Public Act 097-1150
 
HB3804 EnrolledLRB097 12822 RLC 57318 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Findings. It is the intent of the General
Assembly to implement the provisions of Public Act 97-1108
which changed the short title of the Criminal Code of 1961 to
the Criminal Code of 2012. The purpose of this Act is to
clarify the citations to offenses under the Criminal Code of
2012 and to previous citations under the Criminal Code of 1961
to aid law enforcement, prosecutors, defense attorneys,
criminal defendants, the courts, and the public in the
administration and understanding of the criminal law. It is not
the intent of this Act to make any substantive changes to the
law by the cross referencing changes regarding the Criminal
Code of 1961 and the Criminal Code of 2012.
 
    Section 5. The Statute on Statutes is amended by changing
Section 1.39 as follows:
 
    (5 ILCS 70/1.39)
    Sec. 1.39. Criminal Code of 2012. Whenever there is a
reference in any Act to the Criminal Code or Criminal Code of
1961, that reference shall be interpreted to mean the Criminal
Code of 2012, unless the context clearly requires otherwise.
(Source: P.A. 97-1108, eff. 1-1-13.)
 
    Section 10. The Electronic Commerce Security Act is amended
by changing Section 30-5 as follows:
 
    (5 ILCS 175/30-5)
    Sec. 30-5. Civil remedy. Whoever suffers loss by reason of
a violation of Section 10-140, 15-210, 15-215, or 15-220 of
this Act or Section 17-3 of the Criminal Code of 1961 or the
Criminal Code of 2012 may, in a civil action against the
violator, obtain appropriate relief. In a civil action under
this Section, the court may award to the prevailing party
reasonable attorneys fees and other litigation expenses.
(Source: P.A. 90-759, eff. 7-1-99.)
 
    Section 15. The Elected Officials Misconduct Forfeiture
Act is amended by changing Sections 15, 20, and 25 as follows:
 
    (5 ILCS 282/15)
    Sec. 15. Forfeiture action. The Attorney General may file
an action in circuit court on behalf of the people of Illinois
against an elected official who has, by his or her violation of
Article 33 of the Criminal Code of 1961 or the Criminal Code of
2012 or violation of a similar federal offense, injured the
people of Illinois. The purpose of such suit is to recover all
proceeds traceable to the elected official's offense and by so
doing, prevent, restrain or remedy violations of Article 33 of
the Criminal Code of 1961 or the Criminal Code of 2012 or
similar federal offenses.
(Source: P.A. 96-597, eff. 8-18-09.)
 
    (5 ILCS 282/20)
    Sec. 20. Procedure.
    (a) The circuit court has jurisdiction to prevent,
restrain, and remedy violations of Article 33 of the Criminal
Code of 1961 or the Criminal Code of 2012 or violations of a
similar federal offense after a hearing or trial, as
appropriate, by issuing appropriate orders. Prior to a
determination of liability such orders may include, but are not
limited to, issuing seizure warrants, entering findings of
probable cause for in personam or in rem forfeiture, or taking
such other actions, in connection with any property or other
interest subject to forfeiture or other remedies or restraints
pursuant to this Section as the court deems proper.
    (b) If the Attorney General prevails in his or her action,
the court shall order the forfeiture of all proceeds traceable
to the elected official's violations of Article 33 of the
Criminal Code of 1961 or the Criminal Code of 2012 or similar
federal offenses. Proceeds seized and forfeited as a result of
the Attorney General's action will be deposited into the
General Revenue Fund or the corporate county fund, as
appropriate.
(Source: P.A. 96-597, eff. 8-18-09.)
 
    (5 ILCS 282/25)
    Sec. 25. Term of forfeiture. The maximum term of a civil
forfeiture under this Act shall be equal to the term of
imprisonment, probation and mandatory supervised release or
parole received by the elected official as a result of his or
her conviction for violating Article 33 of the Criminal Code of
1961 or the Criminal Code of 2012 or similar federal offenses.
(Source: P.A. 96-597, eff. 8-18-09.)
 
    Section 20. The Public Corruption Profit Forfeiture Act is
amended by changing Section 10 as follows:
 
    (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
    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
    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)
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
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
(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
    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's 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's 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
    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's 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 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 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 Department of State Police in the manner set forth in
this Section. All moneys deposited pursuant to this Act in the
Attorney General's 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
appropriation, be used by the Office of the State's Attorneys
Appellate Prosecutor in the manner set forth in this Section.
(Source: P.A. 96-1019, eff. 1-1-11; 97-657, eff. 1-13-12.)
 
    Section 25. The Illinois Notary Public Act is amended by
changing Section 7-104 as follows:
 
    (5 ILCS 312/7-104)  (from Ch. 102, par. 207-104)
    Sec. 7-104. Official Misconduct Defined. The term
"official misconduct" generally means the wrongful exercise of
a power or the wrongful performance of a duty and is fully
defined in Section 33-3 of the Criminal Code of 2012 1961. The
term "wrongful" as used in the definition of official
misconduct means unauthorized, unlawful, abusive, negligent,
reckless, or injurious.
(Source: P.A. 85-293.)
 
    Section 30. The Election Code is amended by changing
Sections 9-25.2, 11-4.1, 19A-10.5, and 29-13 as follows:
 
    (10 ILCS 5/9-25.2)
    Sec. 9-25.2. Contributions; candidate or treasurer of
political committee.
    (a) No candidate may knowingly receive any contribution
solicited or received in violation of Section 33-3.1 or Section
33-3.2 of the Criminal Code of 2012 1961.
    (b) The receipt of political contributions in violation of
this Section shall constitute a Class A misdemeanor.
    The appropriate State's Attorney or the Attorney General
shall bring actions in the name of the people of the State of
Illinois.
(Source: P.A. 92-853, eff. 8-28-02.)
 
    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)
    Sec. 11-4.1. (a) In appointing polling places under this
Article, the county board or board of election commissioners
shall, insofar as they are convenient and available, use
schools and other public buildings as polling places.
    (b) Upon request of the county board or board of election
commissioners, the proper agency of government (including
school districts and units of local government) shall make a
public building under its control available for use as a
polling place on an election day and for a reasonably necessary
time before and after election day, without charge. If the
county board or board of election commissioners chooses a
school to be a polling place, then the school district must
make the school available for use as a polling place. However,
for the day of the election, a school district may choose to
(i) keep the school open or (ii) hold a teachers institute on
that day.
    (c) A government agency which makes a public building under
its control available for use as a polling place shall ensure
the portion of the building to be used as the polling place is
accessible to handicapped and elderly voters.
    (d) If a qualified elector's precinct polling place is a
school and the elector will be unable to enter that polling
place without violating Section 11-9.3 of the Criminal Code of
2012 1961 because the elector is a child sex offender as
defined in Section 11-9.3 of the Criminal Code of 2012 1961,
that elector may vote by absentee ballot in accordance with
Article 19 of this Code or may vote early in accordance with
Article 19A of this Code.
(Source: P.A. 95-440, eff. 8-27-07.)
 
    (10 ILCS 5/19A-10.5)
    Sec. 19A-10.5. Child sex offenders. If an election
authority designates one or more permanent early voting polling
places under this Article, the election authority must
designate at least one permanent early voting polling place
that a qualified elector who is a child sex offender as defined
in Section 11-9.3 or Section 11-9.4 of the Criminal Code of
2012 1961 may enter without violating Section 11-9.3 or Section
11-9.4 of that Code, respectively.
    If an election authority designates one or more temporary
early voting polling places under this Article, the election
authority must designate at least one temporary early voting
polling place that a qualified elector who is a child sex
offender as defined in Section 11-9.3 or Section 11-9.4 of the
Criminal Code of 2012 1961 may enter without violating Section
11-9.3 or Section 11-9.4 of that Code, respectively.
(Source: P.A. 95-440, eff. 8-27-07.)
 
    (10 ILCS 5/29-13)  (from Ch. 46, par. 29-13)
    Sec. 29-13. Attempt, solicitation and conspiracy. Each
violation of this Code shall be an offense within the meaning
of Section 2-12 of the Illinois Criminal Code of 2012 1961, as
amended, so that the inchoate offenses of solicitation,
conspiracy and attempt, and the punishment therefor, as
provided in such Criminal Code shall apply to solicitation,
conspiracy and attempt to violate the provisions of this Code.
(Source: P.A. 78-887.)
 
    Section 35. 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,
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
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 Department of State Police. The
investigation shall consist of a criminal history records check
performed by the 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 Department
of State Police and Federal Bureau of Investigation criminal
history records databases. If the Department of State Police
and the Federal Bureau of Investigation conduct an
investigation directly for the Secretary of State's Office,
then the 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 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 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
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. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
 
    Section 40. The Comptroller Merit Employment Code is
amended by changing Section 10b.1 as follows:
 
    (15 ILCS 410/10b.1)  (from Ch. 15, par. 426)
    Sec. 10b.1. Competitive examinations. 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
Comptroller 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, 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 entails financial
responsibilities, 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 or her 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
Human Resources 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 comprehensiveness to examinations conducted
by the Department of Human Resources for similar positions.
Special linguistic options may also be established where deemed
appropriate.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    Section 45. The Alcoholism and Other Drug Abuse and
Dependency Act is amended by changing Section 40-5 as follows:
 
    (20 ILCS 301/40-5)
    Sec. 40-5. Election of treatment. An addict or alcoholic
who is charged with or convicted of a crime or any other person
charged with or convicted of a misdemeanor violation of the Use
of Intoxicating Compounds Act and who has not been previously
convicted of a violation of that Act may elect treatment under
the supervision of a licensed program designated by the
Department, referred to in this Article as "designated
program", unless:
        (1) the crime is a crime of violence;
        (2) the crime is a violation of Section 401(a), 401(b),
    401(c) where the person electing treatment has been
    previously convicted of a non-probationable felony or the
    violation is non-probationable, 401(d) where the violation
    is non-probationable, 401.1, 402(a), 405 or 407 of the
    Illinois Controlled Substances Act, or Section 4(d), 4(e),
    4(f), 4(g), 5(d), 5(e), 5(f), 5(g), 5.1, 7 or 9 of the
    Cannabis Control Act or Section 15, 20, 55, 60(b)(3),
    60(b)(4), 60(b)(5), 60(b)(6), or 65 of the Methamphetamine
    Control and Community Protection Act or is otherwise
    ineligible for probation under Section 70 of the
    Methamphetamine Control and Community Protection Act;
        (3) the person has a record of 2 or more convictions of
    a crime of violence;
        (4) other criminal proceedings alleging commission of
    a felony are pending against the person;
        (5) the person is on probation or parole and the
    appropriate parole or probation authority does not consent
    to that election;
        (6) the person elected and was admitted to a designated
    program on 2 prior occasions within any consecutive 2-year
    period;
        (7) the person has been convicted of residential
    burglary and has a record of one or more felony
    convictions;
        (8) the crime is a violation of Section 11-501 of the
    Illinois Vehicle Code or a similar provision of a local
    ordinance; or
        (9) the crime is a reckless homicide or a reckless
    homicide of an unborn child, as defined in Section 9-3 or
    9-3.2 of the Criminal Code of 1961 or the Criminal Code of
    2012, in which the cause of death consists of the driving
    of a motor vehicle by a person under the influence of
    alcohol or any other drug or drugs at the time of the
    violation.
(Source: P.A. 96-1440, eff. 1-1-11; 97-889, eff. 1-1-13.)
 
    Section 50. The Personnel Code is amended by changing
Section 8b.1 as follows:
 
    (20 ILCS 415/8b.1)  (from Ch. 127, par. 63b108b.1)
    Sec. 8b.1. 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 or promotion within the service,
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; investigation of
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 fitness; 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, 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. The
eligibility conditions specified for the position of Assistant
Director of Healthcare and Family Services in the Department of
Healthcare and Family Services in Section 5-230 of the
Departments of State Government Law (20 ILCS 5/5-230) shall be
applied to that position in addition to other standards, tests
or criteria established by the Director. All examinations shall
be announced publicly at least 2 weeks in advance of the date
of the examinations and may be advertised through the press,
radio and other media. The Director may, however, in his
discretion, continue to receive applications and examine
candidates long enough to assure a sufficient number of
eligibles to meet the needs of the service and may add the
names of successful candidates to existing eligible lists in
accordance with their respective ratings.
    The Director may, in 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 Central
Management Services 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 comprehensiveness to examinations conducted
by the Department of Central Management Services for similar
positions. Special linguistic options may also be established
where deemed appropriate.
(Source: P.A. 95-331, eff. 8-21-07; 96-1551, eff. 7-1-11.)
 
    Section 55. The Children and Family Services Act is amended
by changing Sections 5, 7, and 9.3 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, prior to the age of 18 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
        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
        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
        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) Nothing in this Section shall be construed to authorize
the expenditure of public funds for the purpose of performing
abortions.
    (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
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
    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 alcohol and drug abuse screening techniques
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 to an alcohol and drug abuse treatment program for
professional evaluation.
    (h) If the Department finds that there is no appropriate
program or facility within or available to the Department for a
ward and that no licensed private facility has an adequate and
appropriate program or none agrees to accept the ward, the
Department shall create an appropriate individualized,
program-oriented plan for such ward. 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;
        (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 physically or mentally
handicapped, older and other hard-to-place children who (i)
immediately prior to their adoption were legal wards of the
Department 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
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 wards of the Department 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
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.
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
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
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. 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 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.
    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
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
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
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
    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
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
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 ward who was placed under 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
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, 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
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. Children
who are wards of the Department and are placed by private child
welfare agencies, and foster families with whom those children
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
insure that any private child welfare agency, which accepts
wards of the Department for placement, affords those rights to
children and foster families. The Department shall accept for
administrative review and an appeal 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.
    (p) There is hereby created the Department of Children and
Family Services Emergency Assistance Fund from which the
Department may provide special financial assistance to
families which are in economic crisis when such assistance is
not available through other public or private sources and the
assistance is deemed necessary to prevent dissolution of the
family unit or to reunite families which have been separated
due to child abuse and neglect. The Department shall establish
administrative rules specifying the criteria for determining
eligibility for and the amount and nature of assistance to be
provided. The Department may also enter into written agreements
with private and public social service agencies to provide
emergency financial services to families referred by the
Department. Special financial assistance payments shall be
available to a family no more than once during each fiscal year
and the total payments to a family may not exceed $500 during a
fiscal year.
    (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
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
    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 or handicapped child 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
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, child care institution, or in a relative home, the
Department shall provide to the prospective adoptive parent or
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
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
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 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
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 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
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
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
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 ward 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.
    (y) Beginning on the effective date of this amendatory Act
of the 96th General Assembly, 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.
(Source: P.A. 95-10, eff. 6-30-07; 95-601, eff. 9-11-07;
95-642, eff. 6-1-08; 95-876, eff. 8-21-08; 96-134, eff. 8-7-09;
96-581, eff. 1-1-10; 96-600, eff. 8-21-09; 96-619, eff. 1-1-10;
96-760, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1189, eff.
7-22-10.)
 
    (20 ILCS 505/7)  (from Ch. 23, par. 5007)
    Sec. 7. Placement of children; considerations.
    (a) In placing any child under this Act, the Department
shall place the child, as far as possible, in the care and
custody of some individual holding the same religious belief as
the parents of the child, or with some child care facility
which is operated by persons of like religious faith as the
parents of such child.
    (a-5) In placing a child under this Act, the Department
shall place the child with the child's sibling or siblings
under Section 7.4 of this Act unless the placement is not in
each child's best interest, or is otherwise not possible under
the Department's rules. If the child is not placed with a
sibling under the Department's rules, the Department shall
consider placements that are likely to develop, preserve,
nurture, and support sibling relationships, where doing so is
in each child's best interest.
    (b) In placing a child under this Act, the Department may
place a child with a relative if the Department determines that
the relative will be able to adequately provide for the child's
safety and welfare based on the factors set forth in the
Department's rules governing relative placements, and that the
placement is consistent with the child's best interests, taking
into consideration the factors set out in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    When the Department first assumes custody of a child, in
placing that child under this Act, the Department shall make
reasonable efforts to identify and locate a relative who is
ready, willing, and able to care for the child. At a minimum,
these efforts shall be renewed each time the child requires a
placement change and it is appropriate for the child to be
cared for in a home environment. The Department must document
its efforts to identify and locate such a relative placement
and maintain the documentation in the child's case file.
    If the Department determines that a placement with any
identified relative is not in the child's best interests or
that the relative does not meet the requirements to be a
relative caregiver, as set forth in Department rules or by
statute, the Department must document the basis for that
decision and maintain the documentation in the child's case
file.
    If, pursuant to the Department's rules, any person files an
administrative appeal of the Department's decision not to place
a child with a relative, it is the Department's burden to prove
that the decision is consistent with the child's best
interests.
    When the Department determines that the child requires
placement in an environment, other than a home environment, the
Department shall continue to make reasonable efforts to
identify and locate relatives to serve as visitation resources
for the child and potential future placement resources, except
when the Department determines that those efforts would be
futile or inconsistent with the child's best interests.
    If the Department determines that efforts to identify and
locate relatives would be futile or inconsistent with the
child's best interests, the Department shall document the basis
of its determination and maintain the documentation in the
child's case file.
    If the Department determines that an individual or a group
of relatives are inappropriate to serve as visitation resources
or possible placement resources, the Department shall document
the basis of its determination and maintain the documentation
in the child's case file.
    When the Department determines that an individual or a
group of relatives are appropriate to serve as visitation
resources or possible future placement resources, the
Department shall document the basis of its determination,
maintain the documentation in the child's case file, create a
visitation or transition plan, or both, and incorporate the
visitation or transition plan, or both, into the child's case
plan. For the purpose of this subsection, any determination as
to the child's best interests shall include consideration of
the factors set out in subsection (4.05) of Section 1-3 of the
Juvenile Court Act of 1987.
    The Department may not place a child with a relative, with
the exception of certain circumstances which may be waived as
defined by the Department in rules, if the results of a check
of the Law Enforcement Agencies Data System (LEADS) identifies
a prior criminal conviction of the relative or any adult member
of the relative's household for any of the following offenses
under the Criminal Code of 1961 or the Criminal Code of 2012:
        (1) murder;
        (1.1) solicitation of murder;
        (1.2) solicitation of murder for hire;
        (1.3) intentional homicide of an unborn child;
        (1.4) voluntary manslaughter of an unborn child;
        (1.5) involuntary manslaughter;
        (1.6) reckless homicide;
        (1.7) concealment of a homicidal death;
        (1.8) involuntary manslaughter of an unborn child;
        (1.9) reckless homicide of an unborn child;
        (1.10) drug-induced homicide;
        (2) a sex offense under Article 11, except offenses
    described in Sections 11-7, 11-8, 11-12, 11-13, 11-35,
    11-40, and 11-45;
        (3) kidnapping;
        (3.1) aggravated unlawful restraint;
        (3.2) forcible detention;
        (3.3) aiding and abetting child abduction;
        (4) aggravated kidnapping;
        (5) child abduction;
        (6) aggravated battery of a child as described in
    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05;
        (7) criminal sexual assault;
        (8) aggravated criminal sexual assault;
        (8.1) predatory criminal sexual assault of a child;
        (9) criminal sexual abuse;
        (10) aggravated sexual abuse;
        (11) heinous battery as described in Section 12-4.1 or
    subdivision (a)(2) of Section 12-3.05;
        (12) aggravated battery with a firearm as described in
    Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3), or
    (e)(4) of Section 12-3.05;
        (13) tampering with food, drugs, or cosmetics;
        (14) drug-induced infliction of great bodily harm as
    described in Section 12-4.7 or subdivision (g)(1) of
    Section 12-3.05;
        (15) aggravated stalking;
        (16) home invasion;
        (17) vehicular invasion;
        (18) criminal transmission of HIV;
        (19) criminal abuse or neglect of an elderly or
    disabled person as described in Section 12-21 or subsection
    (b) of Section 12-4.4a;
        (20) child abandonment;
        (21) endangering the life or health of a child;
        (22) ritual mutilation;
        (23) ritualized abuse of a child;
        (24) an offense in any other state the elements of
    which are similar and bear a substantial relationship to
    any of the foregoing offenses.
For the purpose of this subsection, "relative" shall include
any person, 21 years of age or over, other than the parent, who
(i) is currently related to the child in any of the following
ways by blood or adoption: grandparent, sibling,
great-grandparent, uncle, aunt, nephew, niece, first cousin,
second cousin, godparent, great-uncle, or great-aunt; or (ii)
is the spouse of such a relative; or (iii) is the child's
step-father, step-mother, or adult step-brother or
step-sister; "relative" also includes a person related in any
of the foregoing ways to a sibling of a child, even though the
person is not related to the child, when the child and its
sibling are placed together with that person. For children who
have been in the guardianship of the Department, have been
adopted, and are subsequently returned to the temporary custody
or guardianship of the Department, a "relative" may also
include any person who would have qualified as a relative under
this paragraph prior to the adoption, but only if the
Department determines, and documents, that it would be in the
child's best interests to consider this person a relative,
based upon the factors for determining best interests set forth
in subsection (4.05) of Section 1-3 of the Juvenile Court Act
of 1987. A relative with whom a child is placed pursuant to
this subsection may, but is not required to, apply for
licensure as a foster family home pursuant to the Child Care
Act of 1969; provided, however, that as of July 1, 1995, foster
care payments shall be made only to licensed foster family
homes pursuant to the terms of Section 5 of this Act.
    (c) In placing a child under this Act, the Department shall
ensure that the child's health, safety, and best interests are
met. In rejecting placement of a child with an identified
relative, the Department shall ensure that the child's health,
safety, and best interests are met. In evaluating the best
interests of the child, the Department shall take into
consideration the factors set forth in subsection (4.05) of
Section 1-3 of the Juvenile Court Act of 1987.
    The Department shall consider the individual needs of the
child and the capacity of the prospective foster or adoptive
parents to meet the needs of the child. When a child must be
placed outside his or her home and cannot be immediately
returned to his or her parents or guardian, a comprehensive,
individualized assessment shall be performed of that child at
which time the needs of the child shall be determined. Only if
race, color, or national origin is identified as a legitimate
factor in advancing the child's best interests shall it be
considered. Race, color, or national origin shall not be
routinely considered in making a placement decision. The
Department shall make special efforts for the diligent
recruitment of potential foster and adoptive families that
reflect the ethnic and racial diversity of the children for
whom foster and adoptive homes are needed. "Special efforts"
shall include contacting and working with community
organizations and religious organizations and may include
contracting with those organizations, utilizing local media
and other local resources, and conducting outreach activities.
    (c-1) At the time of placement, the Department shall
consider concurrent planning, as described in subsection (l-1)
of Section 5, 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.
    (d) The Department may accept gifts, grants, offers of
services, and other contributions to use in making special
recruitment efforts.
    (e) The Department in placing children in adoptive or
foster care homes may not, in any policy or practice relating
to the placement of children for adoption or foster care,
discriminate against any child or prospective adoptive or
foster parent on the basis of race.
(Source: P.A. 96-1551, Article 1, Section 900, eff. 7-1-11;
96-1551, Article 2, Section 920, eff. 7-1-11; 97-1076, eff.
8-24-12; 97-1109, eff. 1-1-13.)
 
    (20 ILCS 505/9.3)  (from Ch. 23, par. 5009.3)
    Sec. 9.3. Declarations by Parents and Guardians.
Information requested of parents and guardians shall be
submitted on forms or questionnaires prescribed by the
Department or units of local government as the case may be and
shall contain a written declaration to be signed by the parent
or guardian in substantially the following form:
    "I declare under penalties of perjury that I have examined
this form or questionnaire and all accompanying statements or
documents pertaining to my income, or any other matter having
bearing upon my status and ability to provide payment for care
and training of my child, and to the best of my knowledge and
belief the information supplied is true, correct, and
complete".
    A person who makes and subscribes a form or questionnaire
which contains, as herein above provided, a written declaration
that it is made under the penalties of perjury, knowing it to
be false, incorrect or incomplete, in respect to any material
statement or representative bearing upon his status as a parent
or guardian, or upon his income, resources, or other matter
concerning his ability to provide parental payment, shall be
subject to the penalties for perjury provided for in Section
32-2 of the "Criminal Code of 2012 1961", approved July 28,
1961, as amended.
    Parents who refuse to provide such information after three
written requests from the Department will be liable for the
full cost of care provided, from the commencement of such care
until the required information is received.
(Source: P.A. 83-1037.)
 
    Section 60. The Department of Natural Resources
(Conservation) Law of the Civil Administrative Code of Illinois
is amended by changing Section 805-540 as follows:
 
    (20 ILCS 805/805-540)  (was 20 ILCS 805/63b2.6)
    Sec. 805-540. Enforcement of adjoining state's laws. The
Director may grant authority to the officers of any adjoining
state who are authorized and directed to enforce the laws of
that state relating to the protection of flora and fauna to
take any of the following actions and have the following powers
within the State of Illinois:
        (1) To follow, seize, and return to the adjoining state
    any flora or fauna or part thereof shipped or taken from
    the adjoining state in violation of the laws of that state
    and brought into this State.
        (2) To dispose of any such flora or fauna or part
    thereof under the supervision of an Illinois Conservation
    Police Officer.
        (3) To enforce as an agent of this State, with the same
    powers as an Illinois Conservation Police Officer, each of
    the following laws of this State:
            (i) The Illinois Endangered Species Protection
        Act.
            (ii) The Fish and Aquatic Life Code.
            (iii) The Wildlife Code.
            (iv) The Wildlife Habitat Management Areas Act.
            (v) Section 48-3 of the Criminal Code of 2012 1961
        (hunter or fisherman interference).
            (vi) The Illinois Non-Game Wildlife Protection
        Act.
            (vii) The Ginseng Harvesting Act.
            (viii) The State Forest Act.
            (ix) The Forest Products Transportation Act.
            (x) The Timber Buyers Licensing Act.
    Any officer of an adjoining state acting under a power or
authority granted by the Director pursuant to this Section
shall act without compensation or other benefits from this
State and without this State having any liability for the acts
or omissions of that officer.
(Source: P.A. 96-397, eff. 1-1-10; 97-1108, eff. 1-1-13.)
 
    Section 65. The Department of Natural Resources (Mines and
Minerals) Law of the Civil Administrative Code of Illinois is
amended by changing Section 1905-110 as follows:
 
    (20 ILCS 1905/1905-110)  (was 20 ILCS 1905/45.1)
    Sec. 1905-110. Verified documents; penalty for fraud.
Applications and other documents filed for the purpose of
obtaining permits, certificates, or other licenses under Acts
administered by the Department shall be verified or contain
written affirmation that they are signed under the penalties of
perjury. A person who knowingly signs a fraudulent document
commits perjury as defined in Section 32-2 of the Criminal Code
of 2012 1961 and for the purpose of this Section shall be
guilty of a Class A misdemeanor.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    Section 70. The Department of Professional Regulation Law
of the Civil Administrative Code of Illinois is amended by
changing Section 2105-25 as follows:
 
    (20 ILCS 2105/2105-25)  (was 20 ILCS 2105/60.01)
    Sec. 2105-25. Perjury; penalty. Each document required to
be filed under any Act administered by the Department shall be
verified or contain a written affirmation that it is signed
under the penalties of perjury. An applicant or registrant who
knowingly signs a fraudulent document commits perjury as
defined in Section 32-2 of the Criminal Code of 2012 1961 and
for the purpose of this Section shall be guilty of a Class A
misdemeanor.
(Source: P.A. 91-239, eff. 1-1-00.)
 
    Section 75. The Department of Revenue Law of the Civil
Administrative Code of Illinois is amended by changing Section
2505-400 as follows:
 
    (20 ILCS 2505/2505-400)  (was 20 ILCS 2505/39b49)
    Sec. 2505-400. Contracts for collection assistance.
    (a) The Department has the power to contract for collection
assistance on a contingent fee basis, with collection fees to
be retained by the collection agency and the net collections to
be paid to the Department. In the case of any liability
referred to a collection agency on or after July 1, 2003, any
fee charged to the State by the collection agency shall be
considered additional State tax of the taxpayer imposed under
the Act under which the tax being collected was imposed, shall
be deemed assessed at the time payment of the tax is made to
the collection agency, and shall be separately stated in any
statement or notice of the liability issued by the collection
agency to the taxpayer.
    (b) The Department has the power to enter into written
agreements with State's Attorneys for pursuit of civil
liability under subsection (E) of Section 17-1 of the Criminal
Code of 2012 1961 against persons who have issued to the
Department checks or other orders in violation of the
provisions of paragraph (1) of subsection (B) of Section 17-1
of the Criminal Code of 2012 1961. Of the amount collected, the
Department shall retain the amount owing upon the dishonored
check or order along with the dishonored check fee imposed
under the Uniform Penalty and Interest Act. The balance of
damages, fees, and costs collected under subsection (E) of
Section 17-1 of the Criminal Code of 2012 1961 or under Section
17-1a of that Code shall be retained by the State's Attorney.
The agreement shall not affect the allocation of fines and
costs imposed in any criminal prosecution.
    (c) The Department may issue the Secretary of the Treasury
of the United States (or his or her delegate) notice, as
required by Section 6402(e) of the Internal Revenue Code, of
any past due, legally enforceable State income tax obligation
of a taxpayer. The Department must notify the taxpayer that any
fee charged to the State by the Secretary of the Treasury of
the United States (or his or her delegate) under Internal
Revenue Code Section 6402(e) is considered additional State
income tax of the taxpayer with respect to whom the Department
issued the notice, and is deemed assessed upon issuance by the
Department of notice to the Secretary of the Treasury of the
United States (or his or her delegate) under Section 6402(e) of
the Internal Revenue Code; a notice of additional State income
tax is not considered a notice of deficiency, and the taxpayer
has no right of protest.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    Section 80. The Department of State Police Law of the Civil
Administrative Code of Illinois is amended by changing Sections
2605-390 and 2605-585 as follows:
 
    (20 ILCS 2605/2605-390)  (was 20 ILCS 2605/55a in part)
    Sec. 2605-390. Hate crimes.
    (a) To collect and disseminate information relating to
"hate crimes" as defined under Section 12-7.1 of the Criminal
Code of 2012 1961 contingent upon the availability of State or
federal funds to revise and upgrade the Illinois Uniform Crime
Reporting System. All law enforcement agencies shall report
monthly to the Department concerning those offenses in the form
and in the manner prescribed by rules and regulations adopted
by the Department. The information shall be compiled by the
Department and be disseminated upon request to any local law
enforcement agency, unit of local government, or State agency.
Dissemination of the information shall be subject to all
confidentiality requirements otherwise imposed by law.
    (b) The Department shall provide training for State Police
officers in identifying, responding to, and reporting all hate
crimes. The Illinois Law Enforcement Training Standards Board
shall develop and certify a course of such training to be made
available to local law enforcement officers.
(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 2605/2605-585)
    Sec. 2605-585. Money Laundering Asset Recovery Fund.
Moneys and the sale proceeds distributed to the Department of
State Police pursuant to clause (h)(6)(C) of Section 29B-1 of
the Criminal Code of 1961 or 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 Department of State
Police for State law enforcement purposes.
(Source: P.A. 96-1234, eff. 7-23-10.)
 
    Section 85. The Criminal Identification Act is amended by
changing Sections 2.1, 2.2, and 5.2 as follows:
 
    (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 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 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 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 Department of State Police
shall be responsible for furnishing daily to the Department
fingerprints, charges and descriptions of all persons who are
arrested for such offenses. All such agencies shall also notify
the Department of all decisions by the arresting agency not to
refer such arrests for prosecution. With approval of the
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
Department upon its behalf.
    (b) Charge Information. The State's Attorney of each county
shall notify the Department of all charges filed and all
petitions filed alleging that a minor is delinquent, including
all those added subsequent to the filing of a case, and whether
charges were not filed in cases for which the Department has
received information required to be reported pursuant to
paragraph (a) of this Section. With approval of the 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 Department upon the State's
Attorney's behalf.
    (c) Disposition Information. The clerk of the circuit court
of each county shall furnish the Department, in the form and
manner required by the Supreme Court, with all final
dispositions of cases for which the 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, 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)
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 Alcoholism and Other Drug Abuse and Dependency
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, 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 Alcoholism and Other Drug Abuse and Dependency 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 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 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 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 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
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 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 Department.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    (20 ILCS 2630/2.2)
    Sec. 2.2. Notification to the 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 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
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 Department of State Police.
(Source: P.A. 97-1131, eff. 1-1-13; revised 10-10-12.)
 
    (20 ILCS 2630/5.2)
    Sec. 5.2. Expungement and 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
        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
        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.
            (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 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 Alcoholism
        and Other Drug Abuse and Dependency Act, or Section 10
        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 Alcoholism and Other Drug Abuse
        and Dependency 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
        Section.
        (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.
        (3) Exclusions. Except as otherwise provided in
    subsections (b)(5), (b)(6), (e), and (e-5) 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
        without charging.
            (C) the sealing of the records of arrests or
        charges not initiated by arrest which result in an
        order of supervision, an order of qualified probation
        (as defined in subsection (a)(1)(J)), 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 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) offenses defined as "crimes of violence"
            in Section 2 of the Crime Victims Compensation Act
            or a similar provision of a local ordinance;
                (iv) offenses which are Class A misdemeanors
            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.
            (D) the sealing of the records of an arrest which
        results in the petitioner being charged with a felony
        offense or records of a charge not initiated by arrest
        for a felony offense unless:
                (i) the charge is amended to a misdemeanor and
            is otherwise eligible to be sealed pursuant to
            subsection (c);
                (ii) the charge is brought along with another
            charge as a part of one case and the charge results
            in acquittal, dismissal, or conviction when the
            conviction was reversed or vacated, and another
            charge brought in the same case results in a
            disposition for a misdemeanor offense that is
            eligible to be sealed pursuant to subsection (c) or
            a disposition listed in paragraph (i), (iii), or
            (iv) of this subsection;
                (iii) the charge results in first offender
            probation as set forth in subsection (c)(2)(E);
                (iv) the charge is for a Class 4 felony offense
            listed in subsection (c)(2)(F) or the charge is
            amended to a Class 4 felony offense listed in
            subsection (c)(2)(F). Records of arrests which
            result in the petitioner being charged with a Class
            4 felony offense listed in subsection (c)(2)(F),
            records of charges not initiated by arrest for
            Class 4 felony offenses listed in subsection
            (c)(2)(F), and records of charges amended to a
            Class 4 felony offense listed in (c)(2)(F) may be
            sealed, regardless of the disposition, subject to
            any waiting periods set forth in subsection
            (c)(3);
                (v) the charge results in acquittal,
            dismissal, or the petitioner's release without
            conviction; or
                (vi) the charge results in a conviction, but
            the conviction was reversed or vacated.
    (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:
            (A) He or she has never been convicted of a
        criminal offense; and
            (B) 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.
        (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
        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
            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 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
    all official records of the arresting authority, the
    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 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
    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 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 shall enter an
    expungement order as provided in subsection (b) of Section
    5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the
    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 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 Criminal Code of 2012,
    Section 10-102 of the Illinois Alcoholism and Other Drug
    Dependency Act, Section 40-10 of the Alcoholism and Other
    Drug Abuse and Dependency Act, or Section 10 of the Steroid
    Control Act.
    (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.
        (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);
            (C) Arrests or charges not initiated by arrest
        resulting in orders of supervision successfully
        completed by the petitioner, unless excluded by
        subsection (a)(3);
            (D) Arrests or charges not initiated by arrest
        resulting in convictions 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 Class 4 felony convictions for the
        following offenses:
                (i) Section 11-14 of the Criminal Code of 1961
            or the Criminal Code of 2012;
                (ii) Section 4 of the Cannabis Control Act;
                (iii) Section 402 of the Illinois Controlled
            Substances Act;
                (iv) the Methamphetamine Precursor Control
            Act; and
                (v) the Steroid Control Act.
        (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.
            (B) Records identified as eligible under
        subsection (c)(2)(C) may be sealed (i) 3 years after
        the termination of petitioner's last sentence (as
        defined in subsection (a)(1)(F)) if the petitioner has
        never been convicted of a criminal offense (as defined
        in subsection (a)(1)(D)); or (ii) 4 years after the
        termination of the petitioner's last sentence (as
        defined in subsection (a)(1)(F)) if the petitioner has
        ever been convicted of a criminal offense (as defined
        in subsection (a)(1)(D)).
            (C) Records identified as eligible under
        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be
        sealed 4 years after the termination of the
        petitioner's last sentence (as defined in subsection
        (a)(1)(F)).
            (D) Records identified in subsection
        (a)(3)(A)(iii) may be sealed after the petitioner has
        reached the age of 25 years.
        (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) and (e), and sealing under
subsections (c) and (e-5):
        (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, if not waived.
        (2) Contents of petition. The petition shall be
    verified and shall contain the petitioner's name, date of
    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 seal felony records pursuant to clause
    (c)(2)(E), (c)(2)(F)(ii)-(v), or (e-5) or if he or she is
    petitioning to expunge felony records of a qualified
    probation pursuant to clause (b)(1)(B)(iv).
        (4) Service of petition. The circuit court clerk shall
    promptly serve a copy of the petition on the State's
    Attorney or prosecutor charged with the duty of prosecuting
    the offense, the 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.
            (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
        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
        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.
        (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, and 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.
        (8) Service of order. After entering an order to
    expunge or seal records, the court must provide copies of
    the order to the Department, in a form and manner
    prescribed by the 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) Effect 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 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;
            and
                (iii) in response to an inquiry for expunged
            records, the court, the 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
            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
            pursuant to paragraph (12) of subsection (d) of
            this Section;
                (iv) records impounded by the Department may
            be disseminated by the 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 Department, or the agency
            receiving such 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 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 Department, or the agency
        receiving such inquiry shall reply as it does in
        response to inquiries when no records ever existed.
        (10) Fees. The Department may 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 Department of State Police portion
    of the fee to the Department and it shall be deposited in
    the State Police Services Fund.
        (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. The
    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.
    (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 Department 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 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
Department may be disseminated by the 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 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
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 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
Department may be disseminated by the 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 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.
    (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.
(Source: P.A. 96-409, eff. 1-1-10; 96-1401, eff. 7-29-10;
96-1532, eff. 1-1-12; 96-1551, Article 1, Section 905, eff.
7-1-11; 96-1551, Article 2, Section 925, eff. 7-1-11; 97-443,
eff. 8-19-11; 97-698, eff, 1-1-13; 97-1026, eff. 1-1-13;
97-1108, eff. 1-1-13; 97-1109, 1-1-13; 97-1118, eff. 1-1-13;
97-1120, eff. 1-1-13; revised 9-20-12.)
 
    Section 90. The Illinois Uniform Conviction Information
Act is amended by changing Section 3 as follows:
 
    (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, or the
collection, maintenance or dissemination of criminal history
record information.
    (C) "The Authority" means the Illinois Criminal Justice
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 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
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 Alcoholism and Other Drug
Abuse and Dependency 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 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 individual
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
by the Department as a criminal justice agency for purposes of
this Act.
    (I) "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 Department, in
the form and manner required, the necessary data elements or
fingerprints, or both, to allow the 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 Department of State Police regarding a particular
individual.
    (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.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    Section 95. The Sex Offender Management Board Act is
amended by changing Section 10 as follows:
 
    (20 ILCS 4026/10)
    Sec. 10. Definitions. In this Act, unless the context
otherwise requires:
    (a) "Board" means the Sex Offender Management Board created
in Section 15.
    (b) "Sex offender" means any person who is convicted or
found delinquent in the State of Illinois, or under any
substantially similar federal law or law of another state, of
any sex offense or attempt of a sex offense as defined in
subsection (c) of this Section, or any former statute of this
State that defined a felony sex offense, or who has been
declared as a sexually dangerous person under the Sexually
Dangerous Persons Act or declared a sexually violent person
under the Sexually Violent Persons Commitment Act, or any
substantially similar federal law or law of another state.
    (c) "Sex offense" means any felony or misdemeanor offense
described in this subsection (c) as follows:
        (1) Indecent solicitation of a child, in violation of
    Section 11-6 of the Criminal Code of 1961 or the Criminal
    Code of 2012;
        (2) Indecent solicitation of an adult, in violation of
    Section 11-6.5 of the Criminal Code of 1961 or the Criminal
    Code of 2012;
        (3) Public indecency, in violation of Section 11-9 or
    11-30 of the Criminal Code of 1961 or the Criminal Code of
    2012;
        (4) Sexual exploitation of a child, in violation of
    Section 11-9.1 of the Criminal Code of 1961 or the Criminal
    Code of 2012;
        (5) Sexual relations within families, in violation of
    Section 11-11 of the Criminal Code of 1961 or the Criminal
    Code of 2012;
        (6) Promoting juvenile prostitution or soliciting for
    a juvenile prostitute, in violation of Section 11-14.4 or
    11-15.1 of the Criminal Code of 1961 or the Criminal Code
    of 2012;
        (7) Promoting juvenile prostitution or keeping a place
    of juvenile prostitution, in violation of Section 11-14.4
    or 11-17.1 of the Criminal Code of 1961 or the Criminal
    Code of 2012;
        (8) Patronizing a juvenile prostitute, in violation of
    Section 11-18.1 of the Criminal Code of 1961 or the
    Criminal Code of 2012;
        (9) Promoting juvenile prostitution or juvenile
    pimping, in violation of Section 11-14.4 or 11-19.1 of the
    Criminal Code of 1961 or the Criminal Code of 2012;
        (10) promoting juvenile prostitution or exploitation
    of a child, in violation of Section 11-14.4 or 11-19.2 of
    the Criminal Code of 1961 or the Criminal Code of 2012;
        (11) Child pornography, in violation of Section
    11-20.1 of the Criminal Code of 1961 or the Criminal Code
    of 2012;
        (11.5) Aggravated child pornography, in violation of
    Section 11-20.1B or 11-20.3 of the Criminal Code of 1961;
        (12) Harmful material, in violation of Section 11-21 of
    the Criminal Code of 1961 or the Criminal Code of 2012;
        (13) Criminal sexual assault, in violation of Section
    11-1.20 or 12-13 of the Criminal Code of 1961 or the
    Criminal Code of 2012;
        (13.5) Grooming, in violation of Section 11-25 of the
    Criminal Code of 1961 or the Criminal Code of 2012;
        (14) Aggravated criminal sexual assault, in violation
    of Section 11-1.30 or 12-14 of the Criminal Code of 1961 or
    the Criminal Code of 2012;
        (14.5) Traveling to meet a minor, in violation of
    Section 11-26 of the Criminal Code of 1961 or the Criminal
    Code of 2012;
        (15) Predatory criminal sexual assault of a child, in
    violation of Section 11-1.40 or 12-14.1 of the Criminal
    Code of 1961 or the Criminal Code of 2012;
        (16) Criminal sexual abuse, in violation of Section
    11-1.50 or 12-15 of the Criminal Code of 1961 or the
    Criminal Code of 2012;
        (17) Aggravated criminal sexual abuse, in violation of
    Section 11-1.60 or 12-16 of the Criminal Code of 1961 or
    the Criminal Code of 2012;
        (18) Ritualized abuse of a child, in violation of
    Section 12-33 of the Criminal Code of 1961 or the Criminal
    Code of 2012;
        (19) An attempt to commit any of the offenses
    enumerated in this subsection (c); or
        (20) Any felony offense under Illinois law that is
    sexually motivated.
    (d) "Management" means treatment, and supervision of any
sex offender that conforms to the standards created by the
Board under Section 15.
    (e) "Sexually motivated" means one or more of the facts of
the underlying offense indicates conduct that is of a sexual
nature or that shows an intent to engage in behavior of a
sexual nature.
    (f) "Sex offender evaluator" means a person licensed under
the Sex Offender Evaluation and Treatment Provider Act to
conduct sex offender evaluations.
    (g) "Sex offender treatment provider" means a person
licensed under the Sex Offender Evaluation and Treatment
Provider Act to provide sex offender treatment services.
    (h) "Associate sex offender provider" means a person
licensed under the Sex Offender Evaluation and Treatment
Provider Act to provide sex offender evaluations and to provide
sex offender treatment under the supervision of a licensed sex
offender evaluator or a licensed sex offender treatment
provider.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1098, eff. 1-1-13.)
 
    Section 110. The Illinois Procurement Code is amended by
changing Sections 45-57, 50-5, and 50-70 as follows:
 
    (30 ILCS 500/45-57)
    Sec. 45-57. Veterans.
    (a) Set-aside goal. It is the goal of the State to promote
and encourage the continued economic development of small
businesses owned and controlled by qualified veterans and that
qualified service-disabled veteran-owned small businesses
(referred to as SDVOSB) and veteran-owned small businesses
(referred to as VOSB) participate in the State's procurement
process as both prime contractors and subcontractors. Not less
than 3% of the total dollar amount of State contracts, as
defined by the Director of Central Management Services, shall
be established as a goal to be awarded to SDVOSB and VOSB. That
portion of a contract under which the contractor subcontracts
with a SDVOSB or VOSB may be counted toward the goal of this
subsection. The Department of Central Management Services
shall adopt rules to implement compliance with this subsection
by all State agencies.
    (b) Fiscal year reports. By each September 1, each chief
procurement officer shall report to the Department of Central
Management Services on all of the following for the immediately
preceding fiscal year, and by each March 1 the Department of
Central Management Services shall compile and report that
information to the General Assembly:
        (1) The total number of VOSB, and the number of SDVOSB,
    who submitted bids for contracts under this Code.
        (2) The total number of VOSB, and the number of SDVOSB,
    who entered into contracts with the State under this Code
    and the total value of those contracts.
    (c) Yearly review and recommendations. Each year, each
chief procurement officer shall review the progress of all
State agencies under its jurisdiction in meeting the goal
described in subsection (a), with input from statewide
veterans' service organizations and from the business
community, including businesses owned by qualified veterans,
and shall make recommendations to be included in the Department
of Central Management Services' report to the General Assembly
regarding continuation, increases, or decreases of the
percentage goal. The recommendations shall be based upon the
number of businesses that are owned by qualified veterans and
on the continued need to encourage and promote businesses owned
by qualified veterans.
    (d) Governor's recommendations. To assist the State in
reaching the goal described in subsection (a), the Governor
shall recommend to the General Assembly changes in programs to
assist businesses owned by qualified veterans.
    (e) Definitions. As used in this Section:
    "Armed forces of the United States" means the United States
Army, Navy, Air Force, Marine Corps, Coast Guard, or service in
active duty as defined under 38 U.S.C. Section 101. Service in
the Merchant Marine that constitutes active duty under Section
401 of federal Public Act 95-202 shall also be considered
service in the armed forces for purposes of this Section.
    "Certification" means a determination made by the Illinois
Department of Veterans' Affairs and the Department of Central
Management Services that a business entity is a qualified
service-disabled veteran-owned small business or a qualified
veteran-owned small business for whatever purpose. A SDVOSB or
VOSB owned and controlled by females, minorities, or persons
with disabilities, as those terms are defined in Section 2 of
the Business Enterprise for Minorities, Females, and Persons
with Disabilities Act, shall select and designate whether that
business is to be certified as a "female-owned business",
"minority-owned business", or "business owned by a person with
a disability", as defined in Section 2 of the Business
Enterprise for Minorities, Females, and Persons with
Disabilities Act, or as a qualified SDVOSB or qualified VOSB
under this Section.
    "Control" means the exclusive, ultimate, majority, or sole
control of the business, including but not limited to capital
investment and all other financial matters, property,
acquisitions, contract negotiations, legal matters,
officer-director-employee selection and comprehensive hiring,
operation responsibilities, cost-control matters, income and
dividend matters, financial transactions, and rights of other
shareholders or joint partners. Control shall be real,
substantial, and continuing, not pro forma. Control shall
include the power to direct or cause the direction of the
management and policies of the business and to make the
day-to-day as well as major decisions in matters of policy,
management, and operations. Control shall be exemplified by
possessing the requisite knowledge and expertise to run the
particular business, and control shall not include simple
majority or absentee ownership.
    "Qualified service-disabled veteran" means a veteran who
has been found to have 10% or more service-connected disability
by the United States Department of Veterans Affairs or the
United States Department of Defense.
    "Qualified service-disabled veteran-owned small business"
or "SDVOSB" means a small business (i) that is at least 51%
owned by one or more qualified service-disabled veterans living
in Illinois or, in the case of a corporation, at least 51% of
the stock of which is owned by one or more qualified
service-disabled veterans living in Illinois; (ii) that has its
home office in Illinois; and (iii) for which items (i) and (ii)
are factually verified annually by the Department of Central
Management Services.
    "Qualified veteran-owned small business" or "VOSB" means a
small business (i) that is at least 51% owned by one or more
qualified veterans living in Illinois or, in the case of a
corporation, at least 51% of the stock of which is owned by one
or more qualified veterans living in Illinois; (ii) that has
its home office in Illinois; and (iii) for which items (i) and
(ii) are factually verified annually by the Department of
Central Management Services.
    "Service-connected disability" means a disability incurred
in the line of duty in the active military, naval, or air
service as described in 38 U.S.C. 101(16).
    "Small business" means a business that has annual gross
sales of less than $75,000,000 as evidenced by the federal
income tax return of the business. A firm with gross sales in
excess of this cap may apply to the Department of Central
Management Services for certification for a particular
contract if the firm can demonstrate that the contract would
have significant impact on SDVOSB or VOSB as suppliers or
subcontractors or in employment of veterans or
service-disabled veterans.
    "State agency" has the same meaning as in Section 2 of the
Business Enterprise for Minorities, Females, and Persons with
Disabilities Act.
    "Time of hostilities with a foreign country" means any
period of time in the past, present, or future during which a
declaration of war by the United States Congress has been or is
in effect or during which an emergency condition has been or is
in effect that is recognized by the issuance of a Presidential
proclamation or a Presidential executive order and in which the
armed forces expeditionary medal or other campaign service
medals are awarded according to Presidential executive order.
    "Veteran" means a person who (i) has been a member of the
armed forces of the United States or, while a citizen of the
United States, was a member of the armed forces of allies of
the United States in time of hostilities with a foreign country
and (ii) has served under one or more of the following
conditions: (a) the veteran served a total of at least 6
months; (b) the veteran served for the duration of hostilities
regardless of the length of the engagement; (c) the veteran was
discharged on the basis of hardship; or (d) the veteran was
released from active duty because of a service connected
disability and was discharged under honorable conditions.
    (f) Certification program. The Illinois Department of
Veterans' Affairs and the Department of Central Management
Services shall work together to devise a certification
procedure to assure that businesses taking advantage of this
Section are legitimately classified as qualified
service-disabled veteran-owned small businesses or qualified
veteran-owned small businesses.
    (g) Penalties.
        (1) Administrative penalties. The Department of
    Central Management Services shall suspend any person who
    commits a violation of Section 17-10.3 or subsection (d) of
    Section 33E-6 of the Criminal Code of 1961 or the Criminal
    Code of 2012 relating to this Section from bidding on, or
    participating as a contractor, subcontractor, or supplier
    in, any State contract or project for a period of not less
    than 3 years, and, if the person is certified as a
    service-disabled veteran-owned small business or a
    veteran-owned small business, then the Department shall
    revoke the business's certification for a period of not
    less than 3 years. An additional or subsequent violation
    shall extend the periods of suspension and revocation for a
    period of not less than 5 years. The suspension and
    revocation shall apply to the principals of the business
    and any subsequent business formed or financed by, or
    affiliated with, those principals.
        (2) Reports of violations. Each State agency shall
    report any alleged violation of Section 17-10.3 or
    subsection (d) of Section 33E-6 of the Criminal Code of
    1961 or the Criminal Code of 2012 relating to this Section
    to the Department of Central Management Services. The
    Department of Central Management Services shall
    subsequently report all such alleged violations to the
    Attorney General, who shall determine whether to bring a
    civil action against any person for the violation.
        (3) List of suspended persons. The Department of
    Central Management Services shall monitor the status of all
    reported violations of Section 17-10.3 or subsection (d) of
    Section 33E-6 of the Criminal Code of 1961 or the Criminal
    Code of 2012 relating to this Section and shall maintain
    and make available to all State agencies a central listing
    of all persons that committed violations resulting in
    suspension.
        (4) Use of suspended persons. During the period of a
    person's suspension under paragraph (1) of this
    subsection, a State agency shall not enter into any
    contract with that person or with any contractor using the
    services of that person as a subcontractor.
        (5) Duty to check list. Each State agency shall check
    the central listing provided by the Department of Central
    Management Services under paragraph (3) of this subsection
    to verify that a person being awarded a contract by that
    State agency, or to be used as a subcontractor or supplier
    on a contract being awarded by that State agency, is not
    under suspension pursuant to paragraph (1) of this
    subsection.
(Source: P.A. 96-96, eff. 1-1-10; 97-260, eff. 8-5-11.)
 
    (30 ILCS 500/50-5)
    Sec. 50-5. Bribery.
    (a) Prohibition. No person or business shall be awarded a
contract or subcontract under this Code who:
        (1) has been convicted under the laws of Illinois or
    any other state of bribery or attempting to bribe an
    officer or employee of the State of Illinois or any other
    state in that officer's or employee's official capacity; or
        (2) has made an admission of guilt of that conduct that
    is a matter of record but has not been prosecuted for that
    conduct.
    (b) Businesses. No business shall be barred from
contracting with any unit of State or local government, or
subcontracting under such a contract, as a result of a
conviction under this Section of any employee or agent of the
business if the employee or agent is no longer employed by the
business and:
        (1) the business has been finally adjudicated not
    guilty; or
        (2) the business demonstrates to the governmental
    entity with which it seeks to contract or which is a
    signatory to the contract to which the subcontract relates,
    and that entity finds that the commission of the offense
    was not authorized, requested, commanded, or performed by a
    director, officer, or high managerial agent on behalf of
    the business as provided in paragraph (2) of subsection (a)
    of Section 5-4 of the Criminal Code of 2012 1961.
    (c) Conduct on behalf of business. For purposes of this
Section, when an official, agent, or employee of a business
committed the bribery or attempted bribery on behalf of the
business and in accordance with the direction or authorization
of a responsible official of the business, the business shall
be chargeable with the conduct.
    (d) Certification. Every bid submitted to and contract
executed by the State and every subcontract subject to Section
20-120 of this Code shall contain a certification by the
contractor or the subcontractor, respectively, that the
contractor or subcontractor is not barred from being awarded a
contract or subcontract under this Section and acknowledges
that the chief procurement officer may declare the related
contract void if any certifications required by this Section
are false. If the false certification is made by a
subcontractor, then the contractor's submitted bid and the
executed contract may not be declared void, unless the
contractor refuses to terminate the subcontract upon the
State's request after a finding that the subcontract's
certification was false. A contractor or subcontractor who
makes a false statement, material to the certification, commits
a Class 3 felony.
(Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795); 97-895,
eff. 8-3-12.)
 
    (30 ILCS 500/50-70)
    Sec. 50-70. Additional provisions. This Code is subject to
applicable provisions of the following Acts:
        (1) Article 33E of the Criminal Code of 2012 1961;
        (2) the Illinois Human Rights Act;
        (3) the Discriminatory Club Act;
        (4) the Illinois Governmental Ethics Act;
        (5) the State Prompt Payment Act;
        (6) the Public Officer Prohibited Activities Act;
        (7) the Drug Free Workplace Act;
        (8) the Illinois Power Agency Act;
        (9) the Employee Classification Act; and
        (10) the State Officials and Employees Ethics Act.
(Source: P.A. 95-26, eff. 1-1-08; 95-481, eff. 8-28-07; 95-876,
eff. 8-21-08; 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793
for the effective date of changes made by P.A. 96-795).)
 
    Section 115. The Intergovernmental Drug Laws Enforcement
Act is amended by changing Section 3 as follows:
 
    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
    Sec. 3. A Metropolitan Enforcement Group which meets the
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 Department of State Police as the 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 1961; and the investigation of streetgang
related offenses.
    (5) Cooperate with the Department of State Police in order
to assure compliance with this Act and to enable the Department
to fulfill its duties under this Act, and supply the Department
with all information the 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. 88-677, eff. 12-15-94.)
 
    Section 120. The Illinois Income Tax Act is amended by
changing Sections 504 and 1302 as follows:
 
    (35 ILCS 5/504)  (from Ch. 120, par. 5-504)
    Sec. 504. Verification. Each return or notice required to
be filed under this Act shall contain or be verified by a
written declaration that it is made under the penalties of
perjury. A taxpayer's signing a fraudulent return under this
Act is perjury, as defined in Section 32-2 of the Criminal Code
of 2012 1961.
(Source: P.A. 82-1009.)
 
    (35 ILCS 5/1302)  (from Ch. 120, par. 13-1302)
    Sec. 1302. Willful Failure to Pay Over. Any person who
accepts money that is due to the Department under this Act from
a taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who willfully fails to
remit such payment to the Department when due, shall be guilty
of a Class A misdemeanor. Any such person who purports to make
such payment by issuing or delivering a check or other order
upon a real or fictitious depository for the payment of money,
knowing that it will not be paid by the depository, shall be
guilty of a deceptive practice in violation of Section 17-1 of
the Criminal Code of 2012 1961, as amended. Any person whose
commercial domicile or whose residence is in this State and who
is charged with a violation under this Section shall be tried
in the county where his commercial domicile or his residence is
located unless he asserts a right to be tried in another venue.
A prosecution for any act in violation of this Section may be
commenced at any time within 5 years of the commission of that
act.
(Source: P.A. 84-221.)
 
    Section 125. The Use Tax Act is amended by changing
Sections 14 and 15 as follows:
 
    (35 ILCS 105/14)  (from Ch. 120, par. 439.14)
    Sec. 14. When the amount due is under $300, any person
subject to the provisions hereof who fails to file a return, or
who violates any other provision of Section 9 or Section 10
hereof, or who fails to keep books and records as required
herein, or who files a fraudulent return, or who wilfully
violates any rule or regulation of the Department for the
administration and enforcement of the provisions hereof, or any
officer or agent of a corporation or manager, member, or agent
of a limited liability company subject hereto who signs a
fraudulent return filed on behalf of such corporation or
limited liability company, or any accountant or other agent who
knowingly enters false information on the return of any
taxpayer under this Act, or any person who violates any of the
provisions of Sections 3, 5 or 7 hereof, or any purchaser who
obtains a registration number or resale number from the
Department through misrepresentation, or who represents to a
seller that such purchaser has a registration number or a
resale number from the Department when he knows that he does
not, or who uses his registration number or resale number to
make a seller believe that he is buying tangible personal
property for resale when such purchaser in fact knows that this
is not the case, is guilty of a Class 4 felony.
    Any person who violates any provision of Section 6 hereof,
or who engages in the business of selling tangible personal
property at retail after his Certificate of Registration under
this Act has been revoked in accordance with Section 12 of this
Act, is guilty of a Class 4 felony. Each day any such person is
engaged in business in violation of Section 6, or after his
Certificate of Registration under this Act has been revoked,
constitutes a separate offense.
    When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit such
payment to the Department when due is guilty of a Class 4
felony. Any such person who purports to make such payment by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    When the amount due is $300 or more any person subject to
the provisions hereof who fails to file a return or who
violates any other provision of Section 9 or Section 10 hereof
or who fails to keep books and records as required herein or
who files a fraudulent return, or who wilfully violates any
rule or regulation of the Department for the administration and
enforcement of the provisions hereof, or any officer or agent
of a corporation or manager, member, or agent of a limited
liability company subject hereto who signs a fraudulent return
filed on behalf of such corporation or limited liability
company, or any accountant or other agent who knowingly enters
false information on the return of any taxpayer under this Act
or any person who violates any of the provisions of Sections 3,
5 or 7 hereof or any purchaser who obtains a registration
number or resale number from the Department through
misrepresentation, or who represents to a seller that such
purchaser has a registration number or a resale number from the
Department when he knows that he does not or who uses his
registration number or resale number to make a seller believe
that he is buying tangible personal property for resale when
such purchaser in fact knows that this is not the case, is
guilty of a Class 3 felony.
    When the amount due is $300 or more any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit such
payment to the Department when due is guilty of a Class 3
felony. Any such person who purports to make such payment by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    Any seller who collects or attempts to collect use tax
measured by receipts which such seller knows are not subject to
use tax, or any seller who knowingly over-collects or attempts
to over-collect use tax in a transaction which is subject to
the tax that is imposed by this Act, shall be guilty of a Class
4 felony for each such offense. This paragraph does not apply
to an amount collected by the seller as use tax on receipts
which are subject to tax under this Act as long as such
collection is made in compliance with the tax collection
brackets prescribed by the Department in its Rules and
Regulations.
    Any taxpayer or agent of a taxpayer who with the intent to
defraud purports to make a payment due to the Department by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    A prosecution for any act in violation of this Section may
be commenced at any time within 3 years of the commission of
that Act.
    This Section does not apply if the violation in a
particular case also constitutes a criminal violation of the
Retailers' Occupation Tax Act.
(Source: P.A. 88-480.)
 
    (35 ILCS 105/15)  (from Ch. 120, par. 439.15)
    Sec. 15. The tax herein imposed shall be in addition to all
other occupation or privilege taxes imposed by the State of
Illinois or by any municipal corporation or political
subdivision thereof.
    Any taxpayer or agent of a taxpayer who with the intent to
defraud purports to make a payment due to the Department by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
(Source: P.A. 84-221.)
 
    Section 130. The Service Use Tax Act is amended by changing
Section 15 as follows:
 
    (35 ILCS 110/15)  (from Ch. 120, par. 439.45)
    Sec. 15. When the amount due is under $300, any person
subject to the provisions hereof who fails to file a return, or
who violates any other provision of Section 9 or Section 10
hereof, or who fails to keep books and records as required
herein, or who files a fraudulent return, or who wilfully
violates any Rule or Regulation of the Department for the
administration and enforcement of the provisions hereof, or any
officer or agent of a corporation, or manager, member, or agent
of a limited liability company, subject hereto who signs a
fraudulent return filed on behalf of such corporation or
limited liability company, or any accountant or other agent who
knowingly enters false information on the return of any
taxpayer under this Act, or any person who violates any of the
provisions of Sections 3 and 5 hereof, or any purchaser who
obtains a registration number or resale number from the
Department through misrepresentation, or who represents to a
seller that such purchaser has a registration number or a
resale number from the Department when he knows that he does
not, or who uses his registration number or resale number to
make a seller believe that he is buying tangible personal
property for resale when such purchaser in fact knows that this
is not the case, is guilty of a Class 4 felony.
    Any person who violates any provision of Section 6 hereof,
or who engages in the business of making sales of service after
his Certificate of Registration under this Act has been revoked
in accordance with Section 12 of this Act, is guilty of a Class
4 felony. Each day any such person is engaged in business in
violation of Section 6, or after his Certificate of
Registration under this Act has been revoked, constitutes a
separate offense.
    When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit such
payment to the Department when due is guilty of a Class 4
felony. Any such person who purports to make such payment by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    When the amount due is $300 or more, any person subject to
the provisions hereof who fails to file a return, or who
violates any other provision of Section 9 or Section 10 hereof,
or who fails to keep books and records as required herein or
who files a fraudulent return, or who willfully violates any
rule or regulation of the Department for the administration and
enforcement of the provisions hereof, or any officer or agent
of a corporation, or manager, member, or agent of a limited
liability company, subject hereto who signs a fraudulent return
filed on behalf of such corporation or limited liability
company, or any accountant or other agent who knowingly enters
false information on the return of any taxpayer under this Act,
or any person who violates any of the provisions of Sections 3
and 5 hereof, or any purchaser who obtains a registration
number or resale number from the Department through
misrepresentation, or who represents to a seller that such
purchaser has a registration number or a resale number from the
Department when he knows that he does not, or who uses his
registration number or resale number to make a seller believe
that he is buying tangible personal property for resale when
such purchaser in fact knows that this is not the case, is
guilty of a Class 3 felony.
    When the amount due is $300 or more, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit such
payment to the Department when due is guilty of a Class 3
felony. Any such person who purports to make such payment by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    Any serviceman who collects or attempts to collect Service
Use Tax measured by receipts or selling prices which such
serviceman knows are not subject to Service Use Tax, or any
serviceman who knowingly over-collects or attempts to
over-collect Service Use Tax in a transaction which is subject
to the tax that is imposed by this Act, shall be guilty of a
Class 4 felony for each offense. This paragraph does not apply
to an amount collected by the serviceman as Service Use Tax on
receipts or selling prices which are subject to tax under this
Act as long as such collection is made in compliance with the
tax collection brackets prescribed by the Department in its
Rules and Regulations.
    Any taxpayer or agent of a taxpayer who with the intent to
defraud purports to make a payment due to the Department by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    A prosecution for any Act in violation of this Section may
be commenced at any time within 3 years of the commission of
that Act.
    This Section does not apply if the violation in a
particular case also constitutes a criminal violation of the
Retailers' Occupation Tax Act, the Use Tax Act or the Service
Occupation Tax Act.
(Source: P.A. 90-655, eff. 7-30-98; 91-51, eff. 6-30-99.)
 
    Section 135. The Service Occupation Tax Act is amended by
changing Section 15 as follows:
 
    (35 ILCS 115/15)  (from Ch. 120, par. 439.115)
    Sec. 15. When the amount due is under $300, any person
subject to the provisions hereof who fails to file a return, or
who violates any other provision of Section 9 or Section 10
hereof, or who fails to keep books and records as required
herein, or who files a fraudulent return, or who wilfully
violates any Rule or Regulation of the Department for the
administration and enforcement of the provisions hereof, or any
officer or agent of a corporation, or manager, member, or agent
of a limited liability company, subject hereto who signs a
fraudulent return filed on behalf of such corporation or
limited liability company, or any accountant or other agent who
knowingly enters false information on the return of any
taxpayer under this Act, or any person who violates any of the
provisions of Sections 3, 5 or 7 hereof, or any purchaser who
obtains a registration number or resale number from the
Department through misrepresentation, or who represents to a
seller that such purchaser has a registration number or a
resale number from the Department when he knows that he does
not, or who uses his registration number or resale number to
make a seller believe that he is buying tangible personal
property for resale when such purchaser in fact knows that this
is not the case, is guilty of a Class 4 felony.
    Any person who violates any provision of Section 6 hereof,
or who engages in the business of making sales of service after
his Certificate of Registration under this Act has been revoked
in accordance with Section 12 of this Act, is guilty of a Class
4 felony. Each day any such person is engaged in business in
violation of Section 6, or after his Certificate of
Registration under this Act has been revoked, constitutes a
separate offense.
    When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit such
payment to the Department when due is guilty of a Class 4
felony. Any such person who purports to make such payment by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    When the amount due is $300 or more, any person subject to
the provisions hereof who fails to file a return, or who
violates any other provision of Section 9 or Section 10 hereof,
or who fails to keep books and records as required herein, or
who files a fraudulent return, or who wilfully violates any
rule or regulation of the Department for the administration and
enforcement of the provisions hereof, or any officer or agent
of a corporation, or manager, member, or agent of a limited
liability company, subject hereto who signs a fraudulent return
filed on behalf of such corporation or limited liability
company, or any accountant or other agent who knowingly enters
false information on the return of any taxpayer under this Act,
or any person who violates any of the provisions of Sections 3,
5 or 7 hereof, or any purchaser who obtains a registration
number or resale number from the Department through
misrepresentation, or who represents to a seller that such
purchaser has a registration number or a resale number from the
Department when he knows that he does not, or who uses his
registration number or resale number to make a seller believe
that he is buying tangible personal property for resale when
such purchaser in fact knows that this is not the case, is
guilty of a Class 3 felony.
    When the amount due is $300 or more, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department but who fails to remit such
payment to the Department when due is guilty of a Class 3
felony. Any such person who purports to make such payment by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    Any serviceman who collects or attempts to collect Service
Occupation Tax, measured by receipts which such serviceman
knows are not subject to Service Occupation Tax, or any
serviceman who collects or attempts to collect an amount
(however designated) which purports to reimburse such
serviceman for Service Occupation Tax liability measured by
receipts or selling prices which such serviceman knows are not
subject to Service Occupation Tax, or any serviceman who
knowingly over-collects or attempts to over-collect Service
Occupation Tax or an amount purporting to be reimbursement for
Service Occupation Tax liability in a transaction which is
subject to the tax that is imposed by this Act, shall be guilty
of a Class 4 felony for each such offense. This paragraph does
not apply to an amount collected by the serviceman as
reimbursement for the serviceman's Service Occupation Tax
liability on receipts or selling prices which are subject to
tax under this Act, as long as such collection is made in
compliance with the tax collection brackets prescribed by the
Department in its Rules and Regulations.
    A prosecution for any act in violation of this Section may
be commenced at any time within 3 years of the commission of
that act.
    This Section does not apply if the violation in a
particular case also constitutes a criminal violation of the
Retailers' Occupation Tax Act or the Use Tax Act.
(Source: P.A. 91-51, eff. 6-30-99.)
 
    Section 140. The Retailers' Occupation Tax Act is amended
by changing Section 13 as follows:
 
    (35 ILCS 120/13)  (from Ch. 120, par. 452)
    Sec. 13. Criminal penalties.
    (a) When the amount due is under $300, any person engaged
in the business of selling tangible personal property at retail
in this State who fails to file a return, or who files a
fraudulent return, or any officer, employee or agent of a
corporation, member, employee or agent of a partnership, or
manager, member, agent, or employee of a limited liability
company engaged in the business of selling tangible personal
property at retail in this State who, as such officer,
employee, agent, manager, or member is under a duty to file a
return, or any officer, agent or employee of a corporation,
member, agent, or employee of a partnership, or manager,
member, agent, or employee of a limited liability company
engaged in the business of selling tangible personal property
at retail in this State who files or causes to be filed or
signs or causes to be signed a fraudulent return filed on
behalf of such corporation or limited liability company, or any
accountant or other agent who knowingly enters false
information on the return of any taxpayer under this Act, is
guilty of a Class 4 felony.
    Any person who or any officer or director of any
corporation, partner or member of any partnership, or manager
or member of a limited liability company that: (a) violates
Section 2a of this Act or (b) fails to keep books and records,
or fails to produce books and records as required by Section 7
or (c) willfully violates a rule or regulation of the
Department for the administration and enforcement of this Act
is guilty of a Class A misdemeanor. Any person, manager or
member of a limited liability company, or officer or director
of any corporation who engages in the business of selling
tangible personal property at retail after the certificate of
registration of that person, corporation, limited liability
company, or partnership has been revoked is guilty of a Class A
misdemeanor. Each day such person, corporation, or partnership
is engaged in business without a certificate of registration or
after the certificate of registration of that person,
corporation, or partnership has been revoked constitutes a
separate offense.
    Any purchaser who obtains a registration number or resale
number from the Department through misrepresentation, or who
represents to a seller that such purchaser has a registration
number or a resale number from the Department when he knows
that he does not, or who uses his registration number or resale
number to make a seller believe that he is buying tangible
personal property for resale when such purchaser in fact knows
that this is not the case is guilty of a Class 4 felony.
    Any distributor, supplier or other reseller of motor fuel
registered pursuant to Section 2a or 2c of this Act who fails
to collect the prepaid tax on invoiced gallons of motor fuel
sold or who fails to deliver a statement of tax paid to the
purchaser or to the Department as required by Sections 2d and
2e of this Act, respectively, shall be guilty of a Class A
misdemeanor if the amount due is under $300, and a Class 4
felony if the amount due is $300 or more.
    When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit such
payment to the Department when due is guilty of a Class 4
felony.
    Any seller who collects or attempts to collect an amount
(however designated) which purports to reimburse such seller
for retailers' occupation tax liability measured by receipts
which such seller knows are not subject to retailers'
occupation tax, or any seller who knowingly over-collects or
attempts to over-collect an amount purporting to reimburse such
seller for retailers' occupation tax liability in a transaction
which is subject to the tax that is imposed by this Act, shall
be guilty of a Class 4 felony for each such offense. This
paragraph does not apply to an amount collected by the seller
as reimbursement for the seller's retailers' occupation tax
liability on receipts which are subject to tax under this Act
as long as such collection is made in compliance with the tax
collection brackets prescribed by the Department in its Rules
and Regulations.
    When the amount due is $300 or more, any person engaged in
the business of selling tangible personal property at retail in
this State who fails to file a return, or who files a
fraudulent return, or any officer, employee or agent of a
corporation, member, employee or agent of a partnership, or
manager, member, agent, or employee of a limited liability
company engaged in the business of selling tangible personal
property at retail in this State who, as such officer,
employee, agent, manager, or member is under a duty to file a
return and who fails to file such return or any officer, agent,
or employee of a corporation, member, agent or employee of a
partnership, or manager, member, agent, or employee of a
limited liability company engaged in the business of selling
tangible personal property at retail in this State who files or
causes to be filed or signs or causes to be signed a fraudulent
return filed on behalf of such corporation or limited liability
company, or any accountant or other agent who knowingly enters
false information on the return of any taxpayer under this Act
is guilty of a Class 3 felony.
    When the amount due is $300 or more, any person engaged in
the business of selling tangible personal property at retail in
this State who accepts money that is due to the Department
under this Act from a taxpayer for the purpose of acting as the
taxpayer's agent to make payment to the Department but fails to
remit such payment to the Department when due, is guilty of a
Class 3 felony.
    Any person whose principal place of business is in this
State and who is charged with a violation under this Section
shall be tried in the county where his principal place of
business is located unless he asserts a right to be tried in
another venue.
    Any taxpayer or agent of a taxpayer who with the intent to
defraud purports to make a payment due to the Department by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    (b) A person commits the offense of sales tax evasion under
this Act when he knowingly attempts in any manner to evade or
defeat the tax imposed on him or on any other person, or the
payment thereof, and he commits an affirmative act in
furtherance of the evasion. For purposes of this Section, an
"affirmative act in furtherance of the evasion" means an act
designed in whole or in part to (i) conceal, misrepresent,
falsify, or manipulate any material fact or (ii) tamper with or
destroy documents or materials related to a person's tax
liability under this Act. Two or more acts of sales tax evasion
may be charged as a single count in any indictment,
information, or complaint and the amount of tax deficiency may
be aggregated for purposes of determining the amount of tax
which is attempted to be or is evaded and the period between
the first and last acts may be alleged as the date of the
offense.
        (1) When the amount of tax, the assessment or payment
    of which is attempted to be or is evaded is less than $500
    a person is guilty of a Class 4 felony.
        (2) When the amount of tax, the assessment or payment
    of which is attempted to be or is evaded is $500 or more
    but less than $10,000, a person is guilty of a Class 3
    felony.
        (3) When the amount of tax, the assessment or payment
    of which is attempted to be or is evaded is $10,000 or more
    but less than $100,000, a person is guilty of a Class 2
    felony.
        (4) When the amount of tax, the assessment or payment
    of which is attempted to be or is evaded is $100,000 or
    more, a person is guilty of a Class 1 felony.
    (c) A prosecution for any act in violation of this Section
may be commenced at any time within 5 years of the commission
of that act.
(Source: P.A. 97-1074, eff. 1-1-13.)
 
    Section 145. The Tobacco Products Tax Act of 1995 is
amended by changing Section 10-50 as follows:
 
    (35 ILCS 143/10-50)
    Sec. 10-50. Violations and penalties. When the amount due
is under $300, any distributor who fails to file a return,
wilfully fails or refuses to make any payment to the Department
of the tax imposed by this Act, or files a fraudulent return,
or any officer or agent of a corporation engaged in the
business of distributing tobacco products to retailers and
consumers located in this State who signs a fraudulent return
filed on behalf of the corporation, or any accountant or other
agent who knowingly enters false information on the return of
any taxpayer under this Act is guilty of a Class 4 felony.
    Any person who violates any provision of Section 10-20 of
this Act, fails to keep books and records as required under
this Act, or wilfully violates a rule or regulation of the
Department for the administration and enforcement of this Act
is guilty of a Class 4 felony. A person commits a separate
offense on each day that he or she engages in business in
violation of Section 10-20 of this Act.
    When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit the
payment to the Department when due, is guilty of a Class 4
felony.
    When the amount due is $300 or more, any distributor who
files, or causes to be filed, a fraudulent return, or any
officer or agent of a corporation engaged in the business of
distributing tobacco products to retailers and consumers
located in this State who files or causes to be filed or signs
or causes to be signed a fraudulent return filed on behalf of
the corporation, or any accountant or other agent who knowingly
enters false information on the return of any taxpayer under
this Act is guilty of a Class 3 felony.
    When the amount due is $300 or more, any person engaged in
the business of distributing tobacco products to retailers and
consumers located in this State who fails to file a return,
wilfully fails or refuses to make any payment to the Department
of the tax imposed by this Act, or accepts money that is due to
the Department under this Act from a taxpayer for the purpose
of acting as the taxpayer's agent to make payment to the
Department but fails to remit such payment to the Department
when due is guilty of a Class 3 felony.
    Any person whose principal place of business is in this
State and who is charged with a violation under this Section
shall be tried in the county where his or her principal place
of business is located unless he or she asserts a right to be
tried in another venue. If the taxpayer does not have his or
her principal place of business in this State, however, the
hearing must be held in Sangamon County unless the taxpayer
asserts a right to be tried in another venue.
    Any taxpayer or agent of a taxpayer who with the intent to
defraud purports to make a payment due to the Department by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, is guilty of a deceptive
practice in violation of Section 17-1 of the Criminal Code of
2012 1961.
    A prosecution for a violation described in this Section may
be commenced within 3 years after the commission of the act
constituting the violation.
(Source: P.A. 92-231, eff. 8-2-01.)
 
    Section 150. The Hotel Operators' Occupation Tax Act is
amended by changing Section 8 as follows:
 
    (35 ILCS 145/8)  (from Ch. 120, par. 481b.38)
    Sec. 8. When the amount due is under $300, any person
engaged in the business of renting, leasing or letting hotel
rooms in this State who fails to make a return, or to keep
books and records as required herein, or who makes a fraudulent
return, or who wilfully violates any rule or regulation of the
Department for the administration and enforcement of the
provisions of this Act, or any officer or agent of a
corporation engaged in the business of renting, leasing or
letting hotel rooms in this State who signs a fraudulent return
made on behalf of such corporation, is guilty of a Class 4
felony.
    Any person who violates any provision of Section 5 of this
Act is guilty of a Class 4 felony. Each and every day any such
person is engaged in business in violation of said Section 5
shall constitute a separate offense.
    When the amount due is under $300, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit such
payment to the Department when due is guilty of a Class 4
felony. Any such person who purports to make such payment by
issuing or delivering a check or other order upon a real or
fictitious depository for the payment of money, knowing that it
will not be paid by the depository, shall be guilty of a
deceptive practice in violation of Section 17-1 of the Criminal
Code of 2012 1961, as amended.
    Any hotel operator who collects or attempts to collect an
amount (however designated) which purports to reimburse such
operator for hotel operators' occupation tax liability
measured by receipts which such operator knows are not subject
to hotel operators' occupation tax, or any hotel operator who
knowingly over-collects or attempts to over-collect an amount
purporting to reimburse such operator for hotel operators'
occupation tax liability in a transaction which is subject to
the tax that is imposed by this Act, shall be guilty of a Class
4 felony.
    When the amount due is $300 or more, any person engaged in
the business of renting, leasing or letting hotel rooms in this
State who fails to make a return, or to keep books and records
as required herein, or who makes a fraudulent return, or who
wilfully violates any rule or regulation of the Department for
the administration and enforcement of the provisions of this
Act, or any officer or agent of a corporation engaged in the
business of renting, leasing or letting hotel rooms in this
State who signs a fraudulent return made on behalf of such
corporation is guilty of a Class 3 felony.
    When the amount due is $300 or more, any person who accepts
money that is due to the Department under this Act from a
taxpayer for the purpose of acting as the taxpayer's agent to
make the payment to the Department, but who fails to remit such
payment to the Department is guilty of a Class 3 felony. Any
such person who purports to make such payment by issuing or
delivering a check or other order upon a real or fictitious
depository for the payment of money, knowing that it will not
be paid by the depository, shall be guilty of a deceptive
practice in violation of Section 17-1 of the Criminal Code of
2012 1961, as amended.
    A prosecution for any act in violation of this Section may
be commenced at any time within 3 years of the commission of
that act.
(Source: P.A. 85-299.)
 
    Section 155. The Property Tax Code is amended by changing
Sections 15-172 and 15-177 as follows:
 
    (35 ILCS 200/15-172)
    Sec. 15-172. Senior Citizens Assessment Freeze Homestead
Exemption.
    (a) This Section may be cited as the Senior Citizens
Assessment Freeze Homestead Exemption.
    (b) As used in this Section:
    "Applicant" means an individual who has filed an
application under this Section.
    "Base amount" means the base year equalized assessed value
of the residence plus the first year's equalized assessed value
of any added improvements which increased the assessed value of
the residence after the base year.
    "Base year" means the taxable year prior to the taxable
year for which the applicant first qualifies and applies for
the exemption provided that in the prior taxable year the
property was improved with a permanent structure that was
occupied as a residence by the applicant who was liable for
paying real property taxes on the property and who was either
(i) an owner of record of the property or had legal or
equitable interest in the property as evidenced by a written
instrument or (ii) had a legal or equitable interest as a
lessee in the parcel of property that was single family
residence. If in any subsequent taxable year for which the
applicant applies and qualifies for the exemption the equalized
assessed value of the residence is less than the equalized
assessed value in the existing base year (provided that such
equalized assessed value is not based on an assessed value that
results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years), then
that subsequent taxable year shall become the base year until a
new base year is established under the terms of this paragraph.
For taxable year 1999 only, the Chief County Assessment Officer
shall review (i) all taxable years for which the applicant
applied and qualified for the exemption and (ii) the existing
base year. The assessment officer shall select as the new base
year the year with the lowest equalized assessed value. An
equalized assessed value that is based on an assessed value
that results from a temporary irregularity in the property that
reduces the assessed value for one or more taxable years shall
not be considered the lowest equalized assessed value. The
selected year shall be the base year for taxable year 1999 and
thereafter until a new base year is established under the terms
of this paragraph.
    "Chief County Assessment Officer" means the County
Assessor or Supervisor of Assessments of the county in which
the property is located.
    "Equalized assessed value" means the assessed value as
equalized by the Illinois Department of Revenue.
    "Household" means the applicant, the spouse of the
applicant, and all persons using the residence of the applicant
as their principal place of residence.
    "Household income" means the combined income of the members
of a household for the calendar year preceding the taxable
year.
    "Income" has the same meaning as provided in Section 3.07
of the Senior Citizens and Disabled Persons Property Tax Relief
Act, except that, beginning in assessment year 2001, "income"
does not include veteran's benefits.
    "Internal Revenue Code of 1986" means the United States
Internal Revenue Code of 1986 or any successor law or laws
relating to federal income taxes in effect for the year
preceding the taxable year.
    "Life care facility that qualifies as a cooperative" means
a facility as defined in Section 2 of the Life Care Facilities
Act.
    "Maximum income limitation" means:
        (1) $35,000 prior to taxable year 1999;
        (2) $40,000 in taxable years 1999 through 2003;
        (3) $45,000 in taxable years 2004 through 2005;
        (4) $50,000 in taxable years 2006 and 2007; and
        (5) $55,000 in taxable year 2008 and thereafter.
    "Residence" means the principal dwelling place and
appurtenant structures used for residential purposes in this
State occupied on January 1 of the taxable year by a household
and so much of the surrounding land, constituting the parcel
upon which the dwelling place is situated, as is used for
residential purposes. If the Chief County Assessment Officer
has established a specific legal description for a portion of
property constituting the residence, then that portion of
property shall be deemed the residence for the purposes of this
Section.
    "Taxable year" means the calendar year during which ad
valorem property taxes payable in the next succeeding year are
levied.
    (c) Beginning in taxable year 1994, a senior citizens
assessment freeze homestead exemption is granted for real
property that is improved with a permanent structure that is
occupied as a residence by an applicant who (i) is 65 years of
age or older during the taxable year, (ii) has a household
income that does not exceed the maximum income limitation,
(iii) is liable for paying real property taxes on the property,
and (iv) is an owner of record of the property or has a legal or
equitable interest in the property as evidenced by a written
instrument. This homestead exemption shall also apply to a
leasehold interest in a parcel of property improved with a
permanent structure that is a single family residence that is
occupied as a residence by a person who (i) is 65 years of age
or older during the taxable year, (ii) has a household income
that does not exceed the maximum income limitation, (iii) has a
legal or equitable ownership interest in the property as
lessee, and (iv) is liable for the payment of real property
taxes on that property.
    In counties of 3,000,000 or more inhabitants, the amount of
the exemption for all taxable years is the equalized assessed
value of the residence in the taxable year for which
application is made minus the base amount. In all other
counties, the amount of the exemption is as follows: (i)
through taxable year 2005 and for taxable year 2007 and
thereafter, the amount of this exemption shall be the equalized
assessed value of the residence in the taxable year for which
application is made minus the base amount; and (ii) for taxable
year 2006, the amount of the exemption is as follows:
        (1) For an applicant who has a household income of
    $45,000 or less, the amount of the exemption is the
    equalized assessed value of the residence in the taxable
    year for which application is made minus the base amount.
        (2) For an applicant who has a household income
    exceeding $45,000 but not exceeding $46,250, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.8.
        (3) For an applicant who has a household income
    exceeding $46,250 but not exceeding $47,500, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.6.
        (4) For an applicant who has a household income
    exceeding $47,500 but not exceeding $48,750, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.4.
        (5) For an applicant who has a household income
    exceeding $48,750 but not exceeding $50,000, the amount of
    the exemption is (i) the equalized assessed value of the
    residence in the taxable year for which application is made
    minus the base amount (ii) multiplied by 0.2.
    When the applicant is a surviving spouse of an applicant
for a prior year for the same residence for which an exemption
under this Section has been granted, the base year and base
amount for that residence are the same as for the applicant for
the prior year.
    Each year at the time the assessment books are certified to
the County Clerk, the Board of Review or Board of Appeals shall
give to the County Clerk a list of the assessed values of
improvements on each parcel qualifying for this exemption that
were added after the base year for this parcel and that
increased the assessed value of the property.
    In the case of land improved with an apartment building
owned and operated as a cooperative or a building that is a
life care facility that qualifies as a cooperative, the maximum
reduction from the equalized assessed value of the property is
limited to the sum of the reductions calculated for each unit
occupied as a residence by a person or persons (i) 65 years of
age or older, (ii) with a household income that does not exceed
the maximum income limitation, (iii) who is liable, by contract
with the owner or owners of record, for paying real property
taxes on the property, and (iv) who is an owner of record of a
legal or equitable interest in the cooperative apartment
building, other than a leasehold interest. In the instance of a
cooperative where a homestead exemption has been granted under
this Section, the cooperative association or its management
firm shall credit the savings resulting from that exemption
only to the apportioned tax liability of the owner who
qualified for the exemption. Any person who willfully refuses
to credit that savings to an owner who qualifies for the
exemption is guilty of a Class B misdemeanor.
    When a homestead exemption has been granted under this
Section and an applicant then becomes a resident of a facility
licensed under the Assisted Living and Shared Housing Act, the
Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act, or the ID/DD Community Care Act, the
exemption shall be granted in subsequent years so long as the
residence (i) continues to be occupied by the qualified
applicant's spouse or (ii) if remaining unoccupied, is still
owned by the qualified applicant for the homestead exemption.
    Beginning January 1, 1997, when an individual dies who
would have qualified for an exemption under this Section, and
the surviving spouse does not independently qualify for this
exemption because of age, the exemption under this Section
shall be granted to the surviving spouse for the taxable year
preceding and the taxable year of the death, provided that,
except for age, the surviving spouse meets all other
qualifications for the granting of this exemption for those
years.
    When married persons maintain separate residences, the
exemption provided for in this Section may be claimed by only
one of such persons and for only one residence.
    For taxable year 1994 only, in counties having less than
3,000,000 inhabitants, to receive the exemption, a person shall
submit an application by February 15, 1995 to the Chief County
Assessment Officer of the county in which the property is
located. In counties having 3,000,000 or more inhabitants, for
taxable year 1994 and all subsequent taxable years, to receive
the exemption, a person may submit an application to the Chief
County Assessment Officer of the county in which the property
is located during such period as may be specified by the Chief
County Assessment Officer. The Chief County Assessment Officer
in counties of 3,000,000 or more inhabitants shall annually
give notice of the application period by mail or by
publication. In counties having less than 3,000,000
inhabitants, beginning with taxable year 1995 and thereafter,
to receive the exemption, a person shall submit an application
by July 1 of each taxable year to the Chief County Assessment
Officer of the county in which the property is located. A
county may, by ordinance, establish a date for submission of
applications that is different than July 1. The applicant shall
submit with the application an affidavit of the applicant's
total household income, age, marital status (and if married the
name and address of the applicant's spouse, if known), and
principal dwelling place of members of the household on January
1 of the taxable year. The Department shall establish, by rule,
a method for verifying the accuracy of affidavits filed by
applicants under this Section, and the Chief County Assessment
Officer may conduct audits of any taxpayer claiming an
exemption under this Section to verify that the taxpayer is
eligible to receive the exemption. Each application shall
contain or be verified by a written declaration that it is made
under the penalties of perjury. A taxpayer's signing a
fraudulent application under this Act is perjury, as defined in
Section 32-2 of the Criminal Code of 2012 1961. The
applications shall be clearly marked as applications for the
Senior Citizens Assessment Freeze Homestead Exemption and must
contain a notice that any taxpayer who receives the exemption
is subject to an audit by the Chief County Assessment Officer.
    Notwithstanding any other provision to the contrary, in
counties having fewer than 3,000,000 inhabitants, if an
applicant fails to file the application required by this
Section in a timely manner and this failure to file is due to a
mental or physical condition sufficiently severe so as to
render the applicant incapable of filing the application in a
timely manner, the Chief County Assessment Officer may extend
the filing deadline for a period of 30 days after the applicant
regains the capability to file the application, but in no case
may the filing deadline be extended beyond 3 months of the
original filing deadline. In order to receive the extension
provided in this paragraph, the applicant shall provide the
Chief County Assessment Officer with a signed statement from
the applicant's physician stating the nature and extent of the
condition, that, in the physician's opinion, the condition was
so severe that it rendered the applicant incapable of filing
the application in a timely manner, and the date on which the
applicant regained the capability to file the application.
    Beginning January 1, 1998, notwithstanding any other
provision to the contrary, in counties having fewer than
3,000,000 inhabitants, if an applicant fails to file the
application required by this Section in a timely manner and
this failure to file is due to a mental or physical condition
sufficiently severe so as to render the applicant incapable of
filing the application in a timely manner, the Chief County
Assessment Officer may extend the filing deadline for a period
of 3 months. In order to receive the extension provided in this
paragraph, the applicant shall provide the Chief County
Assessment Officer with a signed statement from the applicant's
physician stating the nature and extent of the condition, and
that, in the physician's opinion, the condition was so severe
that it rendered the applicant incapable of filing the
application in a timely manner.
    In counties having less than 3,000,000 inhabitants, if an
applicant was denied an exemption in taxable year 1994 and the
denial occurred due to an error on the part of an assessment
official, or his or her agent or employee, then beginning in
taxable year 1997 the applicant's base year, for purposes of
determining the amount of the exemption, shall be 1993 rather
than 1994. In addition, in taxable year 1997, the applicant's
exemption shall also include an amount equal to (i) the amount
of any exemption denied to the applicant in taxable year 1995
as a result of using 1994, rather than 1993, as the base year,
(ii) the amount of any exemption denied to the applicant in
taxable year 1996 as a result of using 1994, rather than 1993,
as the base year, and (iii) the amount of the exemption
erroneously denied for taxable year 1994.
    For purposes of this Section, a person who will be 65 years
of age during the current taxable year shall be eligible to
apply for the homestead exemption during that taxable year.
Application shall be made during the application period in
effect for the county of his or her residence.
    The Chief County Assessment Officer may determine the
eligibility of a life care facility that qualifies as a
cooperative to receive the benefits provided by this Section by
use of an affidavit, application, visual inspection,
questionnaire, or other reasonable method in order to insure
that the tax savings resulting from the exemption are credited
by the management firm to the apportioned tax liability of each
qualifying resident. The Chief County Assessment Officer may
request reasonable proof that the management firm has so
credited that exemption.
    Except as provided in this Section, all information
received by the chief county assessment officer or the
Department from applications filed under this Section, or from
any investigation conducted under the provisions of this
Section, shall be confidential, except for official purposes or
pursuant to official procedures for collection of any State or
local tax or enforcement of any civil or criminal penalty or
sanction imposed by this Act or by any statute or ordinance
imposing a State or local tax. Any person who divulges any such
information in any manner, except in accordance with a proper
judicial order, is guilty of a Class A misdemeanor.
    Nothing contained in this Section shall prevent the
Director or chief county assessment officer from publishing or
making available reasonable statistics concerning the
operation of the exemption contained in this Section in which
the contents of claims are grouped into aggregates in such a
way that information contained in any individual claim shall
not be disclosed.
    (d) Each Chief County Assessment Officer shall annually
publish a notice of availability of the exemption provided
under this Section. The notice shall be published at least 60
days but no more than 75 days prior to the date on which the
application must be submitted to the Chief County Assessment
Officer of the county in which the property is located. The
notice shall appear in a newspaper of general circulation in
the county.
    Notwithstanding Sections 6 and 8 of the State Mandates Act,
no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 96-339, eff. 7-1-10; 96-355, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
97-689, eff. 6-14-12; 97-813, eff. 7-13-12.)
 
    (35 ILCS 200/15-177)
    Sec. 15-177. The long-time occupant homestead exemption.
    (a) If the county has elected, under Section 15-176, to be
subject to the provisions of the alternative general homestead
exemption, then, for taxable years 2007 and thereafter,
regardless of whether the exemption under Section 15-176
applies, qualified homestead property is entitled to an annual
homestead exemption equal to a reduction in the property's
equalized assessed value calculated as provided in this
Section.
    (b) As used in this Section:
    "Adjusted homestead value" means the lesser of the
following values:
        (1) The property's base homestead value increased by:
    (i) 10% for each taxable year after the base year through
    and including the current tax year for qualified taxpayers
    with a household income of more than $75,000 but not
    exceeding $100,000; or (ii) 7% for each taxable year after
    the base year through and including the current tax year
    for qualified taxpayers with a household income of $75,000
    or less. The increase each year is an increase over the
    prior year; or
        (2) The property's equalized assessed value for the
    current tax year minus the general homestead deduction.
    "Base homestead value" means:
        (1) if the property did not have an adjusted homestead
    value under Section 15-176 for the base year, then an
    amount equal to the equalized assessed value of the
    property for the base year prior to exemptions, minus the
    general homestead deduction, provided that the property's
    assessment was not based on a reduced assessed value
    resulting from a temporary irregularity in the property for
    that year; or
        (2) if the property had an adjusted homestead value
    under Section 15-176 for the base year, then an amount
    equal to the adjusted homestead value of the property under
    Section 15-176 for the base year.
    "Base year" means the taxable year prior to the taxable
year in which the taxpayer first qualifies for the exemption
under this Section.
    "Current taxable year" means the taxable year for which the
exemption under this Section is being applied.
    "Equalized assessed value" means the property's assessed
value as equalized by the Department.
    "Homestead" or "homestead property" means residential
property that as of January 1 of the tax year is occupied by a
qualified taxpayer as his or her principal dwelling place, or
that is a leasehold interest on which a single family residence
is situated, that is occupied as a residence by a qualified
taxpayer who has a legal or equitable interest therein
evidenced by a written instrument, as an owner or as a lessee,
and on which the person is liable for the payment of property
taxes. Residential units in an apartment building owned and
operated as a cooperative, or as a life care facility, which
are occupied by persons who hold a legal or equitable interest
in the cooperative apartment building or life care facility as
owners or lessees, and who are liable by contract for the
payment of property taxes, are included within this definition
of homestead property. A homestead includes the dwelling place,
appurtenant structures, and so much of the surrounding land
constituting the parcel on which the dwelling place is situated
as is used for residential purposes. If the assessor has
established a specific legal description for a portion of
property constituting the homestead, then the homestead is
limited to the property within that description.
    "Household income" has the meaning set forth under Section
15-172 of this Code.
    "General homestead deduction" means the amount of the
general homestead exemption under Section 15-175.
    "Life care facility" means a facility defined in Section 2
of the Life Care Facilities Act.
    "Qualified homestead property" means homestead property
owned by a qualified taxpayer.
    "Qualified taxpayer" means any individual:
        (1) who, for at least 10 continuous years as of January
    1 of the taxable year, has occupied the same homestead
    property as a principal residence and domicile or who, for
    at least 5 continuous years as of January 1 of the taxable
    year, has occupied the same homestead property as a
    principal residence and domicile if that person received
    assistance in the acquisition of the property as part of a
    government or nonprofit housing program; and
        (2) who has a household income of $100,000 or less.
    (c) The base homestead value must remain constant, except
that the assessor may revise it under any of the following
circumstances:
        (1) If the equalized assessed value of a homestead
    property for the current tax year is less than the previous
    base homestead value for that property, then the current
    equalized assessed value (provided it is not based on a
    reduced assessed value resulting from a temporary
    irregularity in the property) becomes the base homestead
    value in subsequent tax years.
        (2) For any year in which new buildings, structures, or
    other improvements are constructed on the homestead
    property that would increase its assessed value, the
    assessor shall adjust the base homestead value with due
    regard to the value added by the new improvements.
    (d) The amount of the exemption under this Section is the
greater of: (i) the equalized assessed value of the homestead
property for the current tax year minus the adjusted homestead
value; or (ii) the general homestead deduction.
    (e) In the case of an apartment building owned and operated
as a cooperative, or as a life care facility, that contains
residential units that qualify as homestead property of a
qualified taxpayer under this Section, the maximum cumulative
exemption amount attributed to the entire building or facility
shall not exceed the sum of the exemptions calculated for each
unit that is a qualified homestead property. The cooperative
association, management firm, or other person or entity that
manages or controls the cooperative apartment building or life
care facility shall credit the exemption attributable to each
residential unit only to the apportioned tax liability of the
qualified taxpayer as to that unit. Any person who willfully
refuses to so credit the exemption is guilty of a Class B
misdemeanor.
    (f) When married persons maintain separate residences, the
exemption provided under this Section may be claimed by only
one such person and for only one residence. No person who
receives an exemption under Section 15-172 of this Code may
receive an exemption under this Section. No person who receives
an exemption under this Section may receive an exemption under
Section 15-175 or 15-176 of this Code.
    (g) In the event of a sale or other transfer in ownership
of the homestead property between spouses or between a parent
and a child, the exemption under this Section remains in effect
if the new owner has a household income of $100,000 or less.
    (h) In the event of a sale or other transfer in ownership
of the homestead property other than subsection (g) of this
Section, the exemption under this Section shall remain in
effect for the remainder of the tax year and be calculated
using the same base homestead value in which the sale or
transfer occurs.
    (i) To receive the exemption, a person must submit an
application to the county assessor during the period specified
by the county assessor.
    The county assessor shall annually give notice of the
application period by mail or by publication.
    The taxpayer must submit, with the application, an
affidavit of the taxpayer's total household income, marital
status (and if married the name and address of the applicant's
spouse, if known), and principal dwelling place of members of
the household on January 1 of the taxable year. The Department
shall establish, by rule, a method for verifying the accuracy
of affidavits filed by applicants under this Section, and the
Chief County Assessment Officer may conduct audits of any
taxpayer claiming an exemption under this Section to verify
that the taxpayer is eligible to receive the exemption. Each
application shall contain or be verified by a written
declaration that it is made under the penalties of perjury. A
taxpayer's signing a fraudulent application under this Act is
perjury, as defined in Section 32-2 of the Criminal Code of
2012 1961. The applications shall be clearly marked as
applications for the Long-time Occupant Homestead Exemption
and must contain a notice that any taxpayer who receives the
exemption is subject to an audit by the Chief County Assessment
Officer.
    (j) Notwithstanding Sections 6 and 8 of the State Mandates
Act, no reimbursement by the State is required for the
implementation of any mandate created by this Section.
(Source: P.A. 95-644, eff. 10-12-07.)
 
    Section 160. The Coin-Operated Amusement Device and
Redemption Machine Tax Act is amended by changing Section 1 as
follows:
 
    (35 ILCS 510/1)  (from Ch. 120, par. 481b.1)
    Sec. 1. There is imposed, on the privilege of operating
every coin-in-the-slot-operated amusement device, including a
device operated or operable by insertion of coins, tokens,
chips or similar objects, in this State which returns to the
player thereof no money or property or right to receive money
or property, and on the privilege of operating in this State a
redemption machine as defined in Section 28-2 of the Criminal
Code of 2012 1961, an annual privilege tax of $30 for each
device for a period beginning on or after August 1 of any year
and prior to August 1 of the succeeding year.
(Source: P.A. 93-32, eff. 7-1-03.)
 
    Section 165. The Cannabis and Controlled Substances Tax Act
is amended by changing Sections 15 and 19 as follows:
 
    (35 ILCS 520/15)  (from Ch. 120, par. 2165)
    Sec. 15. Lien for Tax.
    (a) In general. The Department shall have a lien for the
tax herein imposed or any portion thereof, or for any penalty
provided for in this Act, or for any amount of interest which
may be due, upon all the real and personal property of any
person assessed with a tax under this Act; however, the lien
shall not be available on property which is the subject of
forfeiture proceedings under the Narcotics Profit Forfeiture
Act or the Criminal Code of 2012 1961 or the Drug Asset
Forfeiture Procedure Act until all forfeiture proceedings are
concluded. Property forfeited shall not be subject to a lien
under this Act.
    (b) Notice of lien. The lien created by assessment shall
terminate unless a notice of lien is filed, as provided in
Section 17 hereof, within 3 years from the date all proceedings
in court for the review of such assessment have terminated or
the time for the taking thereof has expired without such
proceedings being instituted.
(Source: P.A. 88-669, eff. 11-29-94.)
 
    (35 ILCS 520/19)  (from Ch. 120, par. 2169)
    Sec. 19. Release of Liens.
    (a) In general. The Department shall release all or any
portion of the property subject to any lien provided for in
this Act if it determines that the release will not endanger or
jeopardize the collection of the amount secured thereby. The
Department shall release its lien on property which is the
subject of forfeiture proceedings under the Narcotics Profit
Forfeiture Act, the Criminal Code of 2012 1961, or the Drug
Asset Forfeiture Procedure Act until all forfeiture
proceedings are concluded. Property forfeited shall not be
subject to a lien under this Act.
    (b) Judicial determination. If on judicial review the final
judgment of the court is that the taxpayer does not owe some or
all of the amount secured by the lien against him, or that no
jeopardy to the revenue exists, the Department shall release
its lien to the extent of such finding of nonliability, or to
the extent of such finding of no jeopardy to the revenue.
    (c) Payment. The Department shall also release its jeopardy
assessment lien against the taxpayer whenever the tax and
penalty covered by such lien, plus any interest which may be
due, are paid.
    (d) Certificate of release. The Department shall issue a
certificate of complete or partial release of the lien:
        (1) To the extent that the fair market value of any
    property subject to the lien exceeds the amount of the lien
    plus the amount of all prior liens upon such property;
        (2) To the extent that such lien shall become
    unenforceable;
        (3) To the extent that the amount of such lien is paid
    by the person whose property is subject to such lien,
    together with any interest and penalty which may become due
    under this Act between the date when the notice of lien is
    filed and the date when the amount of such lien is paid;
        (4) To the extent and under the circumstances specified
    in this Section. A certificate of complete or partial
    release of any lien shall be held conclusive that the lien
    upon the property covered by the certificate is
    extinguished to the extent indicated by such certificate.
    Such release of lien shall be issued to the person, or his
agent, against whom the lien was obtained and shall contain in
legible letters a statement as follows:
    FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
    BE FILED WITH THE RECORDER OR THE REGISTRAR
    OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
    (e) Filing. When a certificate of complete or partial
release of lien issued by the Department is presented for
filing in the office of the recorder or Registrar of Titles
where a notice of lien or notice of jeopardy assessment lien
was filed:
        (1) The recorder, in the case of nonregistered
    property, shall permanently attach the certificate of
    release to the notice of lien or notice of jeopardy
    assessment lien and shall enter the certificate of release
    and the date in the "State Tax Lien Index" on the line
    where the notice of lien or notice of jeopardy assessment
    lien is entered; and
        (2) In the case of registered property, the Registrar
    of Titles shall file and enter upon each folium of the
    register of titles affected thereby a memorial of the
    certificate of release which memorial when so entered shall
    act as a release pro tanto of any memorial of such notice
    of lien or notice of jeopardy assessment lien previously
    filed and registered.
(Source: P.A. 88-669, eff. 11-29-94.)
 
    Section 170. The Public Officer Prohibited Activities Act
is amended by changing Section 4.5 as follows:
 
    (50 ILCS 105/4.5)
    Sec. 4.5. False verification; perjury. A person is guilty
of perjury who:
        (1) In swearing on oath or otherwise affirming a
    statement in writing as required under this Act, knowingly
    makes a false statement as to, or knowingly omits a
    material fact relating to, the identification of an
    individual or entity that has an ownership interest in real
    property, or that is material to an issue or point in
    question in the written disclosure pertaining to a contract
    for the ownership or use of real property.
        (2) Having taken a lawful oath or made affirmation,
    testifies willfully and falsely as to any of those matters
    for the purpose of inducing the State or any local
    governmental unit or any agency of either to enter into a
    contract for the ownership or use of real property.
        (3) Suborns any other person to so swear, affirm, or
    testify.
    Upon conviction of perjury, a person shall be sentenced as
provided in Section 32-2 or 32-3, respectively, of the Criminal
Code of 2012 1961 for those offenses.
    This Section applies to written statements made or
testimony given on or after the effective date of this
amendatory Act of 1995.
(Source: P.A. 89-91, eff. 6-30-95.)
 
    Section 175. The Illinois Police Training Act is amended by
changing Sections 6 and 6.1 as follows:
 
    (50 ILCS 705/6)  (from Ch. 85, par. 506)
    Sec. 6. Selection and certification of schools. The Board
shall select and certify schools within the State of Illinois
for the purpose of providing basic training for probationary
police officers, probationary county corrections officers, and
court security officers and of providing advanced or in-service
training for permanent police officers or permanent county
corrections officers, which schools may be either publicly or
privately owned and operated. In addition, the Board has the
following power and duties:
        a. To require local governmental units to furnish such
    reports and information as the Board deems necessary to
    fully implement this Act.
        b. To establish appropriate mandatory minimum
    standards relating to the training of probationary local
    law enforcement officers or probationary county
    corrections officers.
        c. To provide appropriate certification to those
    probationary officers who successfully complete the
    prescribed minimum standard basic training course.
        d. To review and approve annual training curriculum for
    county sheriffs.
        e. To review and approve applicants to ensure no
    applicant is admitted to a certified academy unless the
    applicant is a person of good character and has not been
    convicted of a felony offense, any of the misdemeanors in
    Sections 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 Criminal Code of 1961 or the Criminal
    Code of 2012, 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 Section 5 or
    5.2 of the Cannabis Control Act, or a crime involving moral
    turpitude under the laws of this State or any other state
    which if committed in this State would be punishable as a
    felony or a crime of moral turpitude. The Board may appoint
    investigators who shall enforce the duties conferred upon
    the Board by this Act.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    (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 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 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 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
or conviction 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 or conviction 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 or convictions in this Section as long
as the information is submitted, disclosed, or released in good
faith and without malice. The Board has 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
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, provided that the investigators may exercise those
powers anywhere in the State, only after contact and
cooperation with the appropriate local law enforcement
authorities.
    (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 Department of State Police must 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 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 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:
            (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
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
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
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,
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
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
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.
    (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:
        (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. 96-1551, eff. 7-1-11.)
 
    Section 180. The Peace Officer Firearm Training Act is
amended by changing Section 2 as follows:
 
    (50 ILCS 710/2)  (from Ch. 85, par. 516)
    Sec. 2. Training course for peace officers.
    (a) Successful completion of a 40 hour course of training
in use of a suitable type firearm shall be a condition
precedent to the possession and use of that respective firearm
by any peace officer in this State in connection with the
officer's official duties. The training must be approved by the
Illinois Law Enforcement Training Standards Board ("the
Board") and may be given in logical segments but must be
completed within 6 months from the date of the officer's
initial employment. To satisfy the requirements of this Act,
the training must include the following:
        (1) Instruction in the dangers of misuse of the
    firearm, safety rules, and care and cleaning of the
    firearm.
        (2) Practice firing on a range and qualification with
    the firearm in accordance with the standards established by
    the Board.
        (3) Instruction in the legal use of firearms under the
    Criminal Code of 2012 1961 and relevant court decisions.
        (4) A forceful presentation of the ethical and moral
    considerations assumed by any person who uses a firearm.
    (b) Any officer who successfully completes the Basic
Training Course prescribed for recruits by the Board shall be
presumed to have satisfied the requirements of this Act.
    (c) The Board shall cause the training courses to be
conducted twice each year within each of the Mobile Team
Regions, but no training course need be held when there are no
police officers requiring the training.
    (d) (Blank).
    (e) The Board may waive, or may conditionally waive, the 40
hour course of training if, in the Board's opinion, the officer
has previously successfully completed a course of similar
content and duration. In cases of waiver, the officer shall
demonstrate his or her knowledge and proficiency by passing the
written examination on firearms and by successfully passing the
range qualification portion of the prescribed course of
training.
(Source: P.A. 94-984, eff. 6-30-06.)
 
    Section 185. The Uniform Peace Officers' Disciplinary Act
is amended by changing Sections 2 and 5 as follows:
 
    (50 ILCS 725/2)  (from Ch. 85, par. 2552)
    Sec. 2. For the purposes of this Act, unless clearly
required otherwise, the terms defined in this Section have the
meaning ascribed herein:
    (a) "Officer" means any peace officer, as defined by
Section 2-13 of the Criminal Code of 2012 1961, as now or
hereafter amended, who is employed by any unit of local
government or a State college or university, including
supervisory and command personnel, and any pay-grade
investigator for the Secretary of State as defined in Section
14-110 of the Illinois Pension Code, including Secretary of
State sergeants, lieutenants, commanders, and investigator
trainees. The term does not include crossing guards, parking
enforcement personnel, traffic wardens or employees of any
State's Attorney's office.
    (b) "Informal inquiry" means a meeting by supervisory or
command personnel with an officer upon whom an allegation of
misconduct has come to the attention of such supervisory or
command personnel, the purpose of which meeting is to mediate a
citizen complaint or discuss the facts to determine whether a
formal investigation should be commenced.
    (c) "Formal investigation" means the process of
investigation ordered by a commanding officer during which the
questioning of an officer is intended to gather evidence of
misconduct which may be the basis for filing charges seeking
his or her removal, discharge or suspension in excess of 3
days.
    (d) "Interrogation" means the questioning of an officer
pursuant to the formal investigation procedures of the
respective State agency or local governmental unit in
connection with an alleged violation of such agency's or unit's
rules which may be the basis for filing charges seeking his or
her suspension, removal, or discharge. The term does not
include questioning (1) as part of an informal inquiry or (2)
relating to minor infractions of agency rules which may be
noted on the officer's record but which may not in themselves
result in removal, discharge or suspension in excess of 3 days.
    (e) "Administrative proceeding" means any non-judicial
hearing which is authorized to recommend, approve or order the
suspension, removal, or discharge of an officer.
(Source: P.A. 95-293, eff. 1-1-08.)
 
    (50 ILCS 725/5)  (from Ch. 85, par. 2566)
    Sec. 5. This Act does not apply to any officer charged with
violating any provisions of the Criminal Code of 1961, the
Criminal Code of 2012, or any other federal, State, or local
criminal law.
(Source: P.A. 83-981.)
 
    Section 190. The Firemen's Disciplinary Act is amended by
changing Section 5 as follows:
 
    (50 ILCS 745/5)  (from Ch. 85, par. 2516)
    Sec. 5. This Act does not apply to any fireman charged with
violating any provisions of the Criminal Code of 1961, the
Criminal Code of 2012, or any other federal, State, or local
criminal law.
(Source: P.A. 83-783.)
 
    Section 195. The Emergency Telephone System Act is amended
by changing Sections 6 and 15.2 as follows:
 
    (50 ILCS 750/6)  (from Ch. 134, par. 36)
    Sec. 6. Capabilities of system; pay telephones. All systems
shall be designed to meet the specific requirements of each
community and public agency served by the system. Every system,
whether basic or sophisticated, shall be designed to have the
capability of utilizing at least 1 of the methods specified in
Sections 2.03 through 2.06, in response to emergency calls. The
General Assembly finds and declares that the most critical
aspect of the design of any system is the procedure established
for handling a telephone request for emergency services.
    In addition, to maximize efficiency and utilization of the
system, all pay telephones within each system shall, within 3
years after the implementation date or by December 31, 1985,
whichever is later, enable a caller to dial "9-1-1" for
emergency services without the necessity of inserting a coin.
This paragraph does not apply to pay telephones located in
penal institutions, as defined in Section 2-14 of the Criminal
Code of 2012 1961, that have been designated for the exclusive
use of committed persons.
(Source: P.A. 91-518, eff. 8-13-99.)
 
    (50 ILCS 750/15.2)  (from Ch. 134, par. 45.2)
    Sec. 15.2. Any person calling the number "911" for the
purpose of making a false alarm or complaint and reporting
false information is subject to the provisions of Section 26-1
of the Criminal Code of 2012 1961.
(Source: P.A. 92-502, eff. 12-19-01.)
 
    Section 200. The Counties Code is amended by changing
Sections 3-9005, 3-9007, 4-2002, 5-1103, and 5-1117 as follows:
 
    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
    Sec. 3-9005. Powers and duties of State's attorney.
    (a) The duty of each State's attorney shall be:
        (1) To commence and prosecute all actions, suits,
    indictments and prosecutions, civil and criminal, in the
    circuit court for his county, in which the people of the
    State or county may be concerned.
        (2) To prosecute all forfeited bonds and
    recognizances, and all actions and proceedings for the
    recovery of debts, revenues, moneys, fines, penalties and
    forfeitures accruing to the State or his county, or to any
    school district or road district in his county; also, to
    prosecute all suits in his county against railroad or
    transportation companies, which may be prosecuted in the
    name of the People of the State of Illinois.
        (3) To commence and prosecute all actions and
    proceedings brought by any county officer in his official
    capacity.
        (4) To defend all actions and proceedings brought
    against his county, or against any county or State officer,
    in his official capacity, within his county.
        (5) To attend the examination of all persons brought
    before any judge on habeas corpus, when the prosecution is
    in his county.
        (6) To attend before judges and prosecute charges of
    felony or misdemeanor, for which the offender is required
    to be recognized to appear before the circuit court, when
    in his power so to do.
        (7) To give his opinion, without fee or reward, to any
    county officer in his county, upon any question or law
    relating to any criminal or other matter, in which the
    people or the county may be concerned.
        (8) To assist the attorney general whenever it may be
    necessary, and in cases of appeal from his county to the
    Supreme Court, to which it is the duty of the attorney
    general to attend, he shall furnish the attorney general at
    least 10 days before such is due to be filed, a manuscript
    of a proposed statement, brief and argument to be printed
    and filed on behalf of the people, prepared in accordance
    with the rules of the Supreme Court. However, if such
    brief, argument or other document is due to be filed by law
    or order of court within this 10 day period, then the
    State's attorney shall furnish such as soon as may be
    reasonable.
        (9) To pay all moneys received by him in trust, without
    delay, to the officer who by law is entitled to the custody
    thereof.
        (10) To notify, by first class mail, complaining
    witnesses of the ultimate disposition of the cases arising
    from an indictment or an information.
        (11) To perform such other and further duties as may,
    from time to time, be enjoined on him by law.
        (12) To appear in all proceedings by collectors of
    taxes against delinquent taxpayers for judgments to sell
    real estate, and see that all the necessary preliminary
    steps have been legally taken to make the judgment legal
    and binding.
        (13) To notify, by first-class mail, the State
    Superintendent of Education, the applicable regional
    superintendent of schools, and the superintendent of the
    employing school district or the chief school
    administrator of the employing nonpublic school, if any,
    upon the conviction of any individual known to possess a
    certificate or license issued pursuant to Article 21 or
    21B, respectively, of the School Code of any offense set
    forth in Section 21B-80 of the School Code or any other
    felony conviction, providing the name of the certificate
    holder, the fact of the conviction, and the name and
    location of the court where the conviction occurred. The
    certificate holder must also be contemporaneously sent a
    copy of the notice.
    (b) The State's Attorney of each county shall have
authority to appoint one or more special investigators to serve
subpoenas, make return of process and conduct investigations
which assist the State's Attorney in the performance of his
duties. A special investigator shall not carry firearms except
with permission of the State's Attorney and only while carrying
appropriate identification indicating his employment and in
the performance of his assigned duties.
    Subject to the qualifications set forth in this subsection,
special investigators shall be peace officers and shall have
all the powers possessed by investigators under the State's
Attorneys Appellate Prosecutor's Act.
    No special investigator employed by the State's Attorney
shall have peace officer status or exercise police powers
unless he or she successfully completes the basic police
training course mandated and approved by the Illinois Law
Enforcement Training Standards Board or such board waives the
training requirement by reason of the special investigator's
prior law enforcement experience or training or both. Any
State's Attorney appointing a special investigator shall
consult with all affected local police agencies, to the extent
consistent with the public interest, if the special
investigator is assigned to areas within that agency's
jurisdiction.
    Before a person is appointed as a special investigator, his
fingerprints shall be taken and transmitted to the Department
of State Police. The Department shall examine its records and
submit to the State's Attorney of the county in which the
investigator seeks appointment any conviction information
concerning the person on file with the Department. No person
shall be appointed as a special investigator if he has been
convicted of a felony or other offense involving moral
turpitude. A special investigator shall be paid a salary and be
reimbursed for actual expenses incurred in performing his
assigned duties. The county board shall approve the salary and
actual expenses and appropriate the salary and expenses in the
manner prescribed by law or ordinance.
    (c) The State's Attorney may request and receive from
employers, labor unions, telephone companies, and utility
companies location information concerning putative fathers and
noncustodial parents for the purpose of establishing a child's
paternity or establishing, enforcing, or modifying a child
support obligation. In this subsection, "location information"
means information about (i) the physical whereabouts of a
putative father or noncustodial parent, (ii) the putative
father or noncustodial parent's employer, or (iii) the salary,
wages, and other compensation paid and the health insurance
coverage provided to the putative father or noncustodial parent
by the employer of the putative father or noncustodial parent
or by a labor union of which the putative father or
noncustodial parent is a member.
    (d) For each State fiscal year, the State's Attorney of
Cook County shall appear before the General Assembly and
request appropriations to be made from the Capital Litigation
Trust Fund to the State Treasurer for the purpose of providing
assistance in the prosecution of capital cases in Cook County
and for the purpose of providing assistance to the State in
post-conviction proceedings in capital cases under Article 122
of the Code of Criminal Procedure of 1963 and in relation to
petitions filed under Section 2-1401 of the Code of Civil
Procedure in relation to capital cases. The State's Attorney
may appear before the General Assembly at other times during
the State's fiscal year to request supplemental appropriations
from the Trust Fund to the State Treasurer.
    (e) The State's Attorney shall have the authority to enter
into a written agreement with the Department of Revenue for
pursuit of civil liability under subsection (E) of Section 17-1
of the Criminal Code of 2012 1961 against persons who have
issued to the Department checks or other orders in violation of
the provisions of paragraph (1) of subsection (B) of Section
17-1 of the Criminal Code of 2012 1961, with the Department to
retain the amount owing upon the dishonored check or order
along with the dishonored check fee imposed under the Uniform
Penalty and Interest Act, with the balance of damages, fees,
and costs collected under subsection (E) of Section 17-1 of the
Criminal Code of 2012 1961 or under Section 17-1a of that Code
to be retained by the State's Attorney. The agreement shall not
affect the allocation of fines and costs imposed in any
criminal prosecution.
(Source: P.A. 96-431, eff. 8-13-09; 96-1551, eff. 7-1-11;
97-607, eff. 8-26-11.)
 
    (55 ILCS 5/3-9007)  (from Ch. 34, par. 3-9007)
    Sec. 3-9007. Home rule unit liquor tax ordinance;
prosecutions. Where any county, municipality or other unit of
local government has adopted any ordinance or other regulation
imposing a tax upon the privilege of engaging in business as a
manufacturer, importing distributor, retailer or distributor
of beer, alcohol or other spirits, pursuant to its home rule
powers under Article VII, Section 6 of the Constitution of the
State of Illinois, nothing shall prohibit a State's attorney
from prosecuting any offense under the Criminal Code of 1961 or
the Criminal Code of 2012 which may also constitute a violation
of the applicable ordinance or regulation.
(Source: P.A. 86-962.)
 
    (55 ILCS 5/4-2002)  (from Ch. 34, par. 4-2002)
    Sec. 4-2002. State's attorney fees in counties under
3,000,000 population. This Section applies only to counties
with fewer than 3,000,000 inhabitants.
    (a) State's attorneys shall be entitled to the following
fees, however, the fee requirement of this subsection does not
apply to county boards:
    For each conviction in prosecutions on indictments for
first degree murder, second degree murder, involuntary
manslaughter, criminal sexual assault, aggravated criminal
sexual assault, aggravated criminal sexual abuse, kidnapping,
arson and forgery, $30. All other cases punishable by
imprisonment in the penitentiary, $30.
    For each conviction in other cases tried before judges of
the circuit court, $15; except that if the conviction is in a
case which may be assigned to an associate judge, whether or
not it is in fact assigned to an associate judge, the fee shall
be $10.
    For preliminary examinations for each defendant held to
bail or recognizance, $10.
    For each examination of a party bound over to keep the
peace, $10.
    For each defendant held to answer in a circuit court on a
charge of paternity, $10.
    For each trial on a charge of paternity, $30.
    For each case of appeal taken from his county or from the
county to which a change of venue is taken to his county to the
Supreme or Appellate Court when prosecuted or defended by him,
$50.
    For each day actually employed in the trial of a case, $25;
in which case the court before whom the case is tried shall
make an order specifying the number of days for which a per
diem shall be allowed.
    For each day actually employed in the trial of cases of
felony arising in their respective counties and taken by change
of venue to another county, $25; and the court before whom the
case is tried shall make an order specifying the number of days
for which said per diem shall be allowed; and it is hereby made
the duty of each State's attorney to prepare and try each case
of felony arising when so taken by change of venue.
    For assisting in a trial of each case on an indictment for
felony brought by change of venue to their respective counties,
the same fees they would be entitled to if such indictment had
been found for an offense committed in his county, and it shall
be the duty of the State's attorney of the county to which such
cause is taken by change of venue to assist in the trial
thereof.
    For each case of forfeited recognizance where the
forfeiture is set aside at the instance of the defense, in
addition to the ordinary costs, $10 for each defendant.
    For each proceeding in a circuit court to inquire into the
alleged mental illness of any person, $10 for each defendant.
    For each proceeding in a circuit court to inquire into the
alleged dependency or delinquency of any child, $10.
    For each day actually employed in the hearing of a case of
habeas corpus in which the people are interested, $25.
    For each violation of the Criminal Code of 1961 or the
Criminal Code of 2012 and the Illinois Vehicle Code in which a
defendant has entered a plea of guilty or a defendant has
stipulated to the facts supporting the charge or a finding of
guilt and the court has entered an order of supervision, $10.
    State's attorneys shall be entitled to a $2 fee to be paid
by the defendant on a judgment of guilty or a grant of
supervision for a violation of any provision of the Illinois
Vehicle Code or any felony, misdemeanor, or petty offense to
discharge the expenses of the State's Attorney's office for
establishing and maintaining automated record keeping systems.
The fee shall be remitted monthly to the county treasurer, to
be deposited by him or her into a special fund designated as
the State's Attorney Records Automation Fund. Expenditures
from this fund may be made by the State's Attorney for
hardware, software, research, and development costs and
personnel related thereto.
    All the foregoing fees shall be taxed as costs to be
collected from the defendant, if possible, upon conviction. But
in cases of inquiry into the mental illness of any person
alleged to be mentally ill, in cases on a charge of paternity
and in cases of appeal in the Supreme or Appellate Court, where
judgment is in favor of the accused, the fees allowed the
State's attorney therein shall be retained out of the fines and
forfeitures collected by them in other cases.
    Ten per cent of all moneys except revenue, collected by
them and paid over to the authorities entitled thereto, which
per cent together with the fees provided for herein that are
not collected from the parties tried or examined, shall be paid
out of any fines and forfeited recognizances collected by them,
provided however, that in proceedings to foreclose the lien of
delinquent real estate taxes State's attorneys shall receive a
fee, to be credited to the earnings of their office, of 10% of
the total amount realized from the sale of real estate sold in
such proceedings. Such fees shall be paid from the total amount
realized from the sale of the real estate sold in such
proceedings.
    State's attorneys shall have a lien for their fees on all
judgments for fines or forfeitures procured by them and on
moneys except revenue received by them until such fees and
earnings are fully paid.
    No fees shall be charged on more than 10 counts in any one
indictment or information on trial and conviction; nor on more
than 10 counts against any one defendant on pleas of guilty.
    The Circuit Court may direct that of all monies received,
by restitution or otherwise, which monies are ordered paid to
the Department of Healthcare and Family Services (formerly
Department of Public Aid) or the Department of Human Services
(acting as successor to the Department of Public Aid under the
Department of Human Services Act) as a direct result of the
efforts of the State's attorney and which payments arise from
Civil or Criminal prosecutions involving the Illinois Public
Aid Code or the Criminal Code, the following amounts shall be
paid quarterly by the Department of Healthcare and Family
Services or the Department of Human Services to the General
Corporate Fund of the County in which the prosecution or cause
of action took place:
        (1) where the monies result from child support
    obligations, not more than 25% of the federal share of the
    monies received,
        (2) where the monies result from other than child
    support obligations, not more than 25% of the State's share
    of the monies received.
    In addition to any other amounts to which State's Attorneys
are entitled under this Section, State's Attorneys are entitled
to $10 of the fine that is imposed under Section 5-9-1.17 of
the Unified Code of Corrections, as set forth in that Section.
    (b) A municipality shall be entitled to a $25 prosecution
fee for each conviction for a violation of the Illinois Vehicle
Code prosecuted by the municipal attorney pursuant to Section
16-102 of that Code which results in a finding of guilt before
a circuit or associate judge or in which a defendant has
stipulated to the facts supporting the charge or a finding of
guilt and the court has entered an order of supervision and
shall be entitled to a $25 prosecution fee for each conviction
for a violation of a municipal vehicle ordinance or nontraffic
ordinance which results in a finding of guilt before a circuit
or associate judge or in which a defendant has stipulated to
the facts supporting the charge or a finding of guilt and the
court has entered an order of supervision. Such fee shall be
taxed as costs to be collected from the defendant, if possible,
upon disposition of the case. A municipality shall have a lien
for such prosecution fees on all judgments or fines procured by
the municipal attorney from prosecutions for violations of the
Illinois Vehicle Code and municipal vehicle ordinances or
nontraffic ordinances.
    For the purposes of this subsection (b), "municipal vehicle
ordinance" means any ordinance enacted pursuant to Sections
11-40-1, 11-40-2, 11-40-2a and 11-40-3 of the Illinois
Municipal Code or any ordinance enacted by a municipality which
is similar to a provision of Chapter 11 of the Illinois Vehicle
Code.
(Source: P.A. 96-707, eff. 1-1-10; 96-1186, eff. 7-22-10;
97-331, eff. 8-12-11; 97-673, eff. 6-1-12; revised 10-16-12.)
 
    (55 ILCS 5/5-1103)  (from Ch. 34, par. 5-1103)
    Sec. 5-1103. Court services fee. A county board may enact
by ordinance or resolution a court services fee dedicated to
defraying court security expenses incurred by the sheriff in
providing court services or for any other court services deemed
necessary by the sheriff to provide for court security,
including without limitation court services provided pursuant
to Section 3-6023, as now or hereafter amended. Such fee shall
be paid in civil cases by each party at the time of filing the
first pleading, paper or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper or other appearance. In
criminal, local ordinance, county ordinance, traffic and
conservation cases, such fee shall be assessed against the
defendant upon a plea of guilty, stipulation of facts or
findings of guilty, resulting in a judgment of conviction, or
order of supervision, or sentence of probation without entry of
judgment 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 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 Alcoholism and Other Drug Abuse and
Dependency Act, or Section 10 of the Steroid Control Act. In
setting such fee, the county board may impose, with the
concurrence of the Chief Judge of the judicial circuit in which
the county is located by administrative order entered by the
Chief Judge, differential rates for the various types or
categories of criminal and civil cases, but the maximum rate
shall not exceed $25. All proceeds from this fee must be used
to defray court security expenses incurred by the sheriff in
providing court services. No fee shall be imposed or collected,
however, in traffic, conservation, and ordinance cases in which
fines are paid without a court appearance. The fees shall be
collected in the manner in which all other court fees or costs
are collected and shall be deposited into the county general
fund for payment solely of costs incurred by the sheriff in
providing court security or for any other court services deemed
necessary by the sheriff to provide for court security.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    (55 ILCS 5/5-1117)  (from Ch. 34, par. 5-1117)
    Sec. 5-1117. Discharge of firearms.
    (a) The county board of any county may, by ordinance,
regulate or prohibit within unincorporated areas the discharge
of firearms in any residential area where such discharge is
likely to subject residents or passersby to the risk of injury.
However, such an ordinance shall not limit the right to
discharge a firearm for the lawful defense of persons or
property, or in the course of making a lawful arrest, when such
use of force is justified under Article 7 of the Criminal Code
of 2012 1961.
    (b) For the purposes of this Section, a "residential area"
is any area within 300 yards of at least 3 single or
multi-family residential structures.
(Source: P.A. 87-580.)
 
    Section 205. The Illinois Municipal Code is amended by
changing Sections 10-1-7, 10-1-7.1, 10-2.1-6, and 10-2.1-6.3
as follows:
 
    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
    Sec. 10-1-7. Examination of applicants; disqualifications.
    (a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are subject
to examination. The examination shall be public, competitive,
and open to all citizens of the United States, with specified
limitations as to residence, age, health, habits and moral
character.
    (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 or her 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,
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 on
grounds of habits or moral character, unless the person is
attempting to qualify for a position on the police department,
in which case the conviction or arrest may be considered as a
factor in determining the person's habits or moral character.
    (d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except 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.
    (e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and
policemen regardless of length of service who were either
appointed to their respective positions by the board of fire
and police commissioners under the provisions of Division 2 of
this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division 1,
or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
    (f) The examinations shall be practical in their character,
and shall relate to those matters that will fairly test the
relative capacity of the persons examined to discharge the
duties of the positions to which they seek to be appointed. The
examinations shall include tests of physical qualifications,
health, and (when appropriate) manual skill. If an applicant is
unable to pass the physical examination solely as the result of
an injury received by the applicant as the result of the
performance of an act of duty while working as a temporary
employee in the position for which he or she is being examined,
however, the physical examination shall be waived and the
applicant shall be considered to have passed the examination.
No questions in any examination shall relate to political or
religious opinions or affiliations. Results of examinations
and the eligible registers prepared from the results shall be
published by the commission within 60 days after any
examinations are held.
    (g) The commission shall control all examinations, and may,
whenever an examination is to take place, designate a suitable
number of persons, either in or not in the official service of
the municipality, to be examiners. The examiners shall conduct
the examinations as directed by the commission and shall make a
return or report of the examinations to the commission. If the
appointed examiners are in the official service of the
municipality, the examiners shall not receive extra
compensation for conducting the examinations unless the
examiners are subject to a collective bargaining agreement with
the municipality. The commission may at any time substitute any
other person, whether or not in the service of the
municipality, in the place of any one selected as an examiner.
The commission members may themselves at any time act as
examiners without appointing examiners. The examiners at any
examination shall not all be members of the same political
party.
    (h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or
a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
    (i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her 35th
birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had
previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.
    (j) In all municipalities, 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 (j) 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.
    (k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
    (l) No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank
serve a probationary employment period of longer than one year.
The limitation on periods of probationary employment provided
in this amendatory Act of 1989 is an exclusive power and
function of the State. Pursuant to subsection (h) of Section 6
of Article VII of the Illinois Constitution, a home rule
municipality having a population less than 1,000,000 must
comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. 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 certified 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
certification.
    (m) To the extent that this Section or any other Section in
this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
Section 10-1-7.1 or 10-1-7.2 shall control.
(Source: P.A. 96-1551, eff. 7-1-11; 97-251, eff. 8-4-11;
97-898, eff. 8-6-12; 97-1109, eff. 1-1-13.)
 
    (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 the effective date of 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.
    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 the effective date of 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
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 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. 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 the effective date
of 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 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. Municipalities may establish
educational, emergency medical service licensure, and other
pre-requisites 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
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, or
        (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.
    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 certified 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
certification.
    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 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.
    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
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
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 a score that is at or
above the median score for all applicants participating in the
written test. 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,
before any applicable preference points or subjective points
are applied, shall be at or above the median score. 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 median score.
    The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section 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
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
    certification as an Emergency Medical Technician-Paramedic
    (EMT-P) 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-B or EMT-I, licensed
    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
    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.
        (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 shall determine the number of preference points
    for each category except (1). The number of preference
    points for each category shall range from 0 to 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, 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 shall not be less than 10 points or more than 30
    points.
    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
eligibility registers shall be established after the awarding
of verified preference points. 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
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
State Police Law of the Civil Administrative Code of Illinois,
the 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. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
 
    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
    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,
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.
    (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
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.
    (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,
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. 95-165, eff. 1-1-08; 95-931, eff. 1-1-09; 96-472,
eff. 8-14-09; 96-1551, eff. 7-1-11.)
 
    (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 the effective date of 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.
    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 the effective date of 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
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
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. 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 the effective date
of 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 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. Municipalities may establish
educational, emergency medical service licensure, and other
pre-requisites 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
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, or
        (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.
    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 certified 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
certification.
    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
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
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,
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
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 a score that is at or
above the median score for all applicants participating in the
written test. 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,
before any applicable preference points or subjective points
are applied, shall be at or above the median score. 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 median score.
    The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section 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
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
    certification as an Emergency Medical Technician-Paramedic
    (EMT-P) shall 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, State of Illinois or nationally
    licensed EMT-B or EMT-I, 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
    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.
        (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 shall determine the number of preference points
    for each category except (1). The number of preference
    points for each category shall range from 0 to 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, 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 shall not be less than 10 points or more than 30
    points.
    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
eligibility registers shall be established after the awarding
of verified preference points. 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
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
State Police Law of the Civil Administrative Code of Illinois,
the 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. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
 
    Section 210. The Fire Protection District Act is amended by
changing Sections 16.06 and 16.06b as follows:
 
    (70 ILCS 705/16.06)  (from Ch. 127 1/2, par. 37.06)
    Sec. 16.06. Eligibility for positions in fire department;
disqualifications.
    (a) All applicants for a position in the fire department of
the fire protection district shall be under 35 years of age and
shall be subjected to examination, which shall be public,
competitive, and free to all applicants, subject to reasonable
limitations as to health, habits, and moral character; provided
that the foregoing age limitation shall not apply in the case
of any person having previous employment status as a fireman in
a regularly constituted fire department of any fire protection
district, and further provided that each fireman or fire chief
who is a member in good standing in a regularly constituted
fire department of any municipality which shall be or shall
have subsequently been included within the boundaries of any
fire protection district now or hereafter organized shall be
given a preference for original appointment in the same class,
grade or employment over all other applicants. The examinations
shall be practical in their character and shall relate to those
matters which will fairly test the persons examined as to their
relative capacity to discharge the duties of the positions to
which they seek appointment. The examinations shall include
tests of physical qualifications and health. No applicant,
however, shall be examined concerning his political or
religious opinions or affiliations. The examinations shall be
conducted by the board of fire commissioners.
    In any fire protection district that employs full-time
firefighters and is subject to a collective bargaining
agreement, a person who has not qualified for regular
appointment under the provisions of this Section shall not be
used as a temporary or permanent substitute for certificated
members of a fire district's fire department or for regular
appointment as a certificated member of a fire district's fire
department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Fire protection districts
covered by the changes made by this amendatory Act of the 95th
General Assembly that are using non-certificated employees as
substitutes immediately prior to the effective date of this
amendatory Act of the 95th General Assembly may, by mutual
agreement with the certified bargaining agent, continue the
existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining.
    (b) No person shall be appointed to the fire department
unless he or she is a person of good character and not a person
who has been convicted of a felony in Illinois or convicted in
another jurisdiction for conduct that would be a felony under
Illinois law, or convicted of 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, 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.
(Source: P.A. 95-490, eff. 6-1-08; 96-1551, eff. 7-1-11.)
 
    (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 the effective date of 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 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 the effective date of 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
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
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. 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 the effective date
of 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 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. Districts may establish educational,
emergency medical service licensure, and other pre-requisites
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
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, or
        (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.
    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 certified 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 certification.
    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
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
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
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.
    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 a score that is at or
above the median score for all applicants participating in the
written test. 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,
before any applicable preference points or subjective points
are applied, shall be at or above the median score. 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 median score.
    The commission shall prepare and keep a register of persons
whose total score is not less than the minimum fixed by this
Section 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
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
    certification as an Emergency Medical Technician-Paramedic
    (EMT-P) 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-B or EMT-I, licensed
    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
    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.
        (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 shall determine the number of preference points
    for each category except (1). The number of preference
    points for each category shall range from 0 to 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, 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 shall not be less than 10 points or more than 30
    points.
    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
eligibility registers shall be established after the awarding
of verified preference points. 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
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
State Police Law of the Civil Administrative Code of Illinois,
the 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 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. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
 
    Section 215. The Park District Code is amended by changing
Section 8-23 as follows:
 
    (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, or adjudicated a delinquent minor for, any of the
enumerated criminal or drug offenses in subsection (c) 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 Department of State Police on forms prescribed by the
Department of State Police. The 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, or adjudicated a delinquent
minor for, committing or attempting to commit any of the
enumerated criminal or drug offenses in subsection (c) 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 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, or
adjudicated a delinquent minor for, committing or attempting to
commit any of the enumerated criminal or drug offenses in
subsection (c) 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 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 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 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 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, 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, 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) those defined in the Cannabis
Control Act, except those defined in Sections 4(a), 4(b), and
5(a) of that Act; (iii) those defined in the Illinois
Controlled Substances Act; (iv) those 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 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 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.
(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12.)
 
    Section 220. The Chicago Park District Act is amended by
changing Sections 16a-5 and 26.3 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, or adjudicated a delinquent minor for, any of the
enumerated criminal or drug offenses in subsection (c) 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 Department of State Police on
forms prescribed by the Department of State Police. The
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, or adjudicated a delinquent minor for,
committing or attempting to commit any of the enumerated
criminal or drug offenses in subsection (c) 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 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, or
adjudicated a delinquent minor for, committing or attempting to
commit any of the enumerated criminal or drug offenses in
subsection (c) 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 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
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 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, 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, 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) those defined in the
Cannabis Control Act, except those defined in Sections 4(a),
4(b), and 5(a) of that Act; (iii) those defined in the Illinois
Controlled Substances Act; (iv) those 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 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.
(Source: P.A. 96-1551, eff. 7-1-11; 97-700, eff. 6-22-12.)
 
    (70 ILCS 1505/26.3)  (from Ch. 105, par. 333.23n)
    Sec. 26.3. The Chicago Park District, to carry out the
purposes of this section, has all the rights and powers over
its harbor as it does over its other property, and its rights
and powers include but are not limited to the following:
        (a) To furnish complete harbor facilities and
    services, including but not limited to: launching,
    mooring, docking, storing, and repairing facilities and
    services; parking facilities for motor vehicles and boat
    trailers; and roads for access to the harbor.
        (b) To acquire by gift, legacy, grant, purchase, lease,
    or by condemnation in the manner provided for the exercise
    of the right of eminent domain under the Eminent Domain
    Act, any property necessary or appropriate for the purposes
    of this Section, including riparian rights, within or
    without the Chicago Park District.
        (c) To use, occupy and reclaim submerged land under the
    public waters of the State and artificially made or
    reclaimed land anywhere within the jurisdiction of the
    Chicago Park District, or in, over, and upon bordering
    public waters.
        (d) To acquire property by agreeing on a boundary line
    in accordance with the provisions of "An Act to enable the
    commissioners of Lincoln Park to extend certain parks,
    boulevards and driveways under its control from time to
    time and granting submerged lands for the purpose of such
    extensions and providing for the acquisition of riparian
    rights and shore lands and interests therein for the
    purpose of such extensions and to defray the cost thereof,"
    approved May 25, 1931, and "An Act to enable Park
    Commissioners having control of a park or parks bordering
    upon public waters in this state, to enlarge and connect
    the same from time to time by extensions over lands and the
    bed of such waters, and defining the use which may be made
    of such extensions, and granting lands for the purpose of
    such enlargements," approved May 14, 1903, as amended, and
    the other Statutes pertaining to Park Districts bordering
    on navigable waters in the State of Illinois.
        (e) To locate and establish dock, shore and harbor
    lines.
        (f) To license, regulate, and control the use and
    operation of the harbor, including the operation of all
    water-borne vessels in the harbor, or otherwise within the
    jurisdiction of the Chicago Park District.
        (g) To establish and collect fees for all facilities
    and services, and compensation for materials furnished.
    Fees charged nonresidents of such district need not be the
    same as fees charged to residents of the district.
        (h) To appoint a director of special services, harbor
    masters and other personnel, defining their duties and
    authority.
        (i) To enter into contracts and leases of every kind,
    dealing in any manner with the objects and purposes of this
    section, upon such terms and conditions as the Chicago Park
    District determines.
        (j) To establish an impoundment area or areas within
    the jurisdiction of the Chicago Park District.
        (k) To remove and store within the impoundment area or
    areas a water-borne vessel that:
            (1) is tied or attached to any docks, piers or
        buoys or other moorings in or upon any harbors or
        waters of the park system in contravention of those
        Sections of the Code of the Chicago Park District
        pertaining to the use of harbors or any rules
        promulgated by the general superintendent thereunder;
            (2) is located in the waters or harbors for a
        period of 12 hours or more without a proper permit;
            (3) is abandoned or left unattended in the waters
        or harbors that impedes navigation on the waters;
            (4) is impeding navigation on the waters, because
        the persons in charge are incapacitated due to injury
        or illness;
            (5) is abandoned in the waters or harbors for a
        period of 10 hours or more;
            (6) is seized under Article 36 of the Criminal Code
        of 2012 1961, having been used in the commission of a
        crime;
            (7) is reported stolen and the owner has not been
        located after a reasonable search.
        (l) To impose a duty on the director of special
    services or other appointed official to manage and operate
    the impoundment process and to keep any impounded vessel
    until such vessel is repossessed by the owner or other
    person legally entitled to possession thereof or otherwise
    disposed of in accordance with ordinances or regulations
    established by the Chicago Park District.
        (m) To impose fees and charges for redemption of any
    impounded vessel to cover the cost of towing and storage of
    the vessel while in custody of the Chicago Park District.
        (n) To release any impounded vessel to a person
    entitled to possession or to dispose of such vessel which
    remains unclaimed after a reasonable search for the owner
    has been made in full compliance with ordinances and
    regulations of the Chicago Park District.
        (o) To control, license and regulate, including the
    establishment of permits and fees therefor, the
    chartering, renting or letting for hire of any vessel
    operating on the waters or harbors within the jurisdiction
    of the Chicago Park District.
        (p) To rent storage space to owners of vessels during
    such seasons and at such fees as are prescribed from time
    to time in regulations of the Chicago Park District.
(Source: P.A. 94-1055, eff. 1-1-07.)
 
    Section 225. The Metropolitan Water Reclamation District
Act is amended by changing Section 7g as follows:
 
    (70 ILCS 2605/7g)  (from Ch. 42, par. 326g)
    Sec. 7g. Any person who takes or who knowingly permits his
agent or employee to take industrial wastes or other wastes
from a point of origin and intentionally discharges such wastes
by means of mobile or portable equipment into any sewer, sewer
manhole, or any appurtenances thereto, or directly or
indirectly to any waters without possession of a valid and
legally issued permit shall be guilty of a Class A misdemeanor.
A second or subsequent offense shall constitute a Class 4
felony.
    Any mobile or portable equipment used in the commission of
any act which is a violation of this Section shall be subject
to seizure and forfeiture in the manner provided for the
seizure and forfeiture of vessels, vehicles and aircraft in
Article 36 of the Criminal Code of 2012 1961, as now or
hereafter amended. The person causing the intentional
discharge shall be liable for the costs of seizure, storage,
and disposal of the mobile or portable equipment.
    The terms "industrial waste" and "other wastes" shall have
the same meaning as these terms are defined in Section 7a of
this Act.
(Source: P.A. 90-354, eff. 8-8-97.)
 
    Section 230. 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,
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 Department of
State Police on forms prescribed by the Department. The
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 the inquiry; and the applicant
shall not be charged a fee for such investigation by the
private carrier company. The 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.)
 
    Section 235. The School Code is amended by changing
Sections 10-3, 10-10, 10-22.6, 10-22.39, 10-27.1A, 14-6.02,
21B-80, 27-9.1, 33-2, 34-2.1, 34-4, 34-84a.1, and 34-84b as
follows:
 
    (105 ILCS 5/10-3)  (from Ch. 122, par. 10-3)
    Sec. 10-3. Eligibility of directors. Any person who, on the
date of his or her election, is a citizen of the United States,
of the age of 18 years or over, is a resident of the State and
of the territory of the district for at least one year
immediately preceding his or her election, is a registered
voter as provided in the general election law, is not a school
trustee or a school treasurer, and is not a child sex offender
as defined in Section 11-9.3 of the Criminal Code of 2012 1961
shall be eligible to the office of school director.
(Source: P.A. 93-309, eff. 1-1-04.)
 
    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
    Sec. 10-10. Board of education; Term; Vacancy. All school
districts having a population of not fewer than 1,000 and not
more than 500,000 inhabitants, as ascertained by any special or
general census, and not governed by special Acts, shall be
governed by a board of education consisting of 7 members,
serving without compensation except as herein provided. Each
member shall be elected for a term of 4 years for the initial
members of the board of education of a combined school district
to which that subsection applies. If 5 members are elected in
1983 pursuant to the extension of terms provided by law for
transition to the consolidated election schedule under the
general election law, 2 of those members shall be elected to
serve terms of 2 years and 3 shall be elected to serve terms of
4 years; their successors shall serve for a 4 year term. When
the voters of a district have voted to elect members of the
board of education for 6 year terms, as provided in Section
9-5, the terms of office of members of the board of education
of that district expire when their successors assume office but
not later than 7 days after such election. If at the regular
school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 2 members are
elected, they shall serve for a 6 year term; and of the members
elected at the next regular school election 3 shall serve for a
term of 6 years and 2 shall serve a term of 2 years. Thereafter
members elected in such districts shall be elected to a 6 year
term. If at the regular school election held in the first
odd-numbered year after the determination to elect members for
6 year terms 3 members are elected, they shall serve for a 6
year term; and of the members elected at the next regular
school election 2 shall serve for a term of 2 years and 2 shall
serve for a term of 6 years. Thereafter members elected in such
districts shall be elected to a 6 year term. If at the regular
school election held in the first odd-numbered year after the
determination to elect members for 6 year terms 4 members are
elected, 3 shall serve for a term of 6 years and one shall
serve for a term of 2 years; and of the members elected at the
next regular school election 2 shall serve for terms of 6 years
and 2 shall serve for terms of 2 years. Thereafter members
elected in such districts shall be elected to a 6 year term. If
at the regular school election held in the first odd-numbered
year after the determination to elect members for a 6 year term
5 members are elected, 3 shall serve for a term of 6 years and 2
shall serve for a term of 2 years; and of the members elected
at the next regular school election 2 shall serve for terms of
6 years and 2 shall serve for terms of 2 years. Thereafter
members elected in such districts shall be elected to a 6 year
term. An election for board members shall not be held in school
districts which by consolidation, annexation or otherwise
shall cease to exist as a school district within 6 months after
the election date, and the term of all board members which
would otherwise terminate shall be continued until such
district shall cease to exist. Each member, on the date of his
or her election, shall be a citizen of the United States of the
age of 18 years or over, shall be a resident of the State and
the territory of the district for at least one year immediately
preceding his or her election, shall be a registered voter as
provided in the general election law, shall not be a school
trustee, and shall not be a child sex offender as defined in
Section 11-9.3 of the Criminal Code of 2012 1961. When the
board of education is the successor of the school directors,
all rights of property, and all rights regarding causes of
action existing or vested in such directors, shall vest in it
as fully as they were vested in the school directors. Terms of
members are subject to Section 2A-54 of the Election Code.
    Nomination papers filed under this Section are not valid
unless the candidate named therein files with the secretary of
the board of education or with a person designated by the board
to receive nominating petitions a receipt from the county clerk
showing that the candidate has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
Such receipt shall be so filed either previously during the
calendar year in which his nomination papers were filed or
within the period for the filing of nomination papers in
accordance with the general election law.
    Whenever a vacancy occurs, the remaining members shall
notify the regional superintendent of that vacancy within 5
days after its occurrence and shall proceed to fill the vacancy
until the next regular school election, at which election a
successor shall be elected to serve the remainder of the
unexpired term. However, if the vacancy occurs with less than
868 days remaining in the term, or if the vacancy occurs less
than 88 days before the next regularly scheduled election for
this office then the person so appointed shall serve the
remainder of the unexpired term, and no election to fill the
vacancy shall be held. Should they fail so to act, within 45
days after the vacancy occurs, the regional superintendent of
schools under whose supervision and control the district is
operating, as defined in Section 3-14.2 of this Act, shall
within 30 days after the remaining members have failed to fill
the vacancy, fill the vacancy as provided for herein. Upon the
regional superintendent's failure to fill the vacancy, the
vacancy shall be filled at the next regularly scheduled
election. Whether elected or appointed by the remaining members
or regional superintendent, the successor shall be an
inhabitant of the particular area from which his or her
predecessor was elected if the residential requirements
contained in Section 10-10.5 or 12-2 of this Code apply.
    A board of education may appoint a student to the board to
serve in an advisory capacity. The student member shall serve
for a term as determined by the board. The board may not grant
the student member any voting privileges, but shall consider
the student member as an advisor. The student member may not
participate in or attend any executive session of the board.
(Source: P.A. 96-538, eff. 8-14-09.)
 
    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
    Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
    (a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, and no action shall lie
against them for such expulsion. Expulsion shall take place
only after the parents have been requested to appear at a
meeting of the board, or with a hearing officer appointed by
it, to discuss their child's behavior. Such request shall be
made by registered or certified mail and shall state the time,
place and purpose of the meeting. The board, or a hearing
officer appointed by it, at such meeting shall state the
reasons for dismissal and the date on which the expulsion is to
become effective. If a hearing officer is appointed by the
board he shall report to the board a written summary of the
evidence heard at the meeting and the board may take such
action thereon as it finds appropriate. An expelled pupil may
be immediately transferred to an alternative program in the
manner provided in Article 13A or 13B of this Code. A pupil
must not be denied transfer because of the expulsion, except in
cases in which such transfer is deemed to cause a threat to the
safety of students or staff in the alternative program.
    (b) To suspend or by policy to authorize the superintendent
of the district or the principal, assistant principal, or dean
of students of any school to suspend pupils guilty of gross
disobedience or misconduct, or to suspend pupils guilty of
gross disobedience or misconduct on the school bus from riding
the school bus, and no action shall lie against them for such
suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of
10 school days for safety reasons. Any suspension shall be
reported immediately to the parents or guardian of such pupil
along with a full statement of the reasons for such suspension
and a notice of their right to a review. The school board must
be given a summary of the notice, including the reason for the
suspension and the suspension length. Upon request of the
parents or guardian the school board or a hearing officer
appointed by it shall review such action of the superintendent
or principal, assistant principal, or dean of students. At such
review the parents or guardian of the pupil may appear and
discuss the suspension with the board or its hearing officer.
If a hearing officer is appointed by the board he shall report
to the board a written summary of the evidence heard at the
meeting. After its hearing or upon receipt of the written
report of its hearing officer, the board may take such action
as it finds appropriate. A pupil who is suspended in excess of
20 school days may be immediately transferred to an alternative
program in the manner provided in Article 13A or 13B of this
Code. A pupil must not be denied transfer because of the
suspension, except in cases in which such transfer is deemed to
cause a threat to the safety of students or staff in the
alternative program.
    (c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
    (d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a case by
case basis. A student who is determined to have brought one of
the following objects to school, any school-sponsored activity
or event, or any activity or event that bears a reasonable
relationship to school shall be expelled for a period of not
less than one year:
        (1) A firearm. For the purposes of this Section,
    "firearm" means any gun, rifle, shotgun, weapon as defined
    by Section 921 of Title 18 of the United States Code,
    firearm as defined in Section 1.1 of the Firearm Owners
    Identification Card Act, or firearm as defined in Section
    24-1 of the Criminal Code of 2012 1961. The expulsion
    period under this subdivision (1) may be modified by the
    superintendent, and the superintendent's determination may
    be modified by the board on a case-by-case basis.
        (2) A knife, brass knuckles or other knuckle weapon
    regardless of its composition, a billy club, or any other
    object if used or attempted to be used to cause bodily
    harm, including "look alikes" of any firearm as defined in
    subdivision (1) of this subsection (d). The expulsion
    requirement under this subdivision (2) may be modified by
    the superintendent, and the superintendent's determination
    may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the Federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code. The provisions of this
subsection (d) apply in all school districts, including special
charter districts and districts organized under Article 34.
    (d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case by case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within the
school grounds at the time the threat was made, and (iii) the
threat could be reasonably interpreted as threatening to the
safety and security of the threatened individual because of his
or her duties or employment status or status as a student
inside the school. The provisions of this subsection (d-5)
apply in all school districts, including special charter
districts and districts organized under Article 34 of this
Code.
    (e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities. The
provisions of this subsection (e) apply in all school
districts, including special charter districts and districts
organized under Article 34.
    (f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
    (g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A of
this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. This subsection (g)
applies to all school districts, including special charter
districts and districts organized under Article 34 of this
Code.
(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
7-13-12.)
 
    (105 ILCS 5/10-22.39)
    Sec. 10-22.39. In-service training programs.
    (a) To conduct in-service training programs for teachers.
    (b) In addition to other topics at in-service training
programs, school guidance counselors, teachers, school social
workers, and other school personnel who work with pupils in
grades 7 through 12 shall be trained to identify the warning
signs of suicidal behavior in adolescents and teens and shall
be taught appropriate intervention and referral techniques.
    (c) School guidance counselors, nurses, teachers and other
school personnel who work with pupils may be trained to have a
basic knowledge of matters relating to acquired
immunodeficiency syndrome (AIDS), including the nature of the
disease, its causes and effects, the means of detecting it and
preventing its transmission, and the availability of
appropriate sources of counseling and referral, and any other
information that may be appropriate considering the age and
grade level of such pupils. The School Board shall supervise
such training. The State Board of Education and the Department
of Public Health shall jointly develop standards for such
training.
    (d) In this subsection (d):
    "Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act of
1986.
    "Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 or the Criminal Code of 2012 in Sections 11-1.20, 11-1.30,
11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5, 12-12,
12-13, 12-14, 12-14.1, 12-15, and 12-16, including sexual
violence committed by perpetrators who are strangers to the
victim and sexual violence committed by perpetrators who are
known or related by blood or marriage to the victim.
    At least once every 2 years, an in-service training program
for school personnel who work with pupils, including, but not
limited to, school and school district administrators,
teachers, school guidance counselors, school social workers,
school counselors, school psychologists, and school nurses,
must be conducted by persons with expertise in domestic and
sexual violence and the needs of expectant and parenting youth
and shall include training concerning (i) communicating with
and listening to youth victims of domestic or sexual violence
and expectant and parenting youth, (ii) connecting youth
victims of domestic or sexual violence and expectant and
parenting youth to appropriate in-school services and other
agencies, programs, and services as needed, and (iii)
implementing the school district's policies, procedures, and
protocols with regard to such youth, including
confidentiality. At a minimum, school personnel must be trained
to understand, provide information and referrals, and address
issues pertaining to youth who are parents, expectant parents,
or victims of domestic or sexual violence.
    (e) At least every 2 years, an in-service training program
for school personnel who work with pupils must be conducted by
persons with expertise in anaphylactic reactions and
management.
    (f) At least once every 2 years, a school board shall
conduct in-service training on educator ethics,
teacher-student conduct, and school employee-student conduct
for all personnel.
(Source: P.A. 95-558, eff. 8-30-07; 96-349, eff. 8-13-09;
96-431, eff. 8-13-09; 96-951, eff. 6-28-10; 96-1000, eff.
7-2-10; 96-1551, eff. 7-1-11.)
 
    (105 ILCS 5/10-27.1A)
    Sec. 10-27.1A. Firearms in schools.
    (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
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 1961 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
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 Department of
State Police in a form, manner, and frequency as prescribed by
the 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 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. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
 
    (105 ILCS 5/14-6.02)  (from Ch. 122, par. 14-6.02)
    Sec. 14-6.02. Service animals. Service animals such as
guide dogs, signal dogs or any other animal individually
trained to perform tasks for the benefit of a student with a
disability shall be permitted to accompany that student at all
school functions, whether in or outside the classroom. For the
purposes of this Section, "service animal" has the same meaning
as in Section 48-8 of the Criminal Code of 2012 1 of the
Service Animal Access Act.
(Source: P.A. 97-956, eff. 8-14-12; revised 9-20-12.)
 
    (105 ILCS 5/21B-80)
    Sec. 21B-80. Conviction of certain offenses as grounds for
revocation of license.
    (a) As used in this Section:
    "Narcotics offense" means any one or more of the following
offenses:
        (1) Any offense defined in the Cannabis Control Act,
    except those defined in subdivisions (a) and (b) of Section
    4 and subdivision (a) of Section 5 of the Cannabis Control
    Act and any offense for which the holder of a license is
    placed on probation under the provisions of Section 10 of
    the Cannabis Control Act, provided that if the terms and
    conditions of probation required by the court are not
    fulfilled, the offense is not eligible for this exception.
        (2) Any offense defined in the Illinois Controlled
    Substances Act, except any offense for which the holder of
    a license is placed on probation under the provisions of
    Section 410 of the Illinois Controlled Substances Act,
    provided that if the terms and conditions of probation
    required by the court are not fulfilled, the offense is not
    eligible for this exception.
        (3) Any offense defined in the Methamphetamine Control
    and Community Protection Act, except any offense for which
    the holder of a license is placed on probation under the
    provision of Section 70 of that Act, provided that if the
    terms and conditions of probation required by the court are
    not fulfilled, the offense is not eligible for this
    exception.
        (4) Any attempt to commit any of the offenses listed in
    items (1) through (3) of this definition.
        (5) 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 the offenses listed in items
    (1) through (4) of this definition.
The changes made by Public Act 96-431 to the definition of
"narcotics offense" are declaratory of existing law.
    "Sex offense" means any one or more of the following
offenses:
        (A) Any offense defined in Sections 11-6, 11-9 through
    11-9.5, inclusive, and 11-30, of the Criminal Code of 1961
    or the Criminal Code of 2012; Sections 11-14 through 11-21,
    inclusive, of the Criminal Code of 1961 or the Criminal
    Code of 2012; Sections 11-23 (if punished as a Class 3
    felony), 11-24, 11-25, and 11-26 of the Criminal Code of
    1961 or the Criminal Code of 2012; and Sections 11-1.20,
    11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-4.9, 12-13, 12-14,
    12-14.1, 12-15, 12-16, 12-32, 12-33, and 12C-45 of the
    Criminal Code of 1961 or the Criminal Code of 2012.
        (B) Any attempt to commit any of the offenses listed in
    item (A) of this definition.
        (C) Any offense committed or attempted in any other
    state that, if committed or attempted in this State, would
    have been punishable as one or more of the offenses listed
    in items (A) and (B) of this definition.
    (b) Whenever the holder of any license issued pursuant to
this Article has been convicted of any sex offense or narcotics
offense, the State Superintendent of Education shall forthwith
suspend the license. If the conviction is reversed and the
holder is acquitted of the offense in a new trial or the
charges against him or her are dismissed, the State
Superintendent of Education shall forthwith terminate the
suspension of the license. When the conviction becomes final,
the State Superintendent of Education shall forthwith revoke
the license.
    (c) Whenever the holder of a license issued pursuant to
this Article has been convicted of attempting to commit,
conspiring to commit, soliciting, or committing first degree
murder or a Class X felony 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 the foregoing offenses,
the State Superintendent of Education shall forthwith suspend
the license. If the conviction is reversed and the holder is
acquitted of that offense in a new trial or the charges that he
or she committed that offense are dismissed, the State
Superintendent of Education shall forthwith terminate the
suspension of the license. When the conviction becomes final,
the State Superintendent of Education shall forthwith revoke
the license.
(Source: P.A. 97-607, eff. 8-26-11; incorporates 96-1551, eff.
7-1-11; 97-1109, eff. 1-1-13.)
 
    (105 ILCS 5/27-9.1)  (from Ch. 122, par. 27-9.1)
    Sec. 27-9.1. Sex Education.
    (a) No pupil shall be required to take or participate in
any class or course in comprehensive sex education if his
parent or guardian submits written objection thereto, and
refusal to take or participate in such course or program shall
not be reason for suspension or expulsion of such pupil. Each
class or course in comprehensive sex education offered in any
of grades 6 through 12 shall include instruction on the
prevention, transmission and spread of AIDS. Nothing in this
Section prohibits instruction in sanitation, hygiene or
traditional courses in biology.
    (b) All public elementary, junior high, and senior high
school classes that teach sex education and discuss sexual
intercourse shall emphasize that abstinence is the expected
norm in that abstinence from sexual intercourse is the only
protection that is 100% effective against unwanted teenage
pregnancy, sexually transmitted diseases, and acquired immune
deficiency syndrome (AIDS) when transmitted sexually.
    (c) All sex education courses that discuss sexual
intercourse shall satisfy the following criteria:
        (1) Course material and instruction shall be age
    appropriate.
        (2) Course material and instruction shall teach honor
    and respect for monogamous heterosexual marriage.
        (3) Course material and instruction shall stress that
    pupils should abstain from sexual intercourse until they
    are ready for marriage.
        (4) Course material and instruction shall include a
    discussion of the possible emotional and psychological
    consequences of preadolescent and adolescent sexual
    intercourse outside of marriage and the consequences of
    unwanted adolescent pregnancy.
        (5) Course material and instruction shall stress that
    sexually transmitted diseases are serious possible hazards
    of sexual intercourse. Pupils shall be provided with
    statistics based on the latest medical information citing
    the failure and success rates of condoms in preventing AIDS
    and other sexually transmitted diseases.
        (6) Course material and instruction shall advise
    pupils of the laws pertaining to their financial
    responsibility to children born in and out of wedlock.
        (7) Course material and instruction shall advise
    pupils of the circumstances under which it is unlawful for
    males to have sexual relations with females under the age
    of 18 to whom they are not married pursuant to Article 11
    12 of the Criminal Code of 2012 1961, as now or hereafter
    amended.
        (8) Course material and instruction shall teach pupils
    to not make unwanted physical and verbal sexual advances
    and how to say no to unwanted sexual advances. Pupils shall
    be taught that it is wrong to take advantage of or to
    exploit another person. The material and instruction shall
    also encourage youth to resist negative peer pressure.
        (9) (Blank).
        (10) Course material and instruction shall teach
    pupils about the dangers associated with drug and alcohol
    consumption during pregnancy.
    (d) An opportunity shall be afforded to parents or
guardians to examine the instructional materials to be used in
such class or course.
(Source: P.A. 96-1082, eff. 7-16-10.)
 
    (105 ILCS 5/33-2)  (from Ch. 122, par. 33-2)
    Sec. 33-2. Eligibility. To be eligible for election to the
board, a person shall be a citizen of the United States, shall
have been a resident of the district for at least one year
immediately preceding his or her election, and shall not be a
child sex offender as defined in Section 11-9.3 of the Criminal
Code of 2012 1961. Permanent removal from the district by any
member constitutes a resignation from and creates a vacancy in
the board. Board members shall serve without compensation.
    Notwithstanding any provisions to the contrary in any
special charter, petitions nominating candidates for the board
of education shall be signed by at least 200 voters of the
district; and the polls, whether they be located within a city
lying in the district or outside of a city, shall remain open
during the hours specified in the Election Code.
(Source: P.A. 93-309, eff. 1-1-04.)
 
    (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
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
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
    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
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
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
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 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
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
    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
    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
    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
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
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
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.
(Source: P.A. 95-1015, eff. 12-15-08; 96-1412, eff. 1-1-11;
96-1551, eff. 7-1-11.)
 
    (105 ILCS 5/34-4)  (from Ch. 122, par. 34-4)
    Sec. 34-4. Eligibility. To be eligible for appointment to
the board, a person shall be a citizen of the United States,
shall be a registered voter as provided in the Election Code,
shall have been a resident of the city for at least 3 years
immediately preceding his or her appointment, and shall not be
a child sex offender as defined in Section 11-9.3 of the
Criminal Code of 2012 1961. Permanent removal from the city by
any member of the board during his term of office constitutes a
resignation therefrom and creates a vacancy in the board.
Except for the President of the Chicago School Reform Board of
Trustees who may be paid compensation for his or her services
as chief executive officer as determined by the Mayor as
provided in subsection (a) of Section 34-3, board members shall
serve without any compensation; provided, that board members
shall be reimbursed for expenses incurred while in the
performance of their duties upon submission of proper receipts
or upon submission of a signed voucher in the case of an
expense allowance evidencing the amount of such reimbursement
or allowance to the president of the board for verification and
approval. The board of education may continue to provide health
care insurance coverage, employer pension contributions,
employee pension contributions, and life insurance premium
payments for an employee required to resign from an
administrative, teaching, or career service position in order
to qualify as a member of the board of education. They shall
not hold other public office under the Federal, State or any
local government other than that of Director of the Regional
Transportation Authority, member of the economic development
commission of a city having a population exceeding 500,000,
notary public or member of the National Guard, and by accepting
any such office while members of the board, or by not resigning
any such office held at the time of being appointed to the
board within 30 days after such appointment, shall be deemed to
have vacated their membership in the board.
(Source: P.A. 93-309, eff. 1-1-04.)
 
    (105 ILCS 5/34-84a.1)  (from Ch. 122, par. 34-84a.1)
    Sec. 34-84a.1. Principals shall report incidents of
intimidation. The principal of each attendance center shall
promptly notify and report to the local law enforcement
authorities for inclusion in the Department of State Police's
Illinois Uniform Crime Reporting Program each incident of
intimidation of which he or she has knowledge and each alleged
incident of intimidation which is reported to him or her,
either orally or in writing, by any pupil or by any teacher or
other certificated or non-certificated personnel employed at
the attendance center. "Intimidation" shall have the meaning
ascribed to it by Section 12-6 of the Criminal Code of 2012
1961.
(Source: P.A. 91-357, eff. 7-29-99.)
 
    (105 ILCS 5/34-84b)  (from Ch. 122, par. 34-84b)
    Sec. 34-84b. Conviction of sex or narcotics offense, first
degree murder, attempted first degree murder, or Class X felony
as grounds for revocation of certificate.
    (a) Whenever the holder of any certificate issued by the
board of education has been convicted of any sex offense or
narcotics offense as defined in this Section, the board of
education shall forthwith suspend the certificate. If the
conviction is reversed and the holder is acquitted of the
offense in a new trial or the charges against him are
dismissed, the board shall forthwith terminate the suspension
of the certificate. When the conviction becomes final, the
board shall forthwith revoke the certificate. "Sex offense" as
used in this Section means any one or more of the following
offenses: (1) any offense defined in Sections 11-6, 11-9, and
11-30, Sections 11-14 through 11-21, inclusive, and Sections
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
12-14.1, 12-15 and 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012; (2) any attempt to commit any of the
foregoing offenses, and (3) any offense committed or attempted
in any other state which, if committed or attempted in this
State, would have been punishable as one or more of the
foregoing offenses. "Narcotics offense" as used in this Section
means any one or more of the following offenses: (1) any
offense defined in the Cannabis Control Act except those
defined in Sections 4(a), 4(b) and 5(a) of that Act and any
offense for which the holder of any certificate is placed on
probation under the provisions of Section 10 of that Act and
fulfills the terms and conditions of probation as may be
required by the court; (2) any offense defined in the Illinois
Controlled Substances Act except any offense for which the
holder of any certificate is placed on probation under the
provisions of Section 410 of that Act and fulfills the terms
and conditions of probation as may be required by the court;
(3) any offense defined in the Methamphetamine Control and
Community Protection Act except any offense for which the
holder of any certificate is placed on probation under the
provision of Section 70 of that Act and fulfills the terms and
conditions of probation as may be required by the court; (4)
any attempt to commit any of the foregoing offenses; and (5)
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.
    (b) Whenever the holder of any certificate issued by the
board of education or pursuant to Article 21 or any other
provisions of the School Code has been convicted of first
degree murder, attempted first degree murder, or a Class X
felony, the board of education or the State Superintendent of
Education shall forthwith suspend the certificate. If the
conviction is reversed and the holder is acquitted of that
offense in a new trial or the charges that he or she committed
that offense are dismissed, the suspending authority shall
forthwith terminate the suspension of the certificate. When the
conviction becomes final, the State Superintendent of
Education shall forthwith revoke the certificate. The stated
offenses of "first degree murder", "attempted first degree
murder", and "Class X felony" referred to in this Section
include any offense committed in another state that, if
committed in this State, would have been punishable as any one
of the stated offenses.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    Section 240. The Medical School Matriculant Criminal
History Records Check Act is amended by changing Section 5 as
follows:
 
    (110 ILCS 57/5)
    Sec. 5. Definitions.
    "Matriculant" means an individual who is conditionally
admitted as a student to a medical school located in Illinois,
pending the medical school's consideration of his or her
criminal history records check under this Act.
    "Sex offender" means any person who is convicted pursuant
to Illinois law or any substantially similar federal, Uniform
Code of Military Justice, sister state, or foreign country law
with any of the following sex offenses set forth in the
Criminal Code of 1961 or the Criminal Code of 2012:
        (1) Indecent solicitation of a child.
        (2) Sexual exploitation of a child.
        (3) Custodial sexual misconduct.
        (4) Exploitation of a child.
        (5) Child pornography.
        (6) Aggravated child pornography.
    "Violent felony" means any of the following offenses, as
defined by the Criminal Code of 1961 or the Criminal Code of
2012:
        (1) First degree murder.
        (2) Second degree murder.
        (3) Predatory criminal sexual assault of a child.
        (4) Aggravated criminal sexual assault.
        (5) Criminal sexual assault.
        (6) Aggravated arson.
        (7) Aggravated kidnapping.
        (8) Kidnapping.
        (9) Aggravated battery resulting in great bodily harm
    or permanent disability or disfigurement.
(Source: P.A. 96-1551, eff. 7-1-11.)
 
    Section 245. The Board of Higher Education Act is amended
by changing Section 9.21 as follows:
 
    (110 ILCS 205/9.21)  (from Ch. 144, par. 189.21)
    Sec. 9.21. Human Relations.
    (a) The Board shall monitor, budget, evaluate, and report
to the General Assembly in accordance with Section 9.16 of this
Act on programs to improve human relations to include race,
ethnicity, gender and other issues related to improving human
relations. The programs shall at least:
        (1) require each public institution of higher
    education to include, in the general education
    requirements for obtaining a degree, coursework on
    improving human relations to include race, ethnicity,
    gender and other issues related to improving human
    relations to address racism and sexual harassment on their
    campuses, through existing courses;
        (2) require each public institution of higher
    education to report monthly to the Department of Human
    Rights and the Attorney General on each adjudicated case in
    which a finding of racial, ethnic or religious intimidation
    or sexual harassment made in a grievance, affirmative
    action or other proceeding established by that institution
    to investigate and determine allegations of racial, ethnic
    or religious intimidation and sexual harassment; and
        (3) require each public institution of higher
    education to forward to the local State's Attorney any
    report received by campus security or by a university
    police department alleging the commission of a hate crime
    as defined under Section 12-7.1 of the Criminal Code of
    2012 1961.
(Source: P.A. 90-655, eff. 7-30-98.)
 
    Section 250. The Residential Mortgage License Act of 1987
is amended by changing Section 4-7 as follows:
 
    (205 ILCS 635/4-7)
    Sec. 4-7. Additional investigation and examination
authority. In addition to any authority allowed under this Act,
the Director shall have the authority to conduct investigations
and examinations as follows:
    (a) For purposes of initial licensing, license renewal,
license suspension, license conditioning, license revocation
or termination, or general or specific inquiry or investigation
to determine compliance with this Act, the Commissioner shall
have the authority to access, receive, and use any books,
accounts, records, files, documents, information, or evidence
including, but not limited to, the following:
        (1) criminal, civil, and administrative history
    information, including nonconviction data as specified in
    the Criminal Code of 2012 1961;
        (2) personal history and experience information,
    including independent credit reports obtained from a
    consumer reporting agency described in Section 603(p) of
    the federal Fair Credit Reporting Act; and
        (3) any other documents, information, or evidence the
    Commissioner deems relevant to the inquiry or
    investigation regardless of the location, possession,
    control, or custody of the documents, information, or
    evidence.
    (b) For the purposes of investigating violations or
complaints arising under this Act, or for the purposes of
examination, the Commissioner may review, investigate, or
examine any licensee, individual, or person subject to this
Act, as often as necessary in order to carry out the purposes
of this Act. The Commissioner may direct, subpoena, or order
the attendance of and examine under oath all persons whose
testimony may be required about the loans or the business or
subject matter of any such examination or investigation, and
may direct, subpoena, or order the person to produce books,
accounts, records, files, and any other documents the
Commissioner deems relevant to the inquiry.
    (c) Each licensee, individual, or person subject to this
Act shall make available to the Commissioner upon request the
books and records relating to the operations of such licensee,
individual, or person subject to this Act. The Commissioner
shall have access to such books and records and interview the
officers, principals, mortgage loan originators, employees,
independent contractors, agents, and customers of the
licensee, individual, or person subject to this Act concerning
their business.
    (d) Each licensee, individual, or person subject to this
Act shall make or compile reports or prepare other information
as directed by the Commissioner in order to carry out the
purposes of this Section including, but not limited to:
        (1) accounting compilations;
        (2) information lists and data concerning loan
    transactions in a format prescribed by the Commissioner; or
        (3) other information deemed necessary to carry out the
    purposes of this Section.
    (e) In making any examination or investigation authorized
by this Act, the Commissioner may control access to any
documents and records of the licensee or person under
examination or investigation. The Commissioner may take
possession of the documents and records or place a person in
exclusive charge of the documents and records in the place
where they are usually kept. During the period of control, no
individual or person shall remove or attempt to remove any of
the documents and records except pursuant to a court order or
with the consent of the Commissioner. Unless the Commissioner
has reasonable grounds to believe the documents or records of
the licensee have been, or are at risk of being altered or
destroyed for purposes of concealing a violation of this Act,
the licensee or owner of the documents and records shall have
access to the documents or records as necessary to conduct its
ordinary business affairs.
    (f) In order to carry out the purposes of this Section, the
Commissioner may:
        (1) retain attorneys, accountants, or other
    professionals and specialists as examiners, auditors, or
    investigators to conduct or assist in the conduct of
    examinations or investigations;
        (2) enter into agreements or relationships with other
    government officials or regulatory associations in order
    to improve efficiencies and reduce regulatory burden by
    sharing resources, standardized or uniform methods or
    procedures, and documents, records, information or
    evidence obtained under this Section;
        (3) use, hire, contract, or employ public or privately
    available analytical systems, methods, or software to
    examine or investigate the licensee, individual, or person
    subject to this Act;
        (4) accept and rely on examination or investigation
    reports made by other government officials, within or
    without this State; or
        (5) accept audit reports made by an independent
    certified public accountant for the licensee, individual,
    or person subject to this Act in the course of that part of
    the examination covering the same general subject matter as
    the audit and may incorporate the audit report in the
    report of the examination, report of investigation, or
    other writing of the Commissioner.
    (g) The authority of this Section shall remain in effect,
whether such a licensee, individual, or person subject to this
Act acts or claims to act under any licensing or registration
law of this State, or claims to act without the authority.
    (h) No licensee, individual, or person subject to
investigation or examination under this Section may knowingly
withhold, abstract, remove, mutilate, destroy, or secrete any
books, records, computer records, or other information.
(Source: P.A. 96-112, eff. 7-31-09.)
 
    Section 255. The Nursing Home Care Act is amended by
changing Section 3-702 as follows:
 
    (210 ILCS 45/3-702)  (from Ch. 111 1/2, par. 4153-702)
    Sec. 3-702. (a) A person who believes that this Act or a
rule promulgated under this Act may have been violated may
request an investigation. The request may be submitted to the
Department in writing, by telephone, or by personal visit. An
oral complaint shall be reduced to writing by the Department.
The Department shall request information identifying the
complainant, including the name, address and telephone number,
to help enable appropriate follow-up. The Department shall act
on such complaints via on-site visits or other methods deemed
appropriate to handle the complaints with or without such
identifying information, as otherwise provided under this
Section. The complainant shall be informed that compliance with
such request is not required to satisfy the procedures for
filing a complaint under this Act.
    (b) The substance of the complaint shall be provided in
writing to the licensee, owner or administrator no earlier than
at the commencement of an on-site inspection of the facility
which takes place pursuant to the complaint.
    (c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
    (d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this Act
has been or is being violated. The Department shall investigate
all complaints alleging abuse or neglect within 7 days after
the receipt of the complaint except that complaints of abuse or
neglect which indicate that a resident's life or safety is in
imminent danger shall be investigated within 24 hours after
receipt of the complaint. All other complaints shall be
investigated within 30 days after the receipt of the complaint.
The Department employees investigating a complaint shall
conduct a brief, informal exit conference with the facility to
alert its administration of any suspected serious deficiency
that poses a direct threat to the health, safety or welfare of
a resident to enable an immediate correction for the
alleviation or elimination of such threat. Such information and
findings discussed in the brief exit conference shall become a
part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided
under Section 3-301. All complaints shall be classified as "an
invalid report", "a valid report", or "an undetermined report".
For any complaint classified as "a valid report", the
Department must determine within 30 working days if any rule or
provision of this Act has been or is being violated.
    (d-1) The Department shall, whenever possible, combine an
on-site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
    (e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its determination
unless otherwise indicated by the complainant, and the
complainant may direct the Department to send a copy of such
findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
    (f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his consent.
    (g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given notice
of any such hearing and may participate in the hearing as a
party. If a facility requests a hearing under Section 3-703
which concerns a matter covered by a complaint, the complainant
shall be given notice and may participate in the hearing as a
party. A request for a hearing by either a complainant or a
facility shall be submitted in writing to the Department within
30 days after the mailing of the Department's findings as
described in subsection (e) of this Section. Upon receipt of
the request the Department shall conduct a hearing as provided
under Section 3-703.
    (h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the "Criminal Code of 2012
1961".
(Source: P.A. 85-1378.)
 
    Section 260. The ID/DD Community Care Act is amended by
changing Section 3-702 as follows:
 
    (210 ILCS 47/3-702)
    Sec. 3-702. Request for investigation of violation.
    (a) A person who believes that this Act or a rule
promulgated under this Act may have been violated may request
an investigation. The request may be submitted to the
Department in writing, by telephone, or by personal visit. An
oral complaint shall be reduced to writing by the Department.
The Department shall request information identifying the
complainant, including the name, address and telephone number,
to help enable appropriate follow up. The Department shall act
on such complaints via on-site visits or other methods deemed
appropriate to handle the complaints with or without such
identifying information, as otherwise provided under this
Section. The complainant shall be informed that compliance with
such request is not required to satisfy the procedures for
filing a complaint under this Act.
    (b) The substance of the complaint shall be provided in
writing to the licensee, owner or administrator no earlier than
at the commencement of an on-site inspection of the facility
which takes place pursuant to the complaint.
    (c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person
making the on-site inspection of the facility.
    (d) Upon receipt of a complaint, the Department shall
determine whether this Act or a rule promulgated under this Act
has been or is being violated. The Department shall investigate
all complaints alleging abuse or neglect within 7 days after
the receipt of the complaint except that complaints of abuse or
neglect which indicate that a resident's life or safety is in
imminent danger shall be investigated within 24 hours after
receipt of the complaint. All other complaints shall be
investigated within 30 days after the receipt of the complaint.
The Department employees investigating a complaint shall
conduct a brief, informal exit conference with the facility to
alert its administration of any suspected serious deficiency
that poses a direct threat to the health, safety or welfare of
a resident to enable an immediate correction for the
alleviation or elimination of such threat. Such information and
findings discussed in the brief exit conference shall become a
part of the investigating record but shall not in any way
constitute an official or final notice of violation as provided
under Section 3-301. All complaints shall be classified as "an
invalid report", "a valid report", or "an undetermined report".
For any complaint classified as "a valid report", the
Department must determine within 30 working days if any rule or
provision of this Act has been or is being violated.
    (d-1) The Department shall, whenever possible, combine an
on site investigation of a complaint in a facility with other
inspections in order to avoid duplication of inspections.
    (e) In all cases, the Department shall inform the
complainant of its findings within 10 days of its determination
unless otherwise indicated by the complainant, and the
complainant may direct the Department to send a copy of such
findings to another person. The Department's findings may
include comments or documentation provided by either the
complainant or the licensee pertaining to the complaint. The
Department shall also notify the facility of such findings
within 10 days of the determination, but the name of the
complainant or residents shall not be disclosed in this notice
to the facility. The notice of such findings shall include a
copy of the written determination; the correction order, if
any; the warning notice, if any; the inspection report; or the
State licensure form on which the violation is listed.
    (f) A written determination, correction order, or warning
notice concerning a complaint, together with the facility's
response, shall be available for public inspection, but the
name of the complainant or resident shall not be disclosed
without his or her consent.
    (g) A complainant who is dissatisfied with the
determination or investigation by the Department may request a
hearing under Section 3-703. The facility shall be given notice
of any such hearing and may participate in the hearing as a
party. If a facility requests a hearing under Section 3-703
which concerns a matter covered by a complaint, the complainant
shall be given notice and may participate in the hearing as a
party. A request for a hearing by either a complainant or a
facility shall be submitted in writing to the Department within
30 days after the mailing of the Department's findings as
described in subsection (e) of this Section. Upon receipt of
the request the Department shall conduct a hearing as provided
under Section 3-703.
    (h) Any person who knowingly transmits a false report to
the Department commits the offense of disorderly conduct under
subsection (a)(8) of Section 26-1 of the Criminal Code of 2012
1961.
(Source: P.A. 96-339, eff. 7-1-10.)
 
    Section 265. The Specialized Mental Health Rehabilitation
Act is amended by changing Section 3-702 as follows:
 
    (210 ILCS 48/3-702)
    Sec. 3-702. Request for investigation of violation.
    (a) A person who believes that this Act or a rule
promulgated under this Act may have been violated may request
an investigation. The request may be submitted to the
Department in writing, by telephone, or by personal visit. An
oral complaint shall be reduced to writing by the Department.
The Department shall request information identifying the
complainant, including the name, address and telephone number,
to help enable appropriate follow up. The Department shall act
on such complaints via on-site visits or other methods deemed
appropriate to handle the complaints with or without such
identifying information, as otherwise provided under this
Section. The complainant shall be informed that compliance with
such request is not required to satisfy the procedures for
filing a complaint under this Act.
    (b) The substance of the complaint shall be provided in
writing to the licensee, owner or administrator no earlier than
at the commencement of an on-site inspection of the facility
which takes place pursuant to the complaint.
    (c) The Department shall not disclose the name of the
complainant unless the complainant consents in writing to the
disclosure or the investigation results in a judicial
proceeding, or unless disclosure is essential to the
investigation. The complainant shall be given the opportunity
to withdraw the complaint before disclosure. Upon the request
of the complainant, the Department may permit the complainant
or a representative of the complainant to accompany the person