(70 ILCS 3615/2.40) Sec. 2.40. Suspension of riding privileges and confiscation of fare media. (a) As used in this Section, "demographic information" includes, but is not limited to, age, race, ethnicity, gender, and housing status, as that term is defined under Section 10 of the Bill of Rights for the Homeless Act. (b) Suspension of riding privileges and confiscation of fare media are limited to: (1) violations where the person's conduct places |
| transit employees or transit passengers in reasonable apprehension of a threat to their safety or the safety of others, including assault and battery, as those terms are defined under Sections 12-1 and 12-3 of the Criminal Code of 2012;
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(2) violations where the person's conduct places
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| transit employees or transit passengers in reasonable apprehension of a threat of a criminal sexual assault, as that term is defined under Section 11-1.20 of the Criminal Code of 2012; and
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(3) violations involving an act of public indecency,
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| as that term is defined in Section 11-30 of the Criminal Code of 2012.
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(c) Written notice shall be provided to an individual regarding the suspension of the individual's riding privileges or confiscation of fare media. The notice shall be provided in person at the time of the alleged violation, except that, if providing notice in person at the time of the alleged violation is not practicable, then the Authority shall make a reasonable effort to provide notice to the individual by personal service, by mailing a copy of the notice by certified mail, return receipt requested, and first-class mail to the person's current address, or by emailing a copy of the notice to an email address on file, if available. If the person is known to be detained in jail, service shall be made as provided under Section 2-203.2 of the Code of Civil Procedure. The written notice shall be sufficient to inform the individual about the following:
(1) the nature of the suspension of riding privileges
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| or confiscation of fare media;
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(2) the person's rights and available remedies to
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| contest or appeal the suspension of riding privileges or confiscation of fare media and to apply for reinstatement of riding privileges; and
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(3) the procedures for adjudicating whether a
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| suspension or confiscation is warranted and for applying for reinstatement of riding privileges, including the time and location of any hearing.
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The process to determine whether a suspension or riding privileges or confiscation of fare media is warranted and the length of the suspension shall be concluded within 30 business days after the individual receives notice of the suspension or confiscation.
Notwithstanding any other provision of this Section, no person shall be denied the ability to contest or appeal a suspension of riding privileges or confiscation of fare media, or to attend a hearing to determine whether a suspension or confiscation was warranted, because the person was detained in a jail.
(d) Each Service Board shall create an administrative suspension hearing process as follows:
(1) A Service Board shall designate an official to
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| oversee the administrative process to decide whether a suspension is warranted and the length of the suspension.
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(2) The accused and related parties, including legal
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| counsel, may attend this hearing in person, by telephone, or virtually.
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(3) The Service Board shall present the
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| suspension-related evidence and outline the evidence that supports the need for the suspension.
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(4) The accused or the accused's legal counsel can
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| present and may make an oral or written presentation and offer documents, including affidavits, in response to the Service Board's evidence.
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(5) The Service Board's designated official shall
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| make a finding on the suspension.
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(6) The value of unexpended credit or unexpired
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| passes shall be reimbursed upon suspension of riding privileges or confiscation of fare media.
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(7) The alleged victims of the violation and related
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| parties, including witnesses who were present, may attend this hearing in person, by telephone, or virtually.
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(8) The alleged victims of the violation and related
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| parties, including witnesses who were present, can present and may make an oral or written presentation and offer documents, including affidavits, in response to the Service Board's evidence.
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(e) Each Service Board shall create a process to appeal and reinstate ridership privileges. This information shall be provided to the suspended rider at the time of the Service Board's findings. A suspended rider is entitled to 2 appeals after the Service Board's finding to suspend the person's ridership. A suspended rider may petition the Service Board to reinstate the person's ridership privileges one calendar year after the Service Board's suspension finding if the length of the suspension is more than one year.
(f) Each Service Board shall collect, report, and make publicly available in a quarterly timeframe the number and demographic information of people subject to suspension of riding privileges or confiscation of fare media, the conduct leading to the suspension or confiscation, as well as the location and description of the location where the conduct occurred, such as identifying the transit station or transit line, date, and time of day, a citation to the statutory authority for which the accused person was arrested or charged, the amount, if any, on the fare media, and the length of the suspension.
(Source: P.A. 103-281, eff. 1-1-24 .)
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(70 ILCS 3615/3.01) (from Ch. 111 2/3, par. 703.01)
Sec. 3.01. Board of Directors. The
corporate authorities and governing body of the Authority shall
be a Board consisting of 13 Directors until April 1, 2008, and 16 Directors thereafter, appointed as follows:
(a) Four Directors appointed by the Mayor of the City of
Chicago, with the advice and consent of the City Council of the City of
Chicago, and, only until April 1, 2008, a fifth director who shall be the Chairman of the Chicago
Transit Authority. After April 1, 2008, the Mayor of the City of Chicago, with the advice and consent of the City Council of the City of Chicago, shall appoint a fifth Director. The Directors appointed by the Mayor of the City of Chicago shall not be the Chairman or a Director of the Chicago Transit Authority. Each such Director shall reside in the City of Chicago.
(b) Four Directors appointed by the votes of a majority of the members of the Cook County Board
elected from districts, a majority of
the electors of which reside outside Chicago. After April 1, 2008, a fifth Director appointed by the President of the Cook County Board with the advice and consent of the members of the Cook County Board.
Each Director appointed under this subparagraph shall reside in that part of Cook County outside
Chicago.
(c) Until April 1, 2008, 3 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake, McHenry, and Will Counties, as follows:
(i) Two Directors appointed by the Chairmen of the |
| county boards of Kane, Lake, McHenry and Will Counties, with the concurrence of not less than a majority of the Chairmen from such counties, from nominees by the Chairmen. Each such Chairman may nominate not more than 2 persons for each position. Each such Director shall reside in a county in the metropolitan region other than Cook or DuPage Counties.
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(ii) One Director appointed by the Chairman of the
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| DuPage County Board with the advice and consent of the DuPage County Board. Such Director shall reside in DuPage County.
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(d) After April 1, 2008, 5 Directors appointed by the Chairmen of the County Boards of DuPage, Kane, Lake and McHenry Counties and the County Executive of Will County, as follows:
(i) One Director appointed by the Chairman of the
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| Kane County Board with the advice and consent of the Kane County Board. Such Director shall reside in Kane County.
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(ii) One Director appointed by the County Executive
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| of Will County with the advice and consent of the Will County Board. Such Director shall reside in Will County.
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(iii) One Director appointed by the Chairman of the
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| DuPage County Board with the advice and consent of the DuPage County Board. Such Director shall reside in DuPage County.
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(iv) One Director appointed by the Chairman of the
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| Lake County Board with the advice and consent of the Lake County Board. Such Director shall reside in Lake County.
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(v) One Director appointed by the Chairman of the
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| McHenry County Board with the advice and consent of the McHenry County Board. Such Director shall reside in McHenry County.
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(vi) To implement the changes in appointing authority
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| under this subparagraph (d) the three Directors appointed under subparagraph (c) and residing in Lake County, DuPage County, and Kane County respectively shall each continue to serve as Director until the expiration of their respective term of office and until his or her successor is appointed and qualified or a vacancy occurs in the office. Thereupon, the appointment shall be made by the officials given appointing authority with respect to the Director whose term has expired or office has become vacant.
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(e)
The Chairman serving on the effective date of this amendatory Act of the 95th General Assembly shall continue to serve as Chairman until the expiration of his or her term of office and until his or her successor is appointed and qualified or a vacancy occurs in the office. Upon the expiration or vacancy of the term of the Chairman then serving upon the effective date of this amendatory Act of the 95th General Assembly, the Chairman shall be appointed by the other Directors, by the affirmative vote of at least 11 of the then Directors with at least 2 affirmative votes from Directors who reside in the City of Chicago, at least 2 affirmative votes from Directors who reside in Cook County outside the City of Chicago, and at least 2 affirmative votes from Directors who reside in the Counties of DuPage, Lake, Will, Kane, or McHenry. The
chairman shall not be appointed from among the other Directors. The chairman
shall be a resident of the metropolitan region.
(f) Except as otherwise provided by this Act no Director
shall, while serving as such, be an officer,
a member of the Board of Directors or Trustees or an employee of any Service Board or transportation
agency, or be an employee of the State of Illinois or any department or
agency thereof, or of any municipality, county, or any other unit of local government or receive any compensation
from any elected or appointed office under the Constitution and laws of
Illinois; except that a Director may be a member of a school board.
(g) Each appointment made under this Section and
under Section 3.03 shall be certified by the appointing authority to the
Board, which shall maintain the certifications as part of the official
records of the Authority.
(h) (Blank).
(Source: P.A. 98-709, eff. 7-16-14.)
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