
remedies listed in paragraphs (1) through (16) of this
subsection is designed to prevent, no further evidence is
necessary that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. For
purposes of this paragraph (18), the term "wireless
telephone service provider" means a provider of
commercial mobile service as defined in 47 U.S.C. 332.
The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone service
provider's agent for service of process provided to the
Illinois Commerce Commission. The order shall contain
all of the following:
(i) The name and billing telephone number of

SB3642 - 2413 - LRB101 20589 WGH 70218 b
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the

SB3642 - 2414 - LRB101 20589 WGH 70218 b
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of an
agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for

SB3642 - 2415 - LRB101 20589 WGH 70218 b
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information is
provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the
following:
(i) the nature, frequency, severity, pattern and
consequences of the respondent's past abuse, neglect
or exploitation of the petitioner or any family or
household member, including the concealment of his or
her location in order to evade service of process or
notice, and the likelihood of danger of future abuse,
neglect, or exploitation to petitioner or any member of
petitioner's or respondent's family or household; and
(ii) the danger that any minor child will be abused
or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State or
improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including but not

SB3642 - 2416 - LRB101 20589 WGH 70218 b
limited to the following:
(i) availability, accessibility, cost, safety,
adequacy, location and other characteristics of
alternate housing for each party and any minor child or
dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection, the court shall make its findings
in an official record or in writing, and shall at a minimum
set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2) of
this subsection.
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) For purposes of issuing an ex parte emergency order
of protection, the court, as an alternative to or as a
supplement to making the findings described in paragraphs
(c)(3)(i) through (c)(3)(iii) of this subsection, may use

SB3642 - 2417 - LRB101 20589 WGH 70218 b
the following procedure:
When a verified petition for an emergency order of
protection in accordance with the requirements of Sections
203 and 217 is presented to the court, the court shall
examine petitioner on oath or affirmation. An emergency
order of protection shall be issued by the court if it
appears from the contents of the petition and the
examination of petitioner that the averments are
sufficient to indicate abuse by respondent and to support
the granting of relief under the issuance of the emergency
order of protection.
(5) Never married parties. No rights or
responsibilities for a minor child born outside of marriage
attach to a putative father until a father and child
relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Revised Uniform Reciprocal Enforcement of
Support Act, the Uniform Interstate Family Support Act, the
Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or territory,
any other Illinois statute, or by any foreign nation
establishing the father and child relationship, any other
proceeding substantially in conformity with the Personal
Responsibility and Work Opportunity Reconciliation Act of

SB3642 - 2418 - LRB101 20589 WGH 70218 b
1996 (Pub. L. 104-193), or where both parties appeared in
open court or at an administrative hearing acknowledging
under oath or admitting by affirmation the existence of a
father and child relationship. Absent such an
adjudication, finding, or acknowledgment, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds that
the balance of hardships does not support the granting of a
remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will result
in hardship to respondent that would substantially outweigh the
hardship to petitioner from denial of the remedy. The findings
shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) Respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) Respondent was voluntarily intoxicated;
(3) Petitioner acted in self-defense or defense of

SB3642 - 2419 - LRB101 20589 WGH 70218 b
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) Petitioner did not act in self-defense or defense
of another;
(5) Petitioner left the residence or household to avoid
further abuse, neglect, or exploitation by respondent;
(6) Petitioner did not leave the residence or household
to avoid further abuse, neglect, or exploitation by
respondent;
(7) Conduct by any family or household member excused
the abuse, neglect, or exploitation by respondent, unless
that same conduct would have excused such abuse, neglect,
or exploitation if the parties had not been family or
household members.
(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
100-923, eff. 1-1-19.)
(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
Sec. 217. Emergency order of protection.
(a) Prerequisites. An emergency order of protection shall
issue if petitioner satisfies the requirements of this
subsection for one or more of the requested remedies. For each
remedy requested, petitioner shall establish that:
(1) The court has jurisdiction under Section 208;

SB3642 - 2420 - LRB101 20589 WGH 70218 b
(2) The requirements of Section 214 are satisfied; and
(3) There is good cause to grant the remedy, regardless
of prior service of process or of notice upon the
respondent, because:
(i) For the remedies of "prohibition of abuse"
described in Section 214(b)(1), "stay away order and
additional prohibitions" described in Section
214(b)(3), "removal or concealment of minor child"
described in Section 214(b)(8), "order to appear"
described in Section 214(b)(9), "physical care and
possession of the minor child" described in Section
214(b)(5), "protection of property" described in
Section 214(b)(11), "prohibition of entry" described
in Section 214(b)(14), "prohibition of firearm
possession" described in Section 214(b)(14.5),
"prohibition of access to records" described in
Section 214(b)(15), and "injunctive relief" described
in Section 214(b)(16), the harm which that remedy is
intended to prevent would be likely to occur if the
respondent were given any prior notice, or greater
notice than was actually given, of the petitioner's
efforts to obtain judicial relief;
(ii) For the remedy of "grant of exclusive
possession of residence" described in Section
214(b)(2), the immediate danger of further abuse of
petitioner by respondent, if petitioner chooses or had

SB3642 - 2421 - LRB101 20589 WGH 70218 b
chosen to remain in the residence or household while
respondent was given any prior notice or greater notice
than was actually given of petitioner's efforts to
obtain judicial relief, outweighs the hardships to
respondent of an emergency order granting petitioner
exclusive possession of the residence or household.
This remedy shall not be denied because petitioner has
or could obtain temporary shelter elsewhere while
prior notice is given to respondent, unless the
hardships to respondent from exclusion from the home
substantially outweigh those to petitioner;
(iii) For the remedy of "possession of personal
property" described in Section 214(b)(10), improper
disposition of the personal property would be likely to
occur if respondent were given any prior notice, or
greater notice than was actually given, of
petitioner's efforts to obtain judicial relief, or
petitioner has an immediate and pressing need for
possession of that property.
An emergency order may not include the counseling, legal
custody, payment of support or monetary compensation remedies.
(a-5) When a petition for an emergency order of protection
is granted, the order shall not be publicly available until the
order is served on the respondent.
(b) Appearance by respondent. If respondent appears in
court for this hearing for an emergency order, he or she may

SB3642 - 2422 - LRB101 20589 WGH 70218 b
elect to file a general appearance and testify. Any resulting
order may be an emergency order, governed by this Section.
Notwithstanding the requirements of this Section, if all
requirements of Section 218 have been met, the court may issue
a 30-day interim order.
(c) Emergency orders: court holidays and evenings.
(1) Prerequisites. When the court is unavailable at the
close of business, the petitioner may file a petition for a
21-day emergency order before any available circuit judge
or associate judge who may grant relief under this Act. If
the judge finds that there is an immediate and present
danger of abuse to petitioner and that petitioner has
satisfied the prerequisites set forth in subsection (a) of
Section 217, that judge may issue an emergency order of
protection.
(1.5) Issuance of order. The chief judge of the circuit
court may designate for each county in the circuit at least
one judge to be reasonably available to issue orally, by
telephone, by facsimile, or otherwise, an emergency order
of protection at all times, whether or not the court is in
session.
(2) Certification and transfer. The judge who issued
the order under this Section shall promptly communicate or
convey the order to the sheriff to facilitate the entry of
the order into the Law Enforcement Agencies Data System by
the Illinois Department of State Police pursuant to Section

SB3642 - 2423 - LRB101 20589 WGH 70218 b
302. Any order issued under this Section and any
documentation in support thereof shall be certified on the
next court day to the appropriate court. The clerk of that
court shall immediately assign a case number, file the
petition, order and other documents with the court, and
enter the order of record and file it with the sheriff for
service, in accordance with Section 222. Filing the
petition shall commence proceedings for further relief
under Section 202. Failure to comply with the requirements
of this subsection shall not affect the validity of the
order.
(Source: P.A. 101-255, eff. 1-1-20.)
(750 ILCS 60/220) (from Ch. 40, par. 2312-20)
Sec. 220. Duration and extension of orders.
(a) Duration of emergency and interim orders. Unless
re-opened or extended or voided by entry of an order of greater
duration:
(1) Emergency orders issued under Section 217 shall be
effective for not less than 14 nor more than 21 days;
(2) Interim orders shall be effective for up to 30
days.
(b) Duration of plenary orders.
(0.05) A plenary order of protection entered under this
Act shall be valid for a fixed period of time, not to
exceed two years.

SB3642 - 2424 - LRB101 20589 WGH 70218 b
(1) A plenary order of protection entered in
conjunction with another civil proceeding shall remain in
effect as follows:
(i) if entered as preliminary relief in that other
proceeding, until entry of final judgment in that other
proceeding;
(ii) if incorporated into the final judgment in
that other proceeding, until the order of protection is
vacated or modified; or
(iii) if incorporated in an order for involuntary
commitment, until termination of both the involuntary
commitment and any voluntary commitment, or for a fixed
period of time not exceeding 2 years.
(2) Duration of an order of protection entered in
conjunction with a criminal prosecution or delinquency
petition shall remain in effect as provided in Section
112A-20 of the Code of Criminal Procedure of 1963.
(c) Computation of time. The duration of an order of
protection shall not be reduced by the duration of any prior
order of protection.
(d) Law enforcement records. When a plenary order of
protection expires upon the occurrence of a specified event,
rather than upon a specified date as provided in subsection
(b), no expiration date shall be entered in Illinois Department
of State Police records. To remove the plenary order from those
records, either party shall request the clerk of the court to

SB3642 - 2425 - LRB101 20589 WGH 70218 b
file a certified copy of an order stating that the specified
event has occurred or that the plenary order has been vacated
or modified with the Sheriff, and the Sheriff shall direct that
law enforcement records shall be promptly corrected in
accordance with the filed order.
(e) Extension of orders. Any emergency, interim or plenary
order may be extended one or more times, as required, provided
that the requirements of Section 217, 218 or 219, as
appropriate, are satisfied. If the motion for extension is
uncontested and petitioner seeks no modification of the order,
the order may be extended on the basis of petitioner's motion
or affidavit stating that there has been no material change in
relevant circumstances since entry of the order and stating the
reason for the requested extension. An extension of a plenary
order of protection may be granted, upon good cause shown, to
remain in effect until the order of protection is vacated or
modified. Extensions may be granted only in open court and not
under the provisions of subsection (c) of Section 217, which
applies only when the court is unavailable at the close of
business or on a court holiday.
(f) Termination date. Any order of protection which would
expire on a court holiday shall instead expire at the close of
the next court business day.
(g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for the issuance
of an order of protection undermines the purposes of this Act.

SB3642 - 2426 - LRB101 20589 WGH 70218 b
This Section shall not be construed as encouraging that
practice.
(Source: P.A. 100-199, eff. 1-1-18.)
(750 ILCS 60/222) (from Ch. 40, par. 2312-22)
Sec. 222. Notice of orders.
(a) Entry and issuance. Upon issuance of any order of
protection, the clerk shall immediately (i) enter the order on
the record and file it in accordance with the circuit court
procedures and (ii) provide a file stamped copy of the order to
respondent, if present, and to petitioner.
(b) Filing with sheriff. The clerk of the issuing judge
shall, or the petitioner may, on the same day that an order of
protection is issued, file a certified copy of that order with
the sheriff or other law enforcement officials charged with
maintaining Illinois Department of State Police records or
charged with serving the order upon respondent. If the
respondent, at the time of the issuance of the order, is
committed to the custody of the Illinois Department of
Corrections or Illinois Department of Juvenile Justice or is on
parole, aftercare release, or mandatory supervised release,
the sheriff or other law enforcement officials charged with
maintaining Illinois Department of State Police records shall
notify the Department of Corrections or Department of Juvenile
Justice within 48 hours of receipt of a copy of the order of
protection from the clerk of the issuing judge or the

SB3642 - 2427 - LRB101 20589 WGH 70218 b
petitioner. Such notice shall include the name of the
respondent, the respondent's IDOC inmate number or IDJJ youth
identification number, the respondent's date of birth, and the
LEADS Record Index Number.
(c) Service by sheriff. Unless respondent was present in
court when the order was issued, the sheriff, other law
enforcement official or special process server shall promptly
serve that order upon respondent and file proof of such
service, in the manner provided for service of process in civil
proceedings. Instead of serving the order upon the respondent,
however, the sheriff, other law enforcement official, special
process server, or other persons defined in Section 222.10 may
serve the respondent with a short form notification as provided
in Section 222.10. If process has not yet been served upon the
respondent, it shall be served with the order or short form
notification if such service is made by the sheriff, other law
enforcement official, or special process server. A single fee
may be charged for service of an order obtained in civil court,
or for service of such an order together with process, unless
waived or deferred under Section 210.
(c-5) If the person against whom the order of protection is
issued is arrested and the written order is issued in
accordance with subsection (c) of Section 217 and received by
the custodial law enforcement agency before the respondent or
arrestee is released from custody, the custodial law
enforcement agent shall promptly serve the order upon the

SB3642 - 2428 - LRB101 20589 WGH 70218 b
respondent or arrestee before the respondent or arrestee is
released from custody. In no event shall detention of the
respondent or arrestee be extended for hearing on the petition
for order of protection or receipt of the order issued under
Section 217 of this Act.
(d) Extensions, modifications and revocations. Any order
extending, modifying or revoking any order of protection shall
be promptly recorded, issued and served as provided in this
Section.
(e) Notice to schools. Upon the request of the petitioner,
within 24 hours of the issuance of an order of protection, the
clerk of the issuing judge shall send a certified copy of the
order of protection to the day-care facility, pre-school or
pre-kindergarten, or private school or the principal office of
the public school district or any college or university in
which any child who is a protected person under the order of
protection or any child of the petitioner is enrolled as
requested by the petitioner at the mailing address provided by
the petitioner. If the child transfers enrollment to another
day-care facility, pre-school, pre-kindergarten, private
school, public school, college, or university, the petitioner
may, within 24 hours of the transfer, send to the clerk written
notice of the transfer, including the name and address of the
institution to which the child is transferring. Within 24 hours
of receipt of notice from the petitioner that a child is
transferring to another day-care facility, pre-school,

SB3642 - 2429 - LRB101 20589 WGH 70218 b
pre-kindergarten, private school, public school, college, or
university, the clerk shall send a certified copy of the order
to the institution to which the child is transferring.
(f) Disclosure by schools. After receiving a certified copy
of an order of protection that prohibits a respondent's access
to records, neither a day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university nor its employees shall allow a respondent access to
a protected child's records or release information in those
records to the respondent. The school shall file the copy of
the order of protection in the records of a child who is a
protected person under the order of protection. When a child
who is a protected person under the order of protection
transfers to another day-care facility, pre-school,
pre-kindergarten, public or private school, college, or
university, the institution from which the child is
transferring may, at the request of the petitioner, provide,
within 24 hours of the transfer, written notice of the order of
protection, along with a certified copy of the order, to the
institution to which the child is transferring.
(g) Notice to health care facilities and health care
practitioners. Upon the request of the petitioner, the clerk of
the circuit court shall send a certified copy of the order of
protection to any specified health care facility or health care
practitioner requested by the petitioner at the mailing address
provided by the petitioner.

SB3642 - 2430 - LRB101 20589 WGH 70218 b
(h) Disclosure by health care facilities and health care
practitioners. After receiving a certified copy of an order of
protection that prohibits a respondent's access to records, no
health care facility or health care practitioner shall allow a
respondent access to the records of any child who is a
protected person under the order of protection, or release
information in those records to the respondent, unless the
order has expired or the respondent shows a certified copy of
the court order vacating the corresponding order of protection
that was sent to the health care facility or practitioner.
Nothing in this Section shall be construed to require health
care facilities or health care practitioners to alter
procedures related to billing and payment. The health care
facility or health care practitioner may file the copy of the
order of protection in the records of a child who is a
protected person under the order of protection, or may employ
any other method to identify the records to which a respondent
is prohibited access. No health care facility or health care
practitioner shall be civilly or professionally liable for
reliance on a copy of an order of protection, except for
willful and wanton misconduct.
(Source: P.A. 101-508, eff. 1-1-20.)
(750 ILCS 60/222.5)
Sec. 222.5. Filing of an order of protection issued in
another state.

SB3642 - 2431 - LRB101 20589 WGH 70218 b
(a) A person entitled to protection under an order of
protection issued by the court of another state, tribe, or
United States territory may file a certified copy of the order
of protection with the clerk of the court in a judicial circuit
in which the person believes that enforcement may be necessary.
(b) The clerk shall:
(1) treat the foreign order of protection in the same
manner as a judgment of the circuit court for any county of
this State in accordance with the provisions of the Uniform
Enforcement of Foreign Judgments Act, except that the clerk
shall not mail notice of the filing of the foreign order to
the respondent named in the order; and
(2) on the same day that a foreign order of protection
is filed, file a certified copy of that order with the
sheriff or other law enforcement officials charged with
maintaining Illinois Department of State Police records as
set forth in Section 222 of this Act.
(c) Neither residence in this State nor filing of a foreign
order of protection shall be required for enforcement of the
order by this State. Failure to file the foreign order shall
not be an impediment to its treatment in all respects as an
Illinois order of protection.
(d) The clerk shall not charge a fee to file a foreign
order of protection under this Section.
(e) The sheriff shall inform the Illinois Department of
State Police as set forth in Section 302 of this Act.

SB3642 - 2432 - LRB101 20589 WGH 70218 b
(Source: P.A. 91-903, eff. 1-1-01.)
(750 ILCS 60/302) (from Ch. 40, par. 2313-2)
Sec. 302. Data maintenance by law enforcement agencies.
(a) All sheriffs shall furnish to the Illinois Department
of State Police, on the same day as received, in the form and
detail the Department requires, copies of any recorded
emergency, interim, or plenary orders of protection issued by
the court, and any foreign orders of protection filed by the
clerk of the court, and transmitted to the sheriff by the clerk
of the court pursuant to subsection (b) of Section 222 of this
Act. Each order of protection shall be entered in the Law
Enforcement Agencies Data System on the same day it is issued
by the court. If an emergency order of protection was issued in
accordance with subsection (c) of Section 217, the order shall
be entered in the Law Enforcement Agencies Data System as soon
as possible after receipt from the clerk.
(b) The Illinois Department of State Police shall maintain
a complete and systematic record and index of all valid and
recorded orders of protection issued pursuant to this Act. The
data shall be used to inform all dispatchers and law
enforcement officers at the scene of an alleged incident of
abuse, neglect, or exploitation or violation of an order of
protection of any recorded prior incident of abuse, neglect, or
exploitation involving the abused, neglected, or exploited
party and the effective dates and terms of any recorded order

SB3642 - 2433 - LRB101 20589 WGH 70218 b
of protection.
(c) The data, records and transmittals required under this
Section shall pertain to any valid emergency, interim or
plenary order of protection, whether issued in a civil or
criminal proceeding or authorized under the laws of another
state, tribe, or United States territory.
(Source: P.A. 95-331, eff. 8-21-07.)
Section 1140. The Probate Act of 1975 is amended by
changing Sections 2-6.6 and 11a-24 as follows:
(755 ILCS 5/2-6.6)
Sec. 2-6.6. Person convicted of or found civilly liable for
certain offenses against the elderly or a person with a
disability.
(a) A person who is convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
Code of 2012 or a person who has been found by a preponderance
of the evidence to be civilly liable for financial
exploitation, as defined in subsection (a) of Section 2-6.2 of
this Act, may not receive any property, benefit, or other
interest by reason of the death of the victim of that offense,
whether as heir, legatee, beneficiary, joint tenant, tenant by
the entirety, survivor, appointee, or in any other capacity and
whether the property, benefit, or other interest passes

SB3642 - 2434 - LRB101 20589 WGH 70218 b
pursuant to any form of title registration, testamentary or
nontestamentary instrument, intestacy, renunciation, or any
other circumstance. Except as provided in subsection (f) of
this Section, the property, benefit, or other interest shall
pass as if the person convicted of a violation of Section
12-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
Code of 2012 or the person found by a preponderance of the
evidence to be civilly liable for financial exploitation, as
defined in subsection (a) of Section 2-6.2 of this Act, died
before the decedent; provided that with respect to joint
tenancy property or property held in tenancy by the entirety,
the interest possessed prior to the death by the person
convicted or found civilly liable may not be diminished by the
application of this Section. Notwithstanding the foregoing, a
person convicted of a violation of Section 12-19, 12-21,
16-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
of the Criminal Code of 1961 or the Criminal Code of 2012 or a
person who has been found by a preponderance of the evidence to
be civilly liable for financial exploitation, as defined in
subsection (a) of Section 2-6.2 of this Act, shall be entitled
to receive property, a benefit, or an interest in any capacity
and under any circumstances described in this Section if it is
demonstrated by clear and convincing evidence that the victim
of that offense knew of the conviction or finding of civil
liability and subsequent to the conviction or finding of civil

SB3642 - 2435 - LRB101 20589 WGH 70218 b
liability expressed or ratified his or her intent to transfer
the property, benefit, or interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 or the person found by a
preponderance of the evidence to be civilly liable for
financial exploitation, as defined in subsection (a) of Section
2-6.2 of this Act, in any manner contemplated by this Section.
(b) The holder of any property subject to the provisions of
this Section is not liable for distributing or releasing the
property to the person convicted of violating Section 12-19,
12-21, 16-1.3, or 17-56, or subsection (a) or (b) of Section
12-4.4a, of the Criminal Code of 1961 or the Criminal Code of
2012 or to the person found by a preponderance of the evidence
to be civilly liable for financial exploitation as defined in
subsection (a) of Section 2-6.2 of this Act.
(c) If the holder is a financial institution, trust
company, trustee, or similar entity or person, the holder shall
not be liable for any distribution or release of the property,
benefit, or other interest to the person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 or person found by a
preponderance of the evidence to be civilly liable for
financial exploitation, as defined in subsection (a) of Section
2-6.2 of this Act, unless the holder knowingly distributes or

SB3642 - 2436 - LRB101 20589 WGH 70218 b
releases the property, benefit, or other interest to the person
so convicted or found civilly liable after first having
received actual written notice of the conviction or finding of
civil liability in sufficient time to act upon the notice.
(d) The Illinois Department of State Police shall have
access to State of Illinois databases containing information
that may help in the identification or location of persons
convicted of or found civilly liable for the offenses
enumerated in this Section. Interagency agreements shall be
implemented, consistent with security and procedures
established by the State agency and consistent with the laws
governing the confidentiality of the information in the
databases. Information shall be used only for administration of
this Section.
(e) A civil action against a person for financial
exploitation, as defined in subsection (a) of Section 2-6.2 of
this Act, may be brought by an interested person, pursuant to
this Section, after the death of the victim or during the
lifetime of the victim if the victim is adjudicated a person
with a disability. A guardian is under no duty to bring a civil
action under this subsection during the ward's lifetime, but
may do so if the guardian believes it is in the best interests
of the ward.
(f) The court may, in its discretion, consider such facts
and circumstances as it deems appropriate to allow the person
convicted or found civilly liable for financial exploitation,

SB3642 - 2437 - LRB101 20589 WGH 70218 b
as defined in subsection (a) of Section 2-6.2 of this Act, to
receive a reduction in interest or benefit rather than no
interest or benefit as stated under subsection (a) of this
Section.
(Source: P.A. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)
(755 ILCS 5/11a-24)
Sec. 11a-24. Notification; Illinois Department of State
Police. When a court adjudges a respondent to be a person with
a disability under this Article, the court shall direct the
circuit court clerk to notify the Illinois Department of State
Police, Firearm Owner's Identification (FOID) Office, in a form
and manner prescribed by the Illinois Department of State
Police, and shall forward a copy of the court order to the
Department no later than 7 days after the entry of the order.
Upon receipt of the order, the Illinois Department of State
Police shall provide notification to the National Instant
Criminal Background Check System.
(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
Section 1145. The Charitable Trust Act is amended by
changing Section 16.5 as follows:
(760 ILCS 55/16.5)
Sec. 16.5. Terrorist acts.
(a) Any person or organization subject to registration

SB3642 - 2438 - LRB101 20589 WGH 70218 b
under this Act, who knowingly acts to further, directly or
indirectly, or knowingly uses charitable assets to conduct or
further, directly or indirectly, an act or actions as set forth
in Article 29D of the Criminal Code of 2012, is thereby engaged
in an act or actions contrary to public policy and antithetical
to charity, and all of the funds, assets, and records of the
person or organization shall be subject to temporary and
permanent injunction from use or expenditure and the
appointment of a temporary and permanent receiver to take
possession of all of the assets and related records.
(b) An ex parte action may be commenced by the Attorney
General, and, upon a showing of probable cause of a violation
of this Section or Article 29D of the Criminal Code of 2012, an
immediate seizure of books and records by the Attorney General
by and through his or her assistants or investigators or the
Illinois Department of State Police and freezing of all assets
shall be made by order of a court to protect the public,
protect the assets, and allow a full review of the records.
(c) Upon a finding by a court after a hearing that a person
or organization has acted or is in violation of this Section,
the person or organization shall be permanently enjoined from
soliciting funds from the public, holding charitable funds, or
acting as a trustee or fiduciary within Illinois. Upon a
finding of violation all assets and funds held by the person or
organization shall be forfeited to the People of the State of
Illinois or otherwise ordered by the court to be accounted for

SB3642 - 2439 - LRB101 20589 WGH 70218 b
and marshaled and then delivered to charitable causes and uses
within the State of Illinois by court order.
(d) A determination under this Section may be made by any
court separate and apart from any criminal proceedings and the
standard of proof shall be that for civil proceedings.
(e) Any knowing use of charitable assets to conduct or
further, directly or indirectly, an act or actions set forth in
Article 29D of the Criminal Code of 2012 shall be a misuse of
charitable assets and breach of fiduciary duty relative to all
other Sections of this Act.
(Source: P.A. 97-1150, eff. 1-25-13.)
Section 1150. The Revised Uniform Unclaimed Property Act is
amended by changing Section 15-705 as follows:
(765 ILCS 1026/15-705)
Sec. 15-705. Exceptions to the sale of tangible property.
The administrator shall dispose of tangible property
identified by this Section in accordance with this Section.
(a) Military medals or decorations. The administrator may
not sell a medal or decoration awarded for military service in
the armed forces of the United States. Instead, the
administrator, with the consent of the respective organization
under paragraph (1), agency under paragraph (2), or entity
under paragraph (3), may deliver a medal or decoration to be
held in custody for the owner, to:

SB3642 - 2440 - LRB101 20589 WGH 70218 b
(1) a military veterans organization qualified under
Section 501(c)(19) of the Internal Revenue Code;
(2) the agency that awarded the medal or decoration; or
(3) a governmental entity.
After delivery, the administrator is not responsible for
the safekeeping of the medal or decoration.
(b) Property with historical value. Property that the
administrator reasonably believes may have historical value
may be, at his or her discretion, loaned to an accredited
museum in the United States where it will be kept until such
time as the administrator orders it to be returned to his or
her custody.
(c) Human remains. If human remains are delivered to the
administrator under this Act, the administrator shall deliver
those human remains to the coroner of the county in which the
human remains were abandoned for disposition under Section
3-3034 of the Counties Code. The only human remains that may be
delivered to the administrator under this Act and that the
administrator may receive are those that are reported and
delivered as contents of a safe deposit box.
(d) Evidence in a criminal investigation. Property that may
have been used in the commission of a crime or that may assist
in the investigation of a crime, as determined after consulting
with the Illinois Department of State Police, shall be
delivered to the Illinois Department of State Police or other
appropriate law enforcement authority to allow law enforcement

SB3642 - 2441 - LRB101 20589 WGH 70218 b
to determine whether a criminal investigation should take
place. Any such property delivered to a law enforcement
authority shall be held in accordance with existing statutes
and rules related to the gathering, retention, and release of
evidence.
(e) Firearms.
(1) The administrator, in cooperation with the
Illinois Department of State Police, shall develop a
procedure to determine whether a firearm delivered to the
administrator under this Act has been stolen or used in the
commission of a crime. The Illinois Department of State
Police shall determine the appropriate disposition of a
firearm that has been stolen or used in the commission of a
crime. The administrator shall attempt to return a firearm
that has not been stolen or used in the commission of a
crime to the rightful owner if the Illinois Department of
State Police determines that the owner may lawfully possess
the firearm.
(2) If the administrator is unable to return a firearm
to its owner, the administrator shall transfer custody of
the firearm to the Illinois Department of State Police.
Legal title to a firearm transferred to the Illinois
Department of State Police under this subsection (e) is
vested in the Illinois Department of State Police by
operation of law if:
(i) the administrator cannot locate the owner of

SB3642 - 2442 - LRB101 20589 WGH 70218 b
the firearm;
(ii) the owner of the firearm may not lawfully
possess the firearm;
(iii) the apparent owner does not respond to notice
published under Section 15-503 of this Act; or
(iv) the apparent owner responds to notice
published under Section 15-502 and states that he or
she no longer claims an interest in the firearm.
(3) With respect to a firearm whose title is
transferred to the Illinois Department of State Police
under this subsection (e), the Illinois Department of State
Police may:
(i) retain the firearm for use by the crime
laboratory system, for training purposes, or for any
other application as deemed appropriate by the
Department;
(ii) transfer the firearm to the Illinois State
Museum if the firearm has historical value; or
(iii) destroy the firearm if it is not retained
pursuant to subparagraph (i) or transferred pursuant
to subparagraph (ii).
As used in this subsection, "firearm" has the meaning
provided in the Firearm Owners Identification Card Act.
(Source: P.A. 100-22, eff. 1-1-18.)
Section 1155. The Law Enforcement Disposition of Property

SB3642 - 2443 - LRB101 20589 WGH 70218 b
Act is amended by changing Section 2 as follows:
(765 ILCS 1030/2) (from Ch. 141, par. 142)
Sec. 2. (a) Such property believed to be abandoned, lost or
stolen or otherwise illegally possessed shall be retained in
custody by the sheriff, chief of police or other principal
official of the law enforcement agency, which shall make
reasonable inquiry and efforts to identify and notify the owner
or other person entitled to possession thereof, and shall
return the property after such person provides reasonable and
satisfactory proof of his ownership or right to possession and
reimburses the agency for all reasonable expenses of such
custody.
(b) Weapons that have been confiscated as a result of
having been abandoned or illegally possessed may be transferred
to the Illinois Department of State Police for use by the crime
laboratory system, for training purposes, or for any other
application as deemed appropriate by the Department, if no
legitimate claim is made for the confiscated weapon within 6
months of the date of confiscation, or within 6 months of final
court disposition if such confiscated weapon was used for
evidentiary purposes.
(Source: P.A. 85-632.)
Section 1160. The Illinois Human Rights Act is amended by
changing Section 2-103 as follows:

SB3642 - 2444 - LRB101 20589 WGH 70218 b
(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
Sec. 2-103. Arrest record.
(A) Unless otherwise authorized by law, it is a civil
rights violation for any employer, employment agency or labor
organization to inquire into or to use an arrest record, as
defined under subsection (B-5) of Section 1-103, as a basis to
refuse to hire, to segregate, or to act with respect to
recruitment, hiring, promotion, renewal of employment,
selection for training or apprenticeship, discharge,
discipline, tenure or terms, privileges or conditions of
employment. This Section does not prohibit a State agency, unit
of local government or school district, or private organization
from requesting or utilizing sealed felony conviction
information obtained from the Illinois Department of State
Police under the provisions of Section 3 of the Criminal
Identification Act or under other State or federal laws or
regulations that require criminal background checks in
evaluating the qualifications and character of an employee or a
prospective employee.
(B) The prohibition against the use of an arrest record, as
defined under paragraph (1) of subsection (B-5) of Section
1-103, contained in this Act shall not be construed to prohibit
an employer, employment agency, or labor organization from
obtaining or using other information which indicates that a
person actually engaged in the conduct for which he or she was

SB3642 - 2445 - LRB101 20589 WGH 70218 b
arrested.
(Source: P.A. 101-565, eff. 1-1-20.)
Section 1165. The Illinois Torture Inquiry and Relief
Commission Act is amended by changing Section 60 as follows:
(775 ILCS 40/60)
Sec. 60. Report. Beginning January 1, 2010, and annually
thereafter, the Illinois Torture Inquiry and Relief Commission
shall report on its activities to the General Assembly and the
Governor. The report may contain recommendations of any needed
legislative changes related to the activities of the
Commission. The report shall recommend the funding needed by
the Commission, the State's Attorneys, and the Illinois
Department of State Police in order to meet their
responsibilities under this Act. Recommendations concerning
the State's Attorneys or the Illinois Department of State
Police shall only be made after consultations with the Illinois
State's Attorneys Association, the Illinois Department of
State Police, and the Attorney General.
(Source: P.A. 96-223, eff. 8-10-09.)
Section 1170. The Assumed Business Name Act is amended by
changing Section 5 as follows:
(805 ILCS 405/5) (from Ch. 96, par. 8)

SB3642 - 2446 - LRB101 20589 WGH 70218 b
Sec. 5. Any person or persons carrying on, conducting or
transacting business as aforesaid, who shall fail to comply
with the provisions of this Act, shall be guilty of a Class C
misdemeanor, and each day any person or persons conducts
business in violation of this Act shall be deemed a separate
offense.
A person shall be exempt from prosecution for a violation
of this Act if he is a peace officer who uses a false or
fictitious business name in the enforcement of the criminal
laws; provided such use is approved in writing by one of the
following:
(a) In all counties, the respective State's Attorney;
(b) The Director of the Illinois State Police under Section
2605-200 of the Illinois Department of State Police Law (20
ILCS 2605/2605-200); or
(c) In cities over 1,000,000, the Superintendent of Police.
(Source: P.A. 91-239, eff. 1-1-00.)
Section 1175. The Recyclable Metal Purchase Registration
Law is amended by changing Section 6.5 as follows:
(815 ILCS 325/6.5)
Sec. 6.5. Recyclable Metal Theft Task Force.
(a) The Recyclable Metal Theft Task Force is created within
the Office of the Secretary of State. The Office of the
Secretary of State shall provide administrative support for the

SB3642 - 2447 - LRB101 20589 WGH 70218 b
Task Force. The Task Force shall consist of the members
designated in subsections (b) and (c).
(b) Members of the Task Force representing the State shall
be appointed as follows:
(1) Two members of the Senate appointed one each by the
President of the Senate and by the Minority Leader of the
Senate;
(2) Two members of the House of Representatives
appointed one each by the Speaker of the House of
Representatives and by the Minority Leader of the House of
Representatives;
(3) One member representing the Office of the Secretary
of State appointed by the Secretary of State; and
(4) Two members representing the Illinois Department
of State Police appointed by the Director of the Illinois
State Police, one of whom must represent the State Police
Academy.
(c) The members appointed under subsection (b) shall select
from their membership a chairperson. The chairperson shall
appoint the public members of the Task Force as follows:
(1) One member representing municipalities in this
State with consideration given to persons recommended by an
organization representing municipalities in this State;
(2) Five chiefs of police from various geographical
areas of the State with consideration given to persons
recommended by an organization representing chiefs of

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police in this State;
(3) One representative of a public utility
headquartered in Illinois;
(4) One representative of recyclable metal dealers in
Illinois;
(5) One representative of scrap metal suppliers in
Illinois;
(6) One representative of insurance companies offering
homeowners insurance in this State;
(7) One representative of rural electric cooperatives
in Illinois; and
(8) One representative of a local exchange carrier
doing business in Illinois.
(d) The Task Force shall endeavor to establish a
collaborative effort to combat recyclable metal theft
throughout the State and assist in developing regional task
forces, as determined necessary, to combat recyclable metal
theft. The Task Force shall consider and develop long-term
solutions, both legislative and enforcement-driven, for the
rising problem of recyclable metal thefts in this State.
(e) Each year, the Task Force shall review the
effectiveness of its efforts in deterring and investigating the
problem of recyclable metal theft and in assisting in the
prosecution of persons engaged in recyclable metal theft. The
Task Force shall by October 31 of each year report its findings
and recommendations to the General Assembly and the Governor.

SB3642 - 2449 - LRB101 20589 WGH 70218 b
(Source: P.A. 99-52, eff. 1-1-16; 99-760, eff. 1-1-17.)
Section 1180. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2L as follows:
(815 ILCS 505/2L)
Sec. 2L. Used motor vehicles; modification or disclaimer of
implied warranty of merchantability limited.
(a) Any retail sale of a used motor vehicle made after July
1, 2017 (the effective date of Public Act 99-768) to a consumer
by a licensed vehicle dealer within the meaning of Chapter 5 of
the Illinois Vehicle Code or by an auction company at an
auction that is open to the general public is made subject to
this Section.
(b) This Section does not apply to any of the following:
(1) a vehicle with more than 150,000 miles at the time
of sale;
(2) a vehicle with a title that has been branded
"rebuilt" or "flood";
(3) a vehicle with a gross vehicle weight rating of
8,000 pounds or more; or
(4) a vehicle that is an antique vehicle, as defined in
the Illinois Vehicle Code, or that is a collector motor
vehicle.
(b-5) This Section does not apply to the sale of any
vehicle for which the dealer offers an express warranty that

SB3642 - 2450 - LRB101 20589 WGH 70218 b
provides coverage that is equal to or greater than the limited
implied warranty of merchantability required under this
Section 2L.
(b-6) This Section does not apply to forfeited vehicles
sold at auction by or on behalf of the Illinois Department of
State Police.
(c) Except as otherwise provided in this Section 2L, any
sale of a used motor vehicle as described in subsection (a) may
not exclude, modify, or disclaim the implied warranty of
merchantability created under this Section 2L or limit the
remedies for a breach of the warranty hereunder before midnight
of the 15th calendar day after delivery of a used motor vehicle
or until a used motor vehicle is driven 500 miles after
delivery, whichever is earlier. In calculating time under this
Section, a day on which the warranty is breached and all
subsequent days in which the used motor vehicle fails to
conform with the implied warranty of merchantability are
excluded. In calculating distance under this Section, the miles
driven to obtain or in connection with the repair, servicing,
or testing of a used motor vehicle that fails to conform with
the implied warranty of merchantability are excluded. An
attempt to exclude, modify, or disclaim the implied warranty of
merchantability or to limit the remedies for a breach of the
warranty in violation of this Section renders a purchase
agreement voidable at the option of the purchaser.
(d) An implied warranty of merchantability is met if a used

SB3642 - 2451 - LRB101 20589 WGH 70218 b
motor vehicle functions for the purpose of ordinary
transportation on the public highway and substantially free of
a defect in a power train component. As used in this Section,
"power train component" means the engine block, head, all
internal engine parts, oil pan and gaskets, water pump, intake
manifold, transmission, and all internal transmission parts,
torque converter, drive shaft, universal joints, rear axle and
all rear axle internal parts, and rear wheel bearings.
(e) The implied warranty of merchantability expires at
midnight of the 15th calendar day after delivery of a used
motor vehicle or when a used motor vehicle is driven 500 miles
after delivery, whichever is earlier. In calculating time, a
day on which the implied warranty of merchantability is
breached is excluded and all subsequent days in which the used
motor vehicle fails to conform with the warranty are also
excluded. In calculating distance, the miles driven to or by
the seller to obtain or in connection with the repair,
servicing, or testing of a used motor vehicle that fails to
conform with the implied warranty of merchantability are
excluded. An implied warranty of merchantability does not
extend to damage that occurs after the sale of the used motor
vehicle that results from:
(1) off-road use;
(2) racing;
(3) towing;
(4) abuse;

SB3642 - 2452 - LRB101 20589 WGH 70218 b
(5) misuse;
(6) neglect;
(7) failure to perform regular maintenance; and
(8) failure to maintain adequate oil, coolant, and
other required fluids or lubricants.
(f) If the implied warranty of merchantability described in
this Section is breached, the consumer shall give reasonable
notice to the seller no later than 2 business days after the
end of the statutory warranty period. Before the consumer
exercises another remedy pursuant to Article 2 of the Uniform
Commercial Code, the seller shall have a reasonable opportunity
to repair the used motor vehicle. The consumer shall pay
one-half of the cost of the first 2 repairs necessary to bring
the used motor vehicle into compliance with the warranty. The
payments by the consumer are limited to a maximum payment of
$100 for each repair; however, the consumer shall only be
responsible for a maximum payment of $100 if the consumer
brings in the vehicle for a second repair for the same defect.
Reasonable notice as defined in this Section shall include, but
not be limited to:
(1) text, provided the seller has provided the consumer
with a cell phone number;
(2) phone call or message to the seller's business
phone number provided on the seller's bill of sale for the
purchase of the motor vehicle;
(3) in writing to the seller's address provided on the

SB3642 - 2453 - LRB101 20589 WGH 70218 b
seller's bill of sale for the purchase of the motor
vehicle;
(4) in person at the seller's address provided on the
seller's bill of sale for the purchase of the motor
vehicle.
(g) The maximum liability of a seller for repairs pursuant
to this Section is limited to the purchase price paid for the
used motor vehicle, to be refunded to the consumer or lender,
as applicable, in exchange for return of the vehicle.
(h) An agreement for the sale of a used motor vehicle
subject to this Section is voidable at the option of the
consumer, unless it contains on its face or in a separate
document the following conspicuous statement printed in
boldface 10-point or larger type set off from the body of the
agreement:
"Illinois law requires that this vehicle will be free of a
defect in a power train component for 15 days or 500 miles
after delivery, whichever is earlier, except with regard to
particular defects disclosed on the first page of this
agreement. "Power train component" means the engine block,
head, all internal engine parts, oil pan and gaskets, water
pump, intake manifold, transmission, and all internal
transmission parts, torque converter, drive shaft, universal
joints, rear axle and all rear axle internal parts, and rear
wheel bearings. You (the consumer) will have to pay up to $100
for each of the first 2 repairs if the warranty is violated.".

SB3642 - 2454 - LRB101 20589 WGH 70218 b
(i) The inclusion in the agreement of the statement
prescribed in subsection (h) of this Section does not create an
express warranty.
(j) A consumer of a used motor vehicle may waive the
implied warranty of merchantability only for a particular
defect in the vehicle, including, but not limited to, a rebuilt
or flood-branded title and only if all of the following
conditions are satisfied:
(1) the seller subject to this Section fully and
accurately discloses to the consumer that because of
circumstances unusual to the business, the used motor
vehicle has a particular defect;
(2) the consumer agrees to buy the used motor vehicle
after disclosure of the defect; and
(3) before the sale, the consumer indicates agreement
to the waiver by signing and dating the following
conspicuous statement that is printed on the first page of
the sales agreement or on a separate document in boldface
10-point or larger type and that is written in the language
in which the presentation was made:
"Attention consumer: sign here only if the seller has
told you that this vehicle has the following problem or
problems and you agree to buy the vehicle on those terms:
1. ......................................................
2. ..................................................
3. ...................................................".

SB3642 - 2455 - LRB101 20589 WGH 70218 b
(k) It shall be an affirmative defense to any claim under
this Section that:
(1) an alleged nonconformity does not substantially
impair the use and market value of the motor vehicle;
(2) a nonconformity is the result of abuse, neglect, or
unauthorized modifications or alterations of the motor
vehicle;
(3) a claim by a consumer was not filed in good faith;
or
(4) any other affirmative defense allowed by law.
(l) Other than the 15-day, 500-mile implied warranty of
merchantability identified herein, a seller subject to this
Section is not required to provide any further express or
implied warranties to a purchasing consumer unless:
(1) the seller is required by federal or State law to
provide a further express or implied warranty; or
(2) the seller fails to fully inform and disclose to
the consumer that the vehicle is being sold without any
further express or implied warranties, other than the 15
day, 500 mile implied warranty of merchantability
identified in this Section.
(m) Any person who violates this Section commits an
unlawful practice within the meaning of this Act.
(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17; 100-512,
eff. 7-1-18; 100-863, eff. 8-14-18.)

SB3642 - 2456 - LRB101 20589 WGH 70218 b
Section 1185. The Employee Credit Privacy Act is amended by
changing Section 5 as follows:
(820 ILCS 70/5)
Sec. 5. Definitions. As used in this Act:
"Credit history" means an individual's past borrowing and
repaying behavior, including paying bills on time and managing
debt and other financial obligations.
"Credit report" means any written or other communication of
any information by a consumer reporting agency that bears on a
consumer's creditworthiness, credit standing, credit capacity,
or credit history.
"Employee" means an individual who receives compensation
for performing services for an employer under an express or
implied contract of hire.
"Employer" means an individual or entity that permits one
or more individuals to work or that accepts applications for
employment or is an agent of an employer. "Employer" does not,
however, include:
(1) Any bank holding company, financial holding
company, bank, savings bank, savings and loan association,
credit union, or trust company, or any subsidiary or
affiliate thereof, that is authorized to do business under
the laws of this State or of the United States.
(2) Any company authorized to engage in any kind of
insurance or surety business pursuant to the Illinois

SB3642 - 2457 - LRB101 20589 WGH 70218 b
Insurance Code, including any employee, agent, or employee
of an agent acting on behalf of a company engaged in the
insurance or surety business.
(3) Any State law enforcement or investigative unit,
including, without limitation, any such unit within the
Office of any Executive Inspector General, the Illinois
Department of State Police, the Department of Corrections,
the Department of Juvenile Justice, or the Department of
Natural Resources.
(4) Any State or local government agency which
otherwise requires use of the employee's or applicant's
credit history or credit report.
(5) Any entity that is defined as a debt collector
under federal or State statute.
"Financial information" means non-public information on
the overall financial direction of an organization, including,
but not limited to, company taxes or profit and loss reports.
"Marketable assets" means company property that is
specially safeguarded from the public and to which access is
only entrusted to managers and select other employees. For the
purposes of this Act, marketable assets do not include the
fixtures, furnishings, or equipment of an employer.
"Personal or confidential information" means sensitive
information that a customer or client of the employing
organization gives explicit authorization for the organization
to obtain, process, and keep; that the employer entrusts only

SB3642 - 2458 - LRB101 20589 WGH 70218 b
to managers and a select few employees; or that is stored in
secure repositories not accessible by the public or low-level
employees.
"State or national security information" means information
only offered to select employees because it may jeopardize the
security of the State or the nation if it were entrusted to the
general public.
"Trade secrets" means sensitive information regarding a
company's overall strategy or business plans. This does not
include general proprietary company information such as
handbooks, policies, or low-level strategies.
(Source: P.A. 96-1426, eff. 1-1-11.)
Section 1190. The Unemployment Insurance Act is amended by
changing Section 1900 as follows:
(820 ILCS 405/1900) (from Ch. 48, par. 640)
Sec. 1900. Disclosure of information.
A. Except as provided in this Section, information obtained
from any individual or employing unit during the administration
of this Act shall:
1. be confidential,
2. not be published or open to public inspection,
3. not be used in any court in any pending action or
proceeding,
4. not be admissible in evidence in any action or

SB3642 - 2459 - LRB101 20589 WGH 70218 b
proceeding other than one arising out of this Act.
B. No finding, determination, decision, ruling or order
(including any finding of fact, statement or conclusion made
therein) issued pursuant to this Act shall be admissible or
used in evidence in any action other than one arising out of
this Act, nor shall it be binding or conclusive except as
provided in this Act, nor shall it constitute res judicata,
regardless of whether the actions were between the same or
related parties or involved the same facts.
C. Any officer or employee of this State, any officer or
employee of any entity authorized to obtain information
pursuant to this Section, and any agent of this State or of
such entity who, except with authority of the Director under
this Section, shall disclose information shall be guilty of a
Class B misdemeanor and shall be disqualified from holding any
appointment or employment by the State.
D. An individual or his duly authorized agent may be
supplied with information from records only to the extent
necessary for the proper presentation of his claim for benefits
or with his existing or prospective rights to benefits.
Discretion to disclose this information belongs solely to the
Director and is not subject to a release or waiver by the
individual. Notwithstanding any other provision to the
contrary, an individual or his or her duly authorized agent may
be supplied with a statement of the amount of benefits paid to
the individual during the 18 months preceding the date of his

SB3642 - 2460 - LRB101 20589 WGH 70218 b
or her request.
E. An employing unit may be furnished with information,
only if deemed by the Director as necessary to enable it to
fully discharge its obligations or safeguard its rights under
the Act. Discretion to disclose this information belongs solely
to the Director and is not subject to a release or waiver by
the employing unit.
F. The Director may furnish any information that he may
deem proper to any public officer or public agency of this or
any other State or of the federal government dealing with:
1. the administration of relief,
2. public assistance,
3. unemployment compensation,
4. a system of public employment offices,
5. wages and hours of employment, or
6. a public works program.
The Director may make available to the Illinois Workers'
Compensation Commission information regarding employers for
the purpose of verifying the insurance coverage required under
the Workers' Compensation Act and Workers' Occupational
Diseases Act.
G. The Director may disclose information submitted by the
State or any of its political subdivisions, municipal
corporations, instrumentalities, or school or community
college districts, except for information which specifically
identifies an individual claimant.

SB3642 - 2461 - LRB101 20589 WGH 70218 b
H. The Director shall disclose only that information
required to be disclosed under Section 303 of the Social
Security Act, as amended, including:
1. any information required to be given the United
States Department of Labor under Section 303(a)(6); and
2. the making available upon request to any agency of
the United States charged with the administration of public
works or assistance through public employment, the name,
address, ordinary occupation and employment status of each
recipient of unemployment compensation, and a statement of
such recipient's right to further compensation under such
law as required by Section 303(a)(7); and
3. records to make available to the Railroad Retirement
Board as required by Section 303(c)(1); and
4. information that will assure reasonable cooperation
with every agency of the United States charged with the
administration of any unemployment compensation law as
required by Section 303(c)(2); and
5. information upon request and on a reimbursable basis
to the United States Department of Agriculture and to any
State food stamp agency concerning any information
required to be furnished by Section 303(d); and
6. any wage information upon request and on a
reimbursable basis to any State or local child support
enforcement agency required by Section 303(e); and
7. any information required under the income

SB3642 - 2462 - LRB101 20589 WGH 70218 b
eligibility and verification system as required by Section
303(f); and
8. information that might be useful in locating an
absent parent or that parent's employer, establishing
paternity or establishing, modifying, or enforcing child
support orders for the purpose of a child support
enforcement program under Title IV of the Social Security
Act upon the request of and on a reimbursable basis to the
public agency administering the Federal Parent Locator
Service as required by Section 303(h); and
9. information, upon request, to representatives of
any federal, State or local governmental public housing
agency with respect to individuals who have signed the
appropriate consent form approved by the Secretary of
Housing and Urban Development and who are applying for or
participating in any housing assistance program
administered by the United States Department of Housing and
Urban Development as required by Section 303(i).
I. The Director, upon the request of a public agency of
Illinois, of the federal government or of any other state
charged with the investigation or enforcement of Section 10-5
of the Criminal Code of 2012 (or a similar federal law or
similar law of another State), may furnish the public agency
information regarding the individual specified in the request
as to:
1. the current or most recent home address of the

SB3642 - 2463 - LRB101 20589 WGH 70218 b
individual, and
2. the names and addresses of the individual's
employers.
J. Nothing in this Section shall be deemed to interfere
with the disclosure of certain records as provided for in
Section 1706 or with the right to make available to the
Internal Revenue Service of the United States Department of the
Treasury, or the Department of Revenue of the State of
Illinois, information obtained under this Act.
K. The Department shall make available to the Illinois
Student Assistance Commission, upon request, information in
the possession of the Department that may be necessary or
useful to the Commission in the collection of defaulted or
delinquent student loans which the Commission administers.
L. The Department shall make available to the State
Employees' Retirement System, the State Universities
Retirement System, the Teachers' Retirement System of the State
of Illinois, and the Department of Central Management Services,
Risk Management Division, upon request, information in the
possession of the Department that may be necessary or useful to
the System or the Risk Management Division for the purpose of
determining whether any recipient of a disability benefit from
the System or a workers' compensation benefit from the Risk
Management Division is gainfully employed.
M. This Section shall be applicable to the information
obtained in the administration of the State employment service,

SB3642 - 2464 - LRB101 20589 WGH 70218 b
except that the Director may publish or release general labor
market information and may furnish information that he may deem
proper to an individual, public officer or public agency of
this or any other State or the federal government (in addition
to those public officers or public agencies specified in this
Section) as he prescribes by Rule.
N. The Director may require such safeguards as he deems
proper to insure that information disclosed pursuant to this
Section is used only for the purposes set forth in this
Section.
O. Nothing in this Section prohibits communication with an
individual or entity through unencrypted e-mail or other
unencrypted electronic means as long as the communication does
not contain the individual's or entity's name in combination
with any one or more of the individual's or entity's social
security number; driver's license or State identification
number; credit or debit card number; or any required security
code, access code, or password that would permit access to
further information pertaining to the individual or entity.
P. (Blank).
Q. The Director shall make available to an elected federal
official the name and address of an individual or entity that
is located within the jurisdiction from which the official was
elected and that, for the most recently completed calendar
year, has reported to the Department as paying wages to
workers, where the information will be used in connection with

SB3642 - 2465 - LRB101 20589 WGH 70218 b
the official duties of the official and the official requests
the information in writing, specifying the purposes for which
it will be used. For purposes of this subsection, the use of
information in connection with the official duties of an
official does not include use of the information in connection
with the solicitation of contributions or expenditures, in
money or in kind, to or on behalf of a candidate for public or
political office or a political party or with respect to a
public question, as defined in Section 1-3 of the Election
Code, or in connection with any commercial solicitation. Any
elected federal official who, in submitting a request for
information covered by this subsection, knowingly makes a false
statement or fails to disclose a material fact, with the intent
to obtain the information for a purpose not authorized by this
subsection, shall be guilty of a Class B misdemeanor.
R. The Director may provide to any State or local child
support agency, upon request and on a reimbursable basis,
information that might be useful in locating an absent parent
or that parent's employer, establishing paternity, or
establishing, modifying, or enforcing child support orders.
S. The Department shall make available to a State's
Attorney of this State or a State's Attorney's investigator,
upon request, the current address or, if the current address is
unavailable, current employer information, if available, of a
victim of a felony or a witness to a felony or a person against
whom an arrest warrant is outstanding.

SB3642 - 2466 - LRB101 20589 WGH 70218 b
T. The Director shall make available to the Illinois
Department of State Police, a county sheriff's office, or a
municipal police department, upon request, any information
concerning the current address and place of employment or
former places of employment of a person who is required to
register as a sex offender under the Sex Offender Registration
Act that may be useful in enforcing the registration provisions
of that Act.
U. The Director shall make information available to the
Department of Healthcare and Family Services and the Department
of Human Services for the purpose of determining eligibility
for public benefit programs authorized under the Illinois
Public Aid Code and related statutes administered by those
departments, for verifying sources and amounts of income, and
for other purposes directly connected with the administration
of those programs.
V. The Director shall make information available to the
State Board of Elections as may be required by an agreement the
State Board of Elections has entered into with a multi-state
voter registration list maintenance system.
W. The Director shall make information available to the
State Treasurer's office and the Department of Revenue for the
purpose of facilitating compliance with the Illinois Secure
Choice Savings Program Act, including employer contact
information for employers with 25 or more employees and any
other information the Director deems appropriate that is

SB3642 - 2467 - LRB101 20589 WGH 70218 b
directly related to the administration of this program.
X. The Director shall make information available, upon
request, to the Illinois Student Assistance Commission for the
purpose of determining eligibility for the adult vocational
community college scholarship program under Section 65.105 of
the Higher Education Student Assistance Act.
(Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20.)
Section 9995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that text
does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 9999. Effective date. This Act takes effect upon
becoming law.
SB3642 - 2468 - LRB101 20589 WGH 70218 b
INDEX
Statutes amended in order of appearance
5 ILCS 230/5
5 ILCS 283/10
5 ILCS 283/25
5 ILCS 315/3 from Ch. 48, par. 1603
5 ILCS 315/6.1
5 ILCS 315/9 from Ch. 48, par. 1609
5 ILCS 350/1 from Ch. 127, par. 1301
5 ILCS 382/3-15
5 ILCS 430/5-50
5 ILCS 430/50-5
5 ILCS 465/10
5 ILCS 810/10
5 ILCS 810/15
5 ILCS 815/10
5 ILCS 820/10
5 ILCS 830/10-5
5 ILCS 835/5
5 ILCS 840/30
15 ILCS 15/3.1
15 ILCS 305/13 from Ch. 124, par. 10.3
15 ILCS 305/13.5
15 ILCS 310/10b.1 from Ch. 124, par. 110b.1
20 ILCS 5/1-5
SB3642 - 2469 - LRB101 20589 WGH 70218 b
20 ILCS 5/5-15 was 20 ILCS 5/3
20 ILCS 5/5-20 was 20 ILCS 5/4
20 ILCS 5/5-410 was 20 ILCS 5/9.11
20 ILCS 5/5-715
20 ILCS 5/5-180 rep.
20 ILCS 205/205-425 was 20 ILCS 205/40.37
20 ILCS 301/5-10
20 ILCS 301/10-15
20 ILCS 301/45-55
20 ILCS 405/405-320 was 20 ILCS 405/67.25
20 ILCS 415/4c from Ch. 127, par. 63b104c
20 ILCS 415/8c from Ch. 127, par. 63b108c
20 ILCS 415/10 from Ch. 127, par. 63b110
20 ILCS 505/5 from Ch. 23, par. 5005
20 ILCS 505/35.5
20 ILCS 505/35.6
20 ILCS 510/510-100 was 20 ILCS 510/65.8
20 ILCS 515/15
20 ILCS 1205/6 from Ch. 17, par. 106
20 ILCS 1305/1-17
20 ILCS 1370/1-5
20 ILCS 1505/1505-200 was 20 ILCS 1505/43.21
20 ILCS 1605/10.4 from Ch. 120, par. 1160.4
20 ILCS 1605/21.10
20 ILCS 1705/4.2 from Ch. 91 1/2, par. 100-4.2
20 ILCS 1710/1710-75 was 20 ILCS 1710/53 in part
SB3642 - 2470 - LRB101 20589 WGH 70218 b
20 ILCS 1905/1905-150 was 20 ILCS 1905/45 in part
20 ILCS 2105/2105-15
20 ILCS 2105/2105-20
20 ILCS 2310/2310-185 was 20 ILCS 2310/55.51
20 ILCS 2310/2310-376
20 ILCS 2505/2505-675 was 20 ILCS 2505/39b50
20 ILCS 2605/Art. 2605
heading
20 ILCS 2605/2605-1
20 ILCS 2605/2605-5
20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-25 was 20 ILCS 2605/55a-1
20 ILCS 2605/2605-30 was 20 ILCS 2605/55a-2
20 ILCS 2605/2605-35 was 20 ILCS 2605/55a-3
20 ILCS 2605/2605-40 was 20 ILCS 2605/55a-4
20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
20 ILCS 2605/2605-50 was 20 ILCS 2605/55a-6
20 ILCS 2605/2605-51 new
20 ILCS 2605/2605-52
20 ILCS 2605/2605-54
20 ILCS 2605/2605-55
20 ILCS 2605/2605-75 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-190 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-211
20 ILCS 2605/2605-212
SB3642 - 2471 - LRB101 20589 WGH 70218 b
20 ILCS 2605/2605-220 was 20 ILCS 2605/55a-7
20 ILCS 2605/2605-250 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-305 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-315 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-320
20 ILCS 2605/2605-325 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-327
20 ILCS 2605/2605-330 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-335 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-340 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-345
20 ILCS 2605/2605-355 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-375 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-377 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-378
20 ILCS 2605/2605-380 was 20 ILCS 2605/55a-8
20 ILCS 2605/2605-400 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-405 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-407
20 ILCS 2605/2605-410
20 ILCS 2605/2605-420 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-475 was 20 ILCS 2605/55a in part
20 ILCS 2605/2605-480
20 ILCS 2605/2605-485
20 ILCS 2605/2605-505 was 20 ILCS 2605/55b
20 ILCS 2605/2605-550 was 20 ILCS 2605/55a in part
SB3642 - 2472 - LRB101 20589 WGH 70218 b
20 ILCS 2605/2605-575
20 ILCS 2605/2605-585
20 ILCS 2605/2605-590
20 ILCS 2605/2605-595
20 ILCS 2605/2605-600
20 ILCS 2605/2605-605
20 ILCS 2605/2605-610
20 ILCS 2605/2605-85 rep.
20 ILCS 2605/2605-90 rep.
20 ILCS 2605/2605-95 rep.
20 ILCS 2605/2605-96 rep.
20 ILCS 2605/2605-97 rep.
20 ILCS 2605/2605-98 rep.
20 ILCS 2605/2605-99 rep.
20 ILCS 2605/2605-100 rep.
20 ILCS 2605/2605-105 rep.
20 ILCS 2605/2605-110 rep.
20 ILCS 2605/2605-115 rep.
20 ILCS 2605/2605-120 rep.
20 ILCS 2605/2605-130 rep.
20 ILCS 2605/2605-135 rep.
20 ILCS 2605/2605-140 rep.
20 ILCS 2605/2605-300 rep.
20 ILCS 2605/2605-390 rep.
20 ILCS 2605/2605-500 rep.
20 ILCS 2610/Act title
SB3642 - 2473 - LRB101 20589 WGH 70218 b
20 ILCS 2610/0.01 from Ch. 121, par. 307.01
20 ILCS 2610/1 from Ch. 121, par. 307.1
20 ILCS 2610/2 from Ch. 121, par. 307.2
20 ILCS 2610/3 from Ch. 121, par. 307.3
20 ILCS 2610/8 from Ch. 121, par. 307.8
20 ILCS 2610/9 from Ch. 121, par. 307.9
20 ILCS 2610/10 from Ch. 121, par. 307.10
20 ILCS 2610/12.2
20 ILCS 2610/12.5
20 ILCS 2610/13 from Ch. 121, par. 307.13
20 ILCS 2610/14 from Ch. 121, par. 307.14
20 ILCS 2610/16 from Ch. 121, par. 307.16
20 ILCS 2610/17b
20 ILCS 2610/18 from Ch. 121, par. 307.18
20 ILCS 2610/20 from Ch. 121, par. 307.18a
20 ILCS 2610/21 from Ch. 121, par. 307.18b
20 ILCS 2610/22 from Ch. 121, par. 307.18c
20 ILCS 2610/24
20 ILCS 2610/30
20 ILCS 2610/35
20 ILCS 2610/38
20 ILCS 2610/40
20 ILCS 2610/45
20 ILCS 2615/0.01 from Ch. 121, par. 307.20
20 ILCS 2615/1 from Ch. 121, par. 307.21
20 ILCS 2615/2 from Ch. 121, par. 307.22
SB3642 - 2474 - LRB101 20589 WGH 70218 b
20 ILCS 2615/6 from Ch. 121, par. 307.26
20 ILCS 2615/10
20 ILCS 2620/1 from Ch. 127, par. 55d
20 ILCS 2620/2 from Ch. 127, par. 55e
20 ILCS 2620/3 from Ch. 127, par. 55f
20 ILCS 2620/4 from Ch. 127, par. 55g
20 ILCS 2620/5 from Ch. 127, par. 55h
20 ILCS 2620/6 from Ch. 127, par. 55i
20 ILCS 2620/7 from Ch. 127, par. 55j
20 ILCS 2620/8 from Ch. 127, par. 55k
20 ILCS 2625/Act title
20 ILCS 2625/1 from Ch. 127, par. 289
20 ILCS 2625/2 from Ch. 127, par. 290
20 ILCS 2625/3 from Ch. 127, par. 291
20 ILCS 2625/4 from Ch. 127, par. 292
20 ILCS 2630/1 from Ch. 38, par. 206-1
20 ILCS 2630/2 from Ch. 38, par. 206-2
20 ILCS 2630/2.1 from Ch. 38, par. 206-2.1
20 ILCS 2630/2.2
20 ILCS 2630/3 from Ch. 38, par. 206-3
20 ILCS 2630/3.1 from Ch. 38, par. 206-3.1
20 ILCS 2630/3.3
20 ILCS 2630/4 from Ch. 38, par. 206-4
20 ILCS 2630/5 from Ch. 38, par. 206-5
20 ILCS 2630/5.2
20 ILCS 2630/7 from Ch. 38, par. 206-7
SB3642 - 2475 - LRB101 20589 WGH 70218 b
20 ILCS 2630/7.5
20 ILCS 2630/8 from Ch. 38, par. 206-8
20 ILCS 2630/9 from Ch. 38, par. 206-9
20 ILCS 2630/9.5
20 ILCS 2630/10 from Ch. 38, par. 206-10
20 ILCS 2630/13
20 ILCS 2630/14
20 ILCS 2635/Act title
20 ILCS 2635/2 from Ch. 38, par. 1602
20 ILCS 2635/3 from Ch. 38, par. 1603
20 ILCS 2635/4 from Ch. 38, par. 1604
20 ILCS 2635/5 from Ch. 38, par. 1605
20 ILCS 2635/6 from Ch. 38, par. 1606
20 ILCS 2635/7 from Ch. 38, par. 1607
20 ILCS 2635/8 from Ch. 38, par. 1608
20 ILCS 2635/9 from Ch. 38, par. 1609
20 ILCS 2635/10 from Ch. 38, par. 1610
20 ILCS 2635/11 from Ch. 38, par. 1611
20 ILCS 2635/12 from Ch. 38, par. 1612
20 ILCS 2635/13 from Ch. 38, par. 1613
20 ILCS 2635/14 from Ch. 38, par. 1614
20 ILCS 2635/15 from Ch. 38, par. 1615
20 ILCS 2635/17 from Ch. 38, par. 1617
20 ILCS 2635/19 from Ch. 38, par. 1619
20 ILCS 2635/20 from Ch. 38, par. 1620
20 ILCS 2635/21 from Ch. 38, par. 1621
SB3642 - 2476 - LRB101 20589 WGH 70218 b
20 ILCS 2637/5
20 ILCS 2637/15
20 ILCS 2640/5
20 ILCS 2640/10
20 ILCS 2645/5
20 ILCS 2645/10
20 ILCS 2705/2705-90 was 20 ILCS 2705/49.31
20 ILCS 2705/2705-125 was 20 ILCS 2705/49.22
20 ILCS 2705/2705-317
20 ILCS 2705/2705-505.5
20 ILCS 2705/2705-505.6
20 ILCS 2905/2 from Ch. 127 1/2, par. 2
20 ILCS 3205/5 from Ch. 17, par. 455
20 ILCS 3305/5 from Ch. 127, par. 1055
20 ILCS 3310/40
20 ILCS 3310/70
20 ILCS 3855/1-110
20 ILCS 3930/4 from Ch. 38, par. 210-4
20 ILCS 3930/9.1
20 ILCS 3980/2 from Ch. 111 1/2, par. 8002
20 ILCS 3985/2001 from Ch. 127, par. 3852-1
20 ILCS 4005/4 from Ch. 95 1/2, par. 1304
20 ILCS 4005/8.5
20 ILCS 4040/10
20 ILCS 4085/10
20 ILCS 5025/10
SB3642 - 2477 - LRB101 20589 WGH 70218 b
30 ILCS 105/6z-82
30 ILCS 105/6z-99
30 ILCS 105/6z-106
30 ILCS 105/8.3 from Ch. 127, par. 144.3
30 ILCS 105/8.37
30 ILCS 105/8p
30 ILCS 105/14 from Ch. 127, par. 150
30 ILCS 230/2 from Ch. 127, par. 171
30 ILCS 500/25-75
30 ILCS 605/7 from Ch. 127, par. 133b10
30 ILCS 605/7b
30 ILCS 605/7c
30 ILCS 610/4 from Ch. 127, par. 133e4
30 ILCS 715/2.01 from Ch. 56 1/2, par. 1702.01
30 ILCS 715/3 from Ch. 56 1/2, par. 1703
30 ILCS 715/4 from Ch. 56 1/2, par. 1704
30 ILCS 715/5 from Ch. 56 1/2, par. 1705
30 ILCS 715/5.1 from Ch. 56 1/2, par. 1705.1
30 ILCS 805/8.40
35 ILCS 5/1109 from Ch. 120, par. 11-1109
35 ILCS 135/3-10
40 ILCS 5/14-103.05 from Ch. 108 1/2, par. 14-103.05
40 ILCS 5/14-110 from Ch. 108 1/2, par. 14-110
40 ILCS 5/14-123.1 from Ch. 108 1/2, par. 14-123.1
40 ILCS 5/14-124 from Ch. 108 1/2, par. 14-124
40 ILCS 15/1.2
SB3642 - 2478 - LRB101 20589 WGH 70218 b
50 ILCS 705/3 from Ch. 85, par. 503
50 ILCS 705/6.1
50 ILCS 705/9 from Ch. 85, par. 509
50 ILCS 705/10.10
50 ILCS 705/10.19
50 ILCS 705/10.21
50 ILCS 709/5-5
50 ILCS 709/5-10
50 ILCS 709/5-12
50 ILCS 709/5-15
50 ILCS 709/5-20
50 ILCS 709/5-30
50 ILCS 722/5
50 ILCS 722/10
50 ILCS 722/15
50 ILCS 722/20
50 ILCS 727/1-10
50 ILCS 750/2 from Ch. 134, par. 32
50 ILCS 750/7 from Ch. 134, par. 37
50 ILCS 750/8 from Ch. 134, par. 38
50 ILCS 750/10 from Ch. 134, par. 40
50 ILCS 750/12 from Ch. 134, par. 42
50 ILCS 750/15.1 from Ch. 134, par. 45.1
50 ILCS 750/15.4b
50 ILCS 750/15.5
50 ILCS 750/15.6
SB3642 - 2479 - LRB101 20589 WGH 70218 b
50 ILCS 750/15.6a
50 ILCS 750/15.6b
50 ILCS 750/17.5
50 ILCS 750/19
50 ILCS 750/20
50 ILCS 750/30
50 ILCS 750/40
50 ILCS 750/50
50 ILCS 750/55
50 ILCS 750/75
50 ILCS 750/80
50 ILCS 753/20
55 ILCS 5/3-3013 from Ch. 34, par. 3-3013
65 ILCS 5/10-1-7.1
65 ILCS 5/10-2.1-6 from Ch. 24, par. 10-2.1-6
65 ILCS 5/10-2.1-6.1 from Ch. 24, par. 10-2.1-6.1
65 ILCS 5/10-2.1-6.2 from Ch. 24, par. 10-2.1-6.2
65 ILCS 5/10-2.1-6.3
65 ILCS 5/11-32-1 from Ch. 24, par. 11-32-1
70 ILCS 705/16.06b
70 ILCS 1205/8-23
70 ILCS 1505/16a-5
70 ILCS 3605/28b from Ch. 111 2/3, par. 328b
105 ILCS 5/1A-11
105 ILCS 5/2-3.25o
105 ILCS 5/2-3.73 from Ch. 122, par. 2-3.73
SB3642 - 2480 - LRB101 20589 WGH 70218 b
105 ILCS 5/2-3.140
105 ILCS 5/10-20.21a
105 ILCS 5/10-21.7 from Ch. 122, par. 10-21.7
105 ILCS 5/10-21.9 from Ch. 122, par. 10-21.9
105 ILCS 5/10-27.1A
105 ILCS 5/10-27.1B
105 ILCS 5/34-2.1 from Ch. 122, par. 34-2.1
105 ILCS 5/34-8.05
105 ILCS 5/34-18.5 from Ch. 122, par. 34-18.5
110 ILCS 57/10
110 ILCS 57/15
110 ILCS 57/25
205 ILCS 657/25
205 ILCS 685/2 from Ch. 17, par. 7352
205 ILCS 685/3 from Ch. 17, par. 7353
205 ILCS 685/4 from Ch. 17, par. 7354
210 ILCS 30/6 from Ch. 111 1/2, par. 4166
210 ILCS 30/10 from Ch. 111 1/2, par. 4170
210 ILCS 45/1-114.01
210 ILCS 45/2-201.5
210 ILCS 45/2-201.6
210 ILCS 45/2-201.7
210 ILCS 46/1-114.01
210 ILCS 46/2-201.5
210 ILCS 46/2-201.6
210 ILCS 47/1-114.01
SB3642 - 2481 - LRB101 20589 WGH 70218 b
210 ILCS 47/2-201.5
210 ILCS 47/2-201.6
210 ILCS 49/2-104
210 ILCS 49/2-105
210 ILCS 85/6.09 from Ch. 111 1/2, par. 147.09
210 ILCS 150/18
210 ILCS 160/30
215 ILCS 5/155.24 from Ch. 73, par. 767.24
215 ILCS 5/401 from Ch. 73, par. 1013
215 ILCS 5/1520
220 ILCS 5/4-101 from Ch. 111 2/3, par. 4-101
225 ILCS 10/4.1 from Ch. 23, par. 2214.1
225 ILCS 46/15
225 ILCS 46/33
225 ILCS 46/45
225 ILCS 46/65
225 ILCS 46/70
225 ILCS 57/15
225 ILCS 60/7 from Ch. 111, par. 4400-7
225 ILCS 60/9.7
225 ILCS 60/65
225 ILCS 65/50-35 was 225 ILCS 65/5-23
225 ILCS 70/5.1
225 ILCS 120/25 from Ch. 111, par. 8301-25
225 ILCS 227/40
225 ILCS 227/45
SB3642 - 2482 - LRB101 20589 WGH 70218 b
225 ILCS 447/5-10
225 ILCS 447/10-5
225 ILCS 447/10-25
225 ILCS 447/31-5
225 ILCS 447/31-10
225 ILCS 447/31-15
225 ILCS 447/31-20
225 ILCS 447/31-25
225 ILCS 447/35-30
225 ILCS 447/40-10
225 ILCS 458/5-22
225 ILCS 459/68
225 ILCS 460/16.5
230 ILCS 5/9 from Ch. 8, par. 37-9
230 ILCS 5/15 from Ch. 8, par. 37-15
230 ILCS 5/28 from Ch. 8, par. 37-28
230 ILCS 5/34 from Ch. 8, par. 37-34
230 ILCS 5/45 from Ch. 8, par. 37-45
230 ILCS 10/5 from Ch. 120, par. 2405
230 ILCS 10/6 from Ch. 120, par. 2406
230 ILCS 10/7.7
230 ILCS 10/9 from Ch. 120, par. 2409
230 ILCS 10/11 from Ch. 120, par. 2411
230 ILCS 10/13 from Ch. 120, par. 2413
230 ILCS 10/22 from Ch. 120, par. 2422
230 ILCS 20/2.1
SB3642 - 2483 - LRB101 20589 WGH 70218 b
230 ILCS 20/5 from Ch. 120, par. 1055
230 ILCS 25/1.2
230 ILCS 30/7 from Ch. 120, par. 1127
230 ILCS 30/14 from Ch. 120, par. 1134
230 ILCS 40/45
230 ILCS 45/25-20
235 ILCS 5/4-7 from Ch. 43, par. 114a
235 ILCS 5/10-1 from Ch. 43, par. 183
305 ILCS 5/8A-7 from Ch. 23, par. 8A-7
305 ILCS 5/9A-11.5
305 ILCS 5/10-3.4
305 ILCS 5/12-4.25 from Ch. 23, par. 12-4.25
310 ILCS 10/25 from Ch. 67 1/2, par. 25
320 ILCS 20/3.5
325 ILCS 5/7.3 from Ch. 23, par. 2057.3
325 ILCS 5/7.4 from Ch. 23, par. 2057.4
325 ILCS 5/11.1 from Ch. 23, par. 2061.1
325 ILCS 40/2 from Ch. 23, par. 2252
325 ILCS 40/3 from Ch. 23, par. 2253
325 ILCS 40/3.5
325 ILCS 40/3.6
325 ILCS 40/6 from Ch. 23, par. 2256
325 ILCS 40/7 from Ch. 23, par. 2257
325 ILCS 50/1 from Ch. 23, par. 2281
325 ILCS 50/2 from Ch. 23, par. 2282
325 ILCS 50/3 from Ch. 23, par. 2283
SB3642 - 2484 - LRB101 20589 WGH 70218 b
325 ILCS 50/4 from Ch. 23, par. 2284
325 ILCS 50/5 from Ch. 23, par. 2285
325 ILCS 55/1 from Ch. 23, par. 2271
325 ILCS 55/2 from Ch. 23, par. 2272
325 ILCS 55/3 from Ch. 23, par. 2273
325 ILCS 55/4 from Ch. 23, par. 2274
325 ILCS 55/5 from Ch. 23, par. 2275
325 ILCS 55/6 from Ch. 23, par. 2276
405 ILCS 5/6-103.1
405 ILCS 5/6-103.2
405 ILCS 5/6-103.3
410 ILCS 70/1a from Ch. 111 1/2, par. 87-1a
410 ILCS 70/5 from Ch. 111 1/2, par. 87-5
410 ILCS 70/6.4 from Ch. 111 1/2, par. 87-6.4
410 ILCS 70/9.5
410 ILCS 82/40
410 ILCS 82/45
410 ILCS 130/85
410 ILCS 130/95
410 ILCS 130/100
410 ILCS 130/105
410 ILCS 130/145
410 ILCS 130/150
410 ILCS 130/180
410 ILCS 535/15.1 from Ch. 111 1/2, par. 73-15.1
410 ILCS 535/25.1 from Ch. 111 1/2, par. 73-25.1
SB3642 - 2485 - LRB101 20589 WGH 70218 b
410 ILCS 620/3.21 from Ch. 56 1/2, par. 503.21
410 ILCS 705/1-10
410 ILCS 705/5-20
410 ILCS 705/15-25
410 ILCS 705/15-30
410 ILCS 705/15-40
410 ILCS 705/15-65
410 ILCS 705/15-75
410 ILCS 705/15-100
410 ILCS 705/15-135
410 ILCS 705/20-15
410 ILCS 705/20-30
410 ILCS 705/20-35
410 ILCS 705/20-40
410 ILCS 705/25-30
410 ILCS 705/25-35
410 ILCS 705/30-10
410 ILCS 705/30-30
410 ILCS 705/30-35
410 ILCS 705/30-40
410 ILCS 705/35-10
410 ILCS 705/35-25
410 ILCS 705/35-30
410 ILCS 705/40-10
410 ILCS 705/40-25
410 ILCS 705/40-30
SB3642 - 2486 - LRB101 20589 WGH 70218 b
410 ILCS 705/40-35
410 ILCS 705/55-15
410 ILCS 705/55-30
410 ILCS 705/55-35
410 ILCS 705/55-40
410 ILCS 705/55-50
410 ILCS 705/55-55
410 ILCS 705/55-80
420 ILCS 40/34 from Ch. 111 1/2, par. 210-34
430 ILCS 65/1.1 from Ch. 38, par. 83-1.1
430 ILCS 65/2 from Ch. 38, par. 83-2
430 ILCS 65/3 from Ch. 38, par. 83-3
430 ILCS 65/3.1 from Ch. 38, par. 83-3.1
430 ILCS 65/3.3
430 ILCS 65/4 from Ch. 38, par. 83-4
430 ILCS 65/5 from Ch. 38, par. 83-5
430 ILCS 65/5.1
430 ILCS 65/6 from Ch. 38, par. 83-6
430 ILCS 65/8 from Ch. 38, par. 83-8
430 ILCS 65/8.1 from Ch. 38, par. 83-8.1
430 ILCS 65/8.2
430 ILCS 65/8.3
430 ILCS 65/9.5
430 ILCS 65/10 from Ch. 38, par. 83-10
430 ILCS 65/11 from Ch. 38, par. 83-11
430 ILCS 65/13.1 from Ch. 38, par. 83-13.1
SB3642 - 2487 - LRB101 20589 WGH 70218 b
430 ILCS 65/13.2 from Ch. 38, par. 83-13.2
430 ILCS 65/13.3
430 ILCS 65/15a from Ch. 38, par. 83-15a
430 ILCS 65/15b
430 ILCS 66/5
430 ILCS 66/10
430 ILCS 66/15
430 ILCS 66/20
430 ILCS 66/25
430 ILCS 66/30
430 ILCS 66/35
430 ILCS 66/40
430 ILCS 66/45
430 ILCS 66/50
430 ILCS 66/55
430 ILCS 66/65
430 ILCS 66/70
430 ILCS 66/75
430 ILCS 66/80
430 ILCS 66/87
430 ILCS 66/95
430 ILCS 66/105
430 ILCS 67/35
430 ILCS 67/40
430 ILCS 67/50
430 ILCS 67/55
SB3642 - 2488 - LRB101 20589 WGH 70218 b
430 ILCS 67/60
430 ILCS 68/5-5
430 ILCS 68/5-10
430 ILCS 68/5-15
430 ILCS 68/5-20
430 ILCS 68/5-30
430 ILCS 68/5-35
430 ILCS 68/5-40
430 ILCS 68/5-45
430 ILCS 68/5-50
430 ILCS 68/5-55
430 ILCS 68/5-60
430 ILCS 68/5-70
430 ILCS 68/5-75
430 ILCS 68/5-85
430 ILCS 68/5-95
430 ILCS 68/5-100
430 ILCS 68/5-105
430 ILCS 68/5-110
430 ILCS 68/5-115
430 ILCS 68/5-120
510 ILCS 72/35
510 ILCS 72/55
520 ILCS 5/3.5 from Ch. 61, par. 3.5
605 ILCS 130/115
610 ILCS 80/2 from Ch. 114, par. 98
SB3642 - 2489 - LRB101 20589 WGH 70218 b
620 ILCS 10/5 from Ch. 15 1/2, par. 183
620 ILCS 75/2-135
625 ILCS 5/1-129 from Ch. 95 1/2, par. 1-129
625 ILCS 5/2-116 from Ch. 95 1/2, par. 2-116
625 ILCS 5/2-119 from Ch. 95 1/2, par. 2-119
625 ILCS 5/3-117.1 from Ch. 95 1/2, par. 3-117.1
625 ILCS 5/3-405 from Ch. 95 1/2, par. 3-405
625 ILCS 5/3-416 from Ch. 95 1/2, par. 3-416
625 ILCS 5/4-107 from Ch. 95 1/2, par. 4-107
625 ILCS 5/4-109
625 ILCS 5/4-202 from Ch. 95 1/2, par. 4-202
625 ILCS 5/4-203.5
625 ILCS 5/4-205 from Ch. 95 1/2, par. 4-205
625 ILCS 5/4-206 from Ch. 95 1/2, par. 4-206
625 ILCS 5/4-209 from Ch. 95 1/2, par. 4-209
625 ILCS 5/4-302 from Ch. 95 1/2, par. 4-302
625 ILCS 5/5-102 from Ch. 95 1/2, par. 5-102
625 ILCS 5/5-105 from Ch. 95 1/2, par. 5-105
625 ILCS 5/5-401.2 from Ch. 95 1/2, par. 5-401.2
625 ILCS 5/5-402.1 from Ch. 95 1/2, par. 5-402.1
625 ILCS 5/6-106.1 from Ch. 95 1/2, par. 6-106.1
625 ILCS 5/6-106.1a
625 ILCS 5/6-107.5
625 ILCS 5/6-112 from Ch. 95 1/2, par. 6-112
625 ILCS 5/6-402 from Ch. 95 1/2, par. 6-402
625 ILCS 5/6-411 from Ch. 95 1/2, par. 6-411
SB3642 - 2490 - LRB101 20589 WGH 70218 b
625 ILCS 5/6-508 from Ch. 95 1/2, par. 6-508
625 ILCS 5/8-115 from Ch. 95 1/2, par. 8-115
625 ILCS 5/11-212
625 ILCS 5/11-416 from Ch. 95 1/2, par. 11-416
625 ILCS 5/11-501.01
625 ILCS 5/11-501.2 from Ch. 95 1/2, par. 11-501.2
625 ILCS 5/11-501.4-1
625 ILCS 5/11-501.5 from Ch. 95 1/2, par. 11-501.5
625 ILCS 5/11-501.6 from Ch. 95 1/2, par. 11-501.6
625 ILCS 5/11-501.8
625 ILCS 5/11-501.10
625 ILCS 5/11-605.1
625 ILCS 5/11-907.1
625 ILCS 5/12-612
625 ILCS 5/13-109.1
625 ILCS 5/15-102 from Ch. 95 1/2, par. 15-102
625 ILCS 5/15-112 from Ch. 95 1/2, par. 15-112
625 ILCS 5/15-201 from Ch. 95 1/2, par. 15-201
625 ILCS 5/15-202 from Ch. 95 1/2, par. 15-202
625 ILCS 5/15-203 from Ch. 95 1/2, par. 15-203
625 ILCS 5/15-305 from Ch. 95 1/2, par. 15-305
625 ILCS 5/16-102 from Ch. 95 1/2, par. 16-102
625 ILCS 5/16-105 from Ch. 95 1/2, par. 16-105
625 ILCS 5/18a-200 from Ch. 95 1/2, par. 18a-200
625 ILCS 5/18b-112
625 ILCS 5/18c-1702 from Ch. 95 1/2, par. 18c-1702
SB3642 - 2491 - LRB101 20589 WGH 70218 b
625 ILCS 5/18c-4601 from Ch. 95 1/2, par. 18c-4601
625 ILCS 7/10
625 ILCS 7/25
625 ILCS 25/7 from Ch. 95 1/2, par. 1107
625 ILCS 45/3A-6 from Ch. 95 1/2, par. 313A-6
625 ILCS 45/3C-2 from Ch. 95 1/2, par. 313C-2
625 ILCS 45/3C-5 from Ch. 95 1/2, par. 313C-5
625 ILCS 45/3C-9 from Ch. 95 1/2, par. 313C-9
625 ILCS 45/5-16b from Ch. 95 1/2, par. 315-11b
625 ILCS 45/5-16c
625 ILCS 45/5-22
625 ILCS 45/6-1 from Ch. 95 1/2, par. 316-1
630 ILCS 5/70
705 ILCS 105/27.3b-1
705 ILCS 135/10-5
705 ILCS 135/15-70
705 ILCS 405/1-3 from Ch. 37, par. 801-3
705 ILCS 405/1-7 from Ch. 37, par. 801-7
705 ILCS 405/1-8 from Ch. 37, par. 801-8
705 ILCS 405/2-21 from Ch. 37, par. 802-21
705 ILCS 405/2-25 from Ch. 37, par. 802-25
705 ILCS 405/3-26 from Ch. 37, par. 803-26
705 ILCS 405/4-23 from Ch. 37, par. 804-23
705 ILCS 405/5-105
705 ILCS 405/5-301
705 ILCS 405/5-305
SB3642 - 2492 - LRB101 20589 WGH 70218 b
705 ILCS 405/5-730
705 ILCS 405/5-901
705 ILCS 405/5-915
720 ILCS 5/3-7 from Ch. 38, par. 3-7
720 ILCS 5/12-38
720 ILCS 5/12C-15 was 720 ILCS 5/12-22
720 ILCS 5/14-3
720 ILCS 5/17-6.3
720 ILCS 5/24-1 from Ch. 38, par. 24-1
720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
720 ILCS 5/24-3 from Ch. 38, par. 24-3
720 ILCS 5/24-3B
720 ILCS 5/24-6 from Ch. 38, par. 24-6
720 ILCS 5/24-8
720 ILCS 5/24.8-5
720 ILCS 5/28-5 from Ch. 38, par. 28-5
720 ILCS 5/29B-0.5
720 ILCS 5/29B-3
720 ILCS 5/29B-4
720 ILCS 5/29B-12
720 ILCS 5/29B-20
720 ILCS 5/29B-25
720 ILCS 5/29B-26
720 ILCS 5/32-2 from Ch. 38, par. 32-2
720 ILCS 5/32-8 from Ch. 38, par. 32-8
720 ILCS 5/33-2 from Ch. 38, par. 33-2
SB3642 - 2493 - LRB101 20589 WGH 70218 b
720 ILCS 5/33-3.1
720 ILCS 5/33-3.2
720 ILCS 5/36-1.1
720 ILCS 5/36-1.3
720 ILCS 5/36-2.2
720 ILCS 5/36-7
720 ILCS 550/3 from Ch. 56 1/2, par. 703
720 ILCS 550/4 from Ch. 56 1/2, par. 704
720 ILCS 550/8 from Ch. 56 1/2, par. 708
720 ILCS 550/10.2 from Ch. 56 1/2, par. 710.2
720 ILCS 550/11 from Ch. 56 1/2, par. 711
720 ILCS 550/15.2
720 ILCS 550/16.2
720 ILCS 550/17 from Ch. 56 1/2, par. 717
720 ILCS 570/102 from Ch. 56 1/2, par. 1102
720 ILCS 646/10
720 ILCS 646/90
720 ILCS 646/95
720 ILCS 648/10
720 ILCS 649/10
720 ILCS 649/15
720 ILCS 649/20
720 ILCS 649/25
720 ILCS 675/1 from Ch. 23, par. 2357
725 ILCS 5/104-26 from Ch. 38, par. 104-26
725 ILCS 5/107-4 from Ch. 38, par. 107-4
SB3642 - 2494 - LRB101 20589 WGH 70218 b
725 ILCS 5/108A-11 from Ch. 38, par. 108A-11
725 ILCS 5/108B-1 from Ch. 38, par. 108B-1
725 ILCS 5/108B-2 from Ch. 38, par. 108B-2
725 ILCS 5/108B-5 from Ch. 38, par. 108B-5
725 ILCS 5/108B-13 from Ch. 38, par. 108B-13
725 ILCS 5/108B-14 from Ch. 38, par. 108B-14
725 ILCS 5/110-7 from Ch. 38, par. 110-7
725 ILCS 5/112A-11.1
725 ILCS 5/112A-11.2
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
725 ILCS 5/112A-14.7
725 ILCS 5/112A-17.5
725 ILCS 5/112A-20 from Ch. 38, par. 112A-20
725 ILCS 5/112A-22 from Ch. 38, par. 112A-22
725 ILCS 5/112A-28 from Ch. 38, par. 112A-28
725 ILCS 5/115-15
725 ILCS 5/116-3
725 ILCS 5/116-4
725 ILCS 5/116-5
725 ILCS 5/124B-605
725 ILCS 5/124B-705
725 ILCS 5/124B-710
725 ILCS 5/124B-930
725 ILCS 5/124B-935
725 ILCS 150/3.1
725 ILCS 150/3.3
SB3642 - 2495 - LRB101 20589 WGH 70218 b
725 ILCS 150/4 from Ch. 56 1/2, par. 1674
725 ILCS 150/5.1
725 ILCS 150/6 from Ch. 56 1/2, par. 1676
725 ILCS 150/11 from Ch. 56 1/2, par. 1681
725 ILCS 150/13.1 was 725 ILCS 150/15
725 ILCS 150/13.2 was 725 ILCS 150/17
725 ILCS 175/5 from Ch. 56 1/2, par. 1655
725 ILCS 175/5.2 from Ch. 56 1/2, par. 1655.2
725 ILCS 202/5
725 ILCS 202/10
725 ILCS 202/15
725 ILCS 202/20
725 ILCS 202/25
725 ILCS 202/35
725 ILCS 202/42
725 ILCS 202/45
725 ILCS 202/50
725 ILCS 203/15
725 ILCS 203/20
725 ILCS 203/35
725 ILCS 207/45
730 ILCS 5/3-2-2 from Ch. 38, par. 1003-2-2
730 ILCS 5/3-2.7-25
730 ILCS 5/3-3-2 from Ch. 38, par. 1003-3-2
730 ILCS 5/3-14-1 from Ch. 38, par. 1003-14-1
730 ILCS 5/3-14-1.5
SB3642 - 2496 - LRB101 20589 WGH 70218 b
730 ILCS 5/3-17-5
730 ILCS 5/5-2-4 from Ch. 38, par. 1005-2-4
730 ILCS 5/5-4-3 from Ch. 38, par. 1005-4-3
730 ILCS 5/5-4-3a
730 ILCS 5/5-4-3b
730 ILCS 5/5-5-4 from Ch. 38, par. 1005-5-4
730 ILCS 5/5-5.5-40
730 ILCS 5/5-6-3 from Ch. 38, par. 1005-6-3
730 ILCS 5/5-9-1.2 from Ch. 38, par. 1005-9-1.2
730 ILCS 5/5-9-1.4 from Ch. 38, par. 1005-9-1.4
730 ILCS 5/5-9-1.9
730 ILCS 148/10
730 ILCS 148/15
730 ILCS 148/20
730 ILCS 148/25
730 ILCS 148/30
730 ILCS 148/35
730 ILCS 148/45
730 ILCS 148/50
730 ILCS 148/55
730 ILCS 148/60
730 ILCS 148/70
730 ILCS 148/75
730 ILCS 148/80
730 ILCS 150/3
730 ILCS 150/4 from Ch. 38, par. 224
SB3642 - 2497 - LRB101 20589 WGH 70218 b
730 ILCS 150/5 from Ch. 38, par. 225
730 ILCS 150/5-5
730 ILCS 150/5-10
730 ILCS 150/6
730 ILCS 150/7 from Ch. 38, par. 227
730 ILCS 150/8 from Ch. 38, par. 228
730 ILCS 150/8-5
730 ILCS 150/11
730 ILCS 152/115
730 ILCS 152/116
730 ILCS 152/117
730 ILCS 152/120
730 ILCS 152/121
730 ILCS 154/10
730 ILCS 154/11
730 ILCS 154/13
730 ILCS 154/15
730 ILCS 154/20
730 ILCS 154/25
730 ILCS 154/30
730 ILCS 154/40
730 ILCS 154/45
730 ILCS 154/46
730 ILCS 154/50
730 ILCS 154/85
730 ILCS 154/90
SB3642 - 2498 - LRB101 20589 WGH 70218 b
730 ILCS 154/95
730 ILCS 154/100
730 ILCS 180/10
730 ILCS 180/15
730 ILCS 195/15
735 ILCS 5/2-202 from Ch. 110, par. 2-202
735 ILCS 5/2-702
735 ILCS 5/21-101 from Ch. 110, par. 21-101
735 ILCS 5/21-102 from Ch. 110, par. 21-102
735 ILCS 5/21-102.5
735 ILCS 5/21-103 from Ch. 110, par. 21-103
740 ILCS 21/80
740 ILCS 21/115
740 ILCS 21/135
740 ILCS 22/218
740 ILCS 22/302
740 ILCS 40/1 from Ch. 100 1/2, par. 14
740 ILCS 40/3 from Ch. 100 1/2, par. 16
740 ILCS 40/7 from Ch. 100 1/2, par. 20
740 ILCS 110/12 from Ch. 91 1/2, par. 812
740 ILCS 110/12.2 from Ch. 91 1/2, par. 812.2
740 ILCS 175/2 from Ch. 127, par. 4102
740 ILCS 175/4 from Ch. 127, par. 4104
740 ILCS 175/8 from Ch. 127, par. 4108
750 ILCS 5/607.5
750 ILCS 50/6 from Ch. 40, par. 1508
SB3642 - 2499 - LRB101 20589 WGH 70218 b