|
| | HB3653 Enrolled | - 2 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section 2-5. Electronic records. The Department shall |
2 | | collect and maintain an electronic record of the legal |
3 | | residence, outside of any correctional facility, and other |
4 | | demographic data for each person in custody or entering custody |
5 | | on or after the effective date of this Act. At a minimum, this |
6 | | record shall contain the person's last known complete street |
7 | | address prior to incarceration, the person's race, whether the |
8 | | person is of Hispanic or Latino origin, and whether the person |
9 | | is 18 years of age or older. To the degree possible, the |
10 | | Department shall also allow the legal residence to be updated |
11 | | as appropriate. |
12 | | Section 2-10. Reports to the State Board of Elections. |
13 | | (a) Within 30 days after the effective date of this Act, |
14 | | and thereafter, on or before May 1 of each year where the |
15 | | federal decennial census is taken but in which the United |
16 | | States Bureau of the Census allocates incarcerated persons as |
17 | | residents of correctional facilities, the Department shall |
18 | | deliver to the State Board of Elections the following |
19 | | information: |
20 | | (1) A unique identifier, not including the name or |
21 | | Department-assigned inmate number, for each incarcerated |
22 | | person subject to the jurisdiction of the Department on the |
23 | | date for which the decennial census reports population. The |
24 | | unique identifier shall enable the State Board of Elections |
25 | | to address inquiries about specific address records to the |
|
| | HB3653 Enrolled | - 3 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Department, without making it possible for anyone outside |
2 | | of the Department to identify the inmate to whom the |
3 | | address record pertains. |
4 | | (2) The street address of the correctional facility |
5 | | where the person was incarcerated at the time of the |
6 | | report. |
7 | | (3) The last known address of the person prior to |
8 | | incarceration or other legal residence, if known. |
9 | | (4) The person's race, whether the person is of |
10 | | Hispanic or Latino origin, and whether the person is age 18 |
11 | | or older, if known. |
12 | | (5) Any additional information as the State Board of |
13 | | Elections may request pursuant to law. |
14 | | (b) The Department shall provide the information specified |
15 | | in subsection (a) in the form that the State Board of Elections |
16 | | shall specify. |
17 | | (c) Notwithstanding any other provision of law, the |
18 | | information required to be provided to the State Board of |
19 | | Elections pursuant to this Section shall not include the name |
20 | | of any incarcerated person and shall not allow for the |
21 | | identification of any person therefrom, except to the |
22 | | Department. The information shall be treated as confidential |
23 | | and shall not be disclosed by the State Board of Elections |
24 | | except as redistricting data aggregated by census block for |
25 | | purposes specified in Section 2-20. |
|
| | HB3653 Enrolled | - 4 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section 2-15. Federal facilities. The State Board of |
2 | | Elections shall request each agency that operates a federal |
3 | | facility in this State that incarcerates persons convicted of a |
4 | | criminal offense to provide the State Board of Elections with a |
5 | | report that includes the information listed in subsection (a) |
6 | | of Section 2-10. |
7 | | Section 2-20. State Board of Elections; redistricting |
8 | | data. The State Board of Elections shall prepare redistricting |
9 | | population data to reflect incarcerated persons at their |
10 | | residential address, pursuant to Section 2-25. The data |
11 | | prepared by the State Board of Elections shall be the basis of |
12 | | the Legislative and Representative Districts required to be |
13 | | created pursuant to Section 3 of Article IV of the Illinois |
14 | | Constitution of 1970. Incarcerated populations residing at |
15 | | unknown geographic locations within the State, as determined |
16 | | under paragraph (2) of subsection (c) of Section 2-25, shall |
17 | | not be used to determine the ideal population of any set of |
18 | | districts, wards, or precincts. |
19 | | Section 2-25. Determinations and data publication by the |
20 | | State Board of Elections. |
21 | | (a) For each person included in a report received under |
22 | | Sections 2-10 and 2-15, the State Board of Elections shall |
23 | | determine the geographic units for which population counts are |
24 | | reported in the federal decennial census that contain the |
|
| | HB3653 Enrolled | - 5 - | LRB101 05541 RLC 50557 b |
|
|
1 | | facility of incarceration and the legal residence as listed |
2 | | according to the report. |
3 | | (b) For each person included in a report received under |
4 | | Sections 2-10 and 2-15, if the legal residence is known and in |
5 | | this State, the State Board of Elections shall: |
6 | | (1) ensure that the person is not represented in any |
7 | | population counts reported by the State Board of Elections |
8 | | for the geographic units that include the facility where |
9 | | the person was incarcerated, unless that geographic unit |
10 | | also includes the person's legal residence; and |
11 | | (2) ensure that any population counts reported by the |
12 | | State Board of Elections reflect the person's residential |
13 | | address as reported under Sections 2-10 and 2-15. |
14 | | (c) For each person included in a report received under |
15 | | Sections 2-10 and 2-15 for whom a legal residence is unknown or |
16 | | not in this State and for all persons reported in the census as |
17 | | residing in a federal correctional facility for whom a report |
18 | | was not provided, the State Board of Elections shall: |
19 | | (1) ensure that the person is not represented in any |
20 | | population counts reported by the State Board of Elections |
21 | | for the geographic units that include the facility where |
22 | | the person was incarcerated; and |
23 | | (2) allocate the person to a State unit not tied to a |
24 | | specific determined geographic location, as other State |
25 | | residents with unknown State addresses are allocated. |
26 | | (d) The data prepared by the State Board of Elections |
|
| | HB3653 Enrolled | - 6 - | LRB101 05541 RLC 50557 b |
|
|
1 | | pursuant to this Section shall be completed and published no |
2 | | later than 30 days after the date that federal decennial census |
3 | | data required to be published by Public Law 94-171 is published |
4 | | for the State of Illinois. |
5 | | Section 2-30. Data; Legislative and Representative |
6 | | Districts. The data prepared by the State Board of Elections in |
7 | | Section 2-25 shall be used only as the basis for determining |
8 | | Legislative and Representative Districts. Residences at |
9 | | unknown geographic locations within the State under subsection |
10 | | (c) of Section 2-25 shall not be used to determine the ideal |
11 | | population of any set of districts, wards, or precincts. The |
12 | | data prepared by the State Board of Elections in Section 2-25 |
13 | | shall not be used in the distribution of any State or federal |
14 | | aid. |
15 | | Article 3. |
16 | | Deaths in Custody |
17 | | Section 3-1. Short title. This Article may be cited as the
|
18 | | Reporting of Deaths in Custody Act. References in this Article |
19 | | to "this Act" mean this Article.
|
20 | | Section 3-5. Report of deaths of persons in custody in
|
21 | | correctional institutions.
|
22 | | (a) In this Act, "law enforcement agency" includes each law
|
|
| | HB3653 Enrolled | - 7 - | LRB101 05541 RLC 50557 b |
|
|
1 | | enforcement entity within this State having the authority to
|
2 | | arrest and detain persons suspected of, or charged with,
|
3 | | committing a criminal offense, and each law enforcement entity
|
4 | | that operates a lock up, jail, prison, or any other facility
|
5 | | used to detain persons for legitimate law enforcement purposes. |
6 | | (b) In any case in which a person dies:
|
7 | | (1) while in the custody of:
|
8 | | (A) a law enforcement agency; |
9 | | (B) a local or State correctional facility in this
|
10 | | State; or
|
11 | | (C) a peace officer; or
|
12 | | (2) as a result of the peace officer's use of force,
|
13 | | the law enforcement agency shall investigate and report the
|
14 | | death in writing to the Illinois Criminal Justice |
15 | | Information Authority, no later than 30 days
after the date |
16 | | on which the person in custody or incarcerated
died. The |
17 | | written report shall contain the following
information: |
18 | | (A) facts concerning the death that are in the |
19 | | possession of the law enforcement agency in charge of |
20 | | the
investigation and the correctional facility where |
21 | | the
death occurred including, but not limited to, race, |
22 | | age, and gender of the decedent, and a brief |
23 | | description of the circumstances surrounding the |
24 | | death;
|
25 | | (B) if the death occurred in
the custody of the |
26 | | Illinois
Department of
Corrections, the report
shall |
|
| | HB3653 Enrolled | - 8 - | LRB101 05541 RLC 50557 b |
|
|
1 | | also include the jurisdiction, the law enforcement |
2 | | agency
providing the investigation, and the local or |
3 | | State
facility where the death occurred; |
4 | | (C) if the death occurred in
the custody of the |
5 | | Illinois
Department of
Corrections, the report
shall |
6 | | also include if emergency care was requested by the law
|
7 | | enforcement agency in response to any illness, injury, |
8 | | self-inflicted or otherwise, or other issue related to
|
9 | | rapid deterioration of physical wellness or human
|
10 | | subsistence, and details concerning emergency care |
11 | | that
were provided to the decedent if emergency care |
12 | | was
provided. |
13 | | (c) The law enforcement agency and the involved
|
14 | | correctional administrators shall make a good faith effort to |
15 | | obtain all relevant facts and circumstances relevant to the
|
16 | | death and include those in the report. |
17 | | (d) The Illinois Criminal Justice Information Authority |
18 | | shall create a standardized form
to be used for the purpose of |
19 | | collecting information as
described in subsection (b). |
20 | | (e) Law enforcement agencies shall use the form described
|
21 | | in subsection (d) to report all cases in which a person dies:
|
22 | | (1) while in the custody of:
|
23 | | (A) a law enforcement agency;
|
24 | | (B) a local or State correctional facility in this |
25 | | State; or |
26 | | (C) a peace officer; or
|
|
| | HB3653 Enrolled | - 9 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (2) as a result of the peace officer's use of force. |
2 | | (f) The Illinois Criminal Justice Information Authority |
3 | | may determine the manner in which
the form is transmitted from |
4 | | a law enforcement agency to the
Illinois Criminal Justice |
5 | | Information Authority. |
6 | | (g) The reports shall be public records within the meaning
|
7 | | of subsection (c) of Section 2 of the Freedom of Information
|
8 | | Act and are open to public inspection, with the exception of
|
9 | | any portion of the report that the Illinois Criminal Justice |
10 | | Information Authority determines
is privileged or protected |
11 | | under Illinois or federal law. |
12 | | (h) The Illinois Criminal Justice Information Authority |
13 | | shall make available to the public
information of all |
14 | | individual reports relating to deaths in
custody through the |
15 | | Illinois Criminal Justice Information Authority's website to |
16 | | be updated on
a quarterly basis. |
17 | | (i) The Illinois Criminal Justice Information Authority |
18 | | shall issue a public annual report
tabulating and evaluating |
19 | | trends and information on deaths in
custody, including, but not |
20 | | limited to: |
21 | | (1) information regarding the race,
gender, sexual |
22 | | orientation, and gender identity of the decedent; and a |
23 | | brief description
of the circumstances
surrounding the |
24 | | death;
|
25 | | (2) if the death occurred in
the custody of the |
26 | | Illinois
Department of
Corrections, the report
shall also |
|
| | HB3653 Enrolled | - 10 - | LRB101 05541 RLC 50557 b |
|
|
1 | | include the jurisdiction, law enforcement agency providing
|
2 | | the investigation, and local or State facility where the
|
3 | | death occurred; and
|
4 | | (3) recommendations and State and local efforts
|
5 | | underway to reduce deaths in custody. |
6 | | The report shall be submitted to the Governor and General |
7 | | Assembly and made available to the public on the Illinois |
8 | | Criminal Justice Information Authority's website the first |
9 | | week of February of each year. |
10 | | (j) So that the State may oversee the healthcare provided
|
11 | | to any person in the custody of each law enforcement agency
|
12 | | within this State, provision of medical services to these
|
13 | | persons, general care and treatment, and any other factors that
|
14 | | may contribute to the death of any of these persons, the
|
15 | | following information shall be made available to the public on
|
16 | | the Illinois Criminal Justice Information Authority's website:
|
17 | | (1) the number of deaths that occurred during the
|
18 | | preceding calendar year;
|
19 | | (2) the known, or discoverable upon reasonable
|
20 | | inquiry, causes and contributing factors of each of the |
21 | | in-custody deaths as defined in subsection (b); and
|
22 | | (3) the law enforcement agency's policies, procedures,
|
23 | | and protocols related to: |
24 | | (A) treatment of a person experiencing withdrawal |
25 | | from alcohol or substance use;
|
26 | | (B) the facility's provision, or lack of
|
|
| | HB3653 Enrolled | - 11 - | LRB101 05541 RLC 50557 b |
|
|
1 | | provision, of medications used to treat, mitigate, or |
2 | | address a person's symptoms; and
|
3 | | (C) notifying an inmate's next of kin after the
|
4 | | inmate's in-custody death. |
5 | | (k) The family, next of kin, or any other person reasonably |
6 | | nominated by the decedent as an emergency contact shall be
|
7 | | notified as soon as possible in a suitable manner giving an
|
8 | | accurate factual account of the cause of death and
|
9 | | circumstances surrounding the death in custody in accordance |
10 | | with State and federal law. |
11 | | (l) The law enforcement agency or correctional facility
|
12 | | shall name a staff person to act as dedicated family liaison
|
13 | | officer to be a point of contact for the family, to make and
|
14 | | maintain contact with the family, to report ongoing |
15 | | developments and findings of investigations, and to provide
|
16 | | information and practical support. If requested by the
|
17 | | deceased's next of kin, the law enforcement agency or
|
18 | | correctional facility shall arrange for a chaplain, counselor,
|
19 | | or other suitable staff member to meet with the family and
|
20 | | discuss any faith considerations or concerns. The family has a
|
21 | | right to the medical records of a family member who has died in
|
22 | | custody and these records shall be disclosed to them in |
23 | | accordance with State and federal law. |
24 | | (m) It is unlawful for a person who is required under this
|
25 | | Section to investigate a death or file a report to fail to
|
26 | | include in the report facts known or discovered in the
|
|
| | HB3653 Enrolled | - 12 - | LRB101 05541 RLC 50557 b |
|
|
1 | | investigation to the Illinois Criminal Justice Information |
2 | | Authority. A violation of this
Section is a petty offense, with |
3 | | fine not to exceed $500. |
4 | | Article 4. |
5 | | Constitutional Rights and Remedies |
6 | | Section 4-1. Short title. This Article may be cited as the
|
7 | | Task Force on Constitutional Rights and Remedies Act. |
8 | | References in this Article to "this Act" mean this Article. |
9 | | Section 4-5. Task Force on Constitutional Rights and |
10 | | Remedies. The Task Force on Constitutional Rights and Remedies |
11 | | is created. The purpose of the Task Force on Constitutional |
12 | | Rights and Remedies is to develop and propose policies and |
13 | | procedures to review and reform constitutional rights and |
14 | | remedies, including qualified immunity for peace officers. |
15 | | Section 4-10. Task Force Members. |
16 | | (a) The Task Force on Constitutional Rights and Remedies |
17 | | shall be comprised of the following members: |
18 | | (1) The president of statewide association |
19 | | representing trial lawyers or his or her designee,
the |
20 | | executive director of a statewide association advocating |
21 | | for the advancement of civil liberties or his or her |
22 | | designee, a representative representing statewide labor, |
|
| | HB3653 Enrolled | - 13 - | LRB101 05541 RLC 50557 b |
|
|
1 | | all appointed by the Governor. |
2 | | (2) Four members of the public appointed, one appointed |
3 | | by each the Speaker of the House of Representatives, |
4 | | Minority Leader of the House of Representatives, Minority |
5 | | Leader of the House of Representatives, President of the |
6 | | Senate, Minority Leader of the Senate. |
7 | | (3) The president of a statewide bar association or his |
8 | | or her designee, the executive director of a statewide |
9 | | association representing county sheriffs or his or her |
10 | | designee, the executive director of a statewide |
11 | | association representing chiefs of police, a |
12 | | representative of the Chicago Police Department, all |
13 | | appointed by the Governor. |
14 | | (4) The Director of the Illinois State Police or his or |
15 | | her designee. |
16 | | (5) The Attorney General, or his or her designee. |
17 | | (6) A retired judge appointed by the Governor. |
18 | | (7)
one State Representative, appointed by the Speaker |
19 | | of the House of Representatives;
one State Representative, |
20 | | appointed by the Minority Leader of the House of |
21 | | Representatives;
one State Senator, appointed by the |
22 | | President of the Senate;
one State Senator, appointed by |
23 | | the Minority Leader of the Senate.
|
24 | | (b) The members of the Task Force shall serve without |
25 | | compensation. |
26 | | (c) The Illinois Criminal Justice Information Authority |
|
| | HB3653 Enrolled | - 14 - | LRB101 05541 RLC 50557 b |
|
|
1 | | shall provide administrative and technical support to the Task |
2 | | Force and be responsible for administering its operations, |
3 | | appointing a chairperson, and ensuring that the requirements of |
4 | | the Task Force are met.
The President of the Senate and the |
5 | | Speaker of the House of Representatives shall appoint |
6 | | co-chairpersons for the Task Force. The Task Force shall have |
7 | | all appointments made within 30 days of the effective date of |
8 | | this amendatory Act of the 101st General Assembly.
|
9 | | Section 4-15. Meetings; report. |
10 | | (a) The Task Force shall meet at least 3 times with the |
11 | | first meeting occurring within 60 days after the effective date |
12 | | of this amendatory Act of the 101st General Assembly. |
13 | | (b) The Task Force shall review available research, best |
14 | | practices, and effective interventions to formulate |
15 | | recommendations. |
16 | | (c) The Task Force shall produce a report detailing the |
17 | | Task Force's findings and recommendations and needed |
18 | | resources. The Task Force shall submit a report of its findings |
19 | | and recommendations to the General Assembly and the Governor by |
20 | | May 1, 2021. |
21 | | Section 4-20. Repeal.
This Act is repealed on January 1, |
22 | | 2022. |
23 | | Article 10. |
|
| | HB3653 Enrolled | - 15 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Amendatory Provisions |
2 | | Section 10-105. The Statute on Statutes is amended by |
3 | | adding Section 1.43 as follows: |
4 | | (5 ILCS 70/1.43 new) |
5 | | Sec. 1.43. Reference to bail, bail bond, or conditions of |
6 | | bail. Whenever there is a reference in any Act to "bail", "bail |
7 | | bond", or "conditions of bail", these terms shall be construed |
8 | | as "pretrial release" or "conditions of pretrial release". |
9 | | Section 10-110. The Freedom of Information Act is amended |
10 | | by changing Section 2.15 as follows: |
11 | | (5 ILCS 140/2.15) |
12 | | Sec. 2.15. Arrest reports and criminal history records. |
13 | | (a) Arrest reports. The following chronologically |
14 | | maintained arrest and criminal history information maintained |
15 | | by State or local criminal justice agencies shall be furnished |
16 | | as soon as practical, but in no event later than 72 hours after |
17 | | the arrest, notwithstanding the time limits otherwise provided |
18 | | for in Section 3 of this Act: (i) information that identifies |
19 | | the individual, including the name, age, address, and |
20 | | photograph, when and if available; (ii) information detailing |
21 | | any charges relating to the arrest; (iii) the time and location |
22 | | of the arrest; (iv) the name of the investigating or arresting |
|
| | HB3653 Enrolled | - 16 - | LRB101 05541 RLC 50557 b |
|
|
1 | | law enforcement agency; (v) if the individual is incarcerated, |
2 | | the conditions of pretrial release amount of any bail or bond ; |
3 | | and (vi) if the individual is incarcerated, the time and date |
4 | | that the individual was received into, discharged from, or |
5 | | transferred from the arresting agency's custody. |
6 | | (b) Criminal history records. The following documents |
7 | | maintained by a public body pertaining to
criminal history |
8 | | record information are public records subject to inspection and |
9 | | copying by the
public pursuant to this Act: (i) court records |
10 | | that are public; (ii) records that are otherwise
available |
11 | | under State or local law; and (iii) records in which the |
12 | | requesting party is the individual
identified, except as |
13 | | provided under Section 7(1)(d)(vi). |
14 | | (c) Information described in items (iii) through (vi) of |
15 | | subsection (a) may be withheld if it is
determined that |
16 | | disclosure would: (i) interfere with pending or actually and |
17 | | reasonably contemplated law enforcement proceedings conducted |
18 | | by any law enforcement agency; (ii) endanger the life or |
19 | | physical safety of law enforcement or correctional personnel or |
20 | | any other person; or (iii) compromise the security of any |
21 | | correctional facility. |
22 | | (d) The provisions of this Section do not supersede the |
23 | | confidentiality provisions for law enforcement or arrest |
24 | | records of the Juvenile Court Act of 1987.
|
25 | | (e) Notwithstanding the requirements of subsection (a), a |
26 | | law enforcement agency may not publish booking photographs, |
|
| | HB3653 Enrolled | - 17 - | LRB101 05541 RLC 50557 b |
|
|
1 | | commonly known as "mugshots", on its social networking website |
2 | | in connection with civil offenses, petty offenses, business |
3 | | offenses, Class C misdemeanors, and Class B misdemeanors unless |
4 | | the booking photograph is posted to the social networking |
5 | | website to assist in the search for a missing person or to |
6 | | assist in the search for a fugitive, person of interest, or |
7 | | individual wanted in relation to a crime other than a petty |
8 | | offense, business offense, Class C misdemeanor, or Class B |
9 | | misdemeanor. As used in this subsection, "social networking |
10 | | website" has the meaning provided in Section 10 of the Right to |
11 | | Privacy in the Workplace Act. |
12 | | (Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.) |
13 | | Section 10-115. The State Records Act is amended by |
14 | | changing Section 4a as follows:
|
15 | | (5 ILCS 160/4a)
|
16 | | Sec. 4a. Arrest records and reports.
|
17 | | (a) When an individual is arrested, the following |
18 | | information must
be made available to the news media for |
19 | | inspection and copying:
|
20 | | (1) Information that identifies the individual,
|
21 | | including the name, age, address, and photograph, when and |
22 | | if available.
|
23 | | (2) Information detailing any charges relating to the |
24 | | arrest.
|
|
| | HB3653 Enrolled | - 18 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (3) The time and location of the arrest.
|
2 | | (4) The name of the investigating or arresting law |
3 | | enforcement agency.
|
4 | | (5) If the individual is incarcerated, the conditions |
5 | | of pretrial release amount of any bail
or bond .
|
6 | | (6) If the individual is incarcerated, the time and |
7 | | date that the
individual was received, discharged, or |
8 | | transferred from the arresting
agency's custody.
|
9 | | (b) The information required by this Section must be made |
10 | | available to the
news media for inspection and copying as soon |
11 | | as practicable, but in no event
shall the time period exceed 72 |
12 | | hours from the arrest. The information
described in paragraphs |
13 | | (3), (4), (5), and (6) of
subsection (a), however, may be |
14 | | withheld if it is determined that disclosure
would:
|
15 | | (1) interfere with pending or actually and reasonably |
16 | | contemplated law
enforcement proceedings conducted by any |
17 | | law enforcement or correctional
agency;
|
18 | | (2) endanger the life or physical safety of law |
19 | | enforcement or
correctional personnel or any other person; |
20 | | or
|
21 | | (3) compromise the security of any correctional |
22 | | facility.
|
23 | | (c) For the purposes of this Section, the term "news media" |
24 | | means personnel
of a newspaper or other periodical issued at |
25 | | regular intervals whether in
print or electronic format, a news |
26 | | service whether in print or electronic
format, a radio station, |
|
| | HB3653 Enrolled | - 19 - | LRB101 05541 RLC 50557 b |
|
|
1 | | a television station, a television network, a
community antenna |
2 | | television service, or a person or corporation engaged in
|
3 | | making news reels or other motion picture news for public |
4 | | showing.
|
5 | | (d) Each law enforcement or correctional agency may charge |
6 | | fees for arrest
records, but in no instance may the fee exceed |
7 | | the actual cost of copying and
reproduction. The fees may not |
8 | | include the cost of the labor used to reproduce
the arrest |
9 | | record.
|
10 | | (e) The provisions of this Section do not supersede the |
11 | | confidentiality
provisions for arrest records of the Juvenile |
12 | | Court Act of 1987.
|
13 | | (f) All information, including photographs, made available |
14 | | under this Section is subject to the provisions of Section 2QQQ |
15 | | of the Consumer Fraud and Deceptive Business Practices Act. |
16 | | (g) Notwithstanding the requirements of subsection (a), a |
17 | | law enforcement agency may not publish booking photographs, |
18 | | commonly known as "mugshots", on its social networking website |
19 | | in connection with civil offenses, petty offenses, business |
20 | | offenses, Class C misdemeanors, and Class B misdemeanors unless |
21 | | the booking photograph is posted to the social networking |
22 | | website to assist in the search for a missing person or to |
23 | | assist in the search for a fugitive, person of interest, or |
24 | | individual wanted in relation to a crime other than a petty |
25 | | offense, business offense, Class C misdemeanor, or Class B |
26 | | misdemeanor. As used in this subsection, "social networking |
|
| | HB3653 Enrolled | - 20 - | LRB101 05541 RLC 50557 b |
|
|
1 | | website" has the meaning provided in Section 10 of the Right to |
2 | | Privacy in the Workplace Act. |
3 | | (Source: P.A. 101-433, eff. 8-20-19.)
|
4 | | Section 10-116. The Illinois Public Labor Relations Act is |
5 | | amended by changing Section 14 as follows:
|
6 | | (5 ILCS 315/14) (from Ch. 48, par. 1614)
|
7 | | Sec. 14. Security employee, peace officer and fire fighter |
8 | | disputes.
|
9 | | (a) In the case of collective bargaining agreements |
10 | | involving units of
security employees of a public employer, |
11 | | Peace Officer Units, or units of
fire fighters or paramedics, |
12 | | and in the case of disputes under Section 18,
unless the |
13 | | parties mutually agree to some other time limit, mediation
|
14 | | shall commence 30 days prior to the expiration date of such |
15 | | agreement or
at such later time as the mediation services |
16 | | chosen under subsection (b) of
Section 12 can be provided to |
17 | | the parties. In the case of negotiations
for an initial |
18 | | collective bargaining agreement, mediation shall commence
upon |
19 | | 15 days notice from either party or at such later time as the
|
20 | | mediation services chosen pursuant to subsection (b) of Section |
21 | | 12 can be
provided to the parties. In mediation under this |
22 | | Section, if either party
requests the use of mediation services |
23 | | from the Federal Mediation and
Conciliation Service, the other |
24 | | party shall either join in such request or
bear the additional |
|
| | HB3653 Enrolled | - 21 - | LRB101 05541 RLC 50557 b |
|
|
1 | | cost of mediation services from another source. The
mediator |
2 | | shall have a duty to keep the Board informed on the progress of
|
3 | | the mediation. If any dispute has not been resolved within 15 |
4 | | days after
the first meeting of the parties and the mediator, |
5 | | or within such other
time limit as may be mutually agreed upon |
6 | | by the parties, either the
exclusive representative or employer |
7 | | may request of the other, in writing,
arbitration, and shall |
8 | | submit a copy of the request to the Board.
|
9 | | (b) Within 10 days after such a request for arbitration has |
10 | | been
made, the employer shall choose a delegate and
the |
11 | | employees' exclusive representative shall choose a delegate to |
12 | | a panel
of arbitration as provided in this Section. The |
13 | | employer and employees
shall forthwith advise the other and the |
14 | | Board of their selections.
|
15 | | (c) Within 7 days after the request of either party, the |
16 | | parties shall request a panel of impartial arbitrators from |
17 | | which they shall select the neutral chairman according to the |
18 | | procedures provided in this Section. If the parties have agreed |
19 | | to a contract that contains a grievance resolution procedure as |
20 | | provided in Section 8, the chairman shall be selected using |
21 | | their agreed contract procedure unless they mutually agree to |
22 | | another procedure. If the parties fail to notify the Board of |
23 | | their selection of neutral chairman within 7 days after receipt |
24 | | of the list of impartial arbitrators, the Board shall appoint, |
25 | | at random, a neutral chairman from the list. In the absence of |
26 | | an agreed contract procedure for selecting an impartial |
|
| | HB3653 Enrolled | - 22 - | LRB101 05541 RLC 50557 b |
|
|
1 | | arbitrator, either party may request a panel from the Board. |
2 | | Within 7 days of the request of either party, the Board shall |
3 | | select
from the Public Employees Labor Mediation Roster 7 |
4 | | persons who are on the
labor arbitration panels of either the |
5 | | American Arbitration Association or
the Federal Mediation and |
6 | | Conciliation Service, or who are members of the
National |
7 | | Academy of Arbitrators, as nominees for
impartial arbitrator of |
8 | | the arbitration panel. The parties may select an
individual on |
9 | | the list provided by the Board or any other individual
mutually |
10 | | agreed upon by the parties. Within 7 days following the receipt
|
11 | | of the list, the parties shall notify the Board of the person |
12 | | they have
selected. Unless the parties agree on an alternate |
13 | | selection procedure,
they shall alternatively strike one name |
14 | | from the list provided by the
Board until only one name |
15 | | remains. A coin toss shall determine which party
shall strike |
16 | | the first name. If the parties fail to notify the Board in a
|
17 | | timely manner of their selection for neutral chairman, the |
18 | | Board shall
appoint a neutral chairman from the Illinois Public |
19 | | Employees
Mediation/Arbitration Roster.
|
20 | | (d) The chairman shall call a hearing to begin within 15 |
21 | | days and give
reasonable notice of the time and place of the |
22 | | hearing. The hearing
shall be held at the offices of the Board |
23 | | or at such other location as the
Board deems appropriate. The |
24 | | chairman shall preside over the hearing and
shall take |
25 | | testimony. Any oral or documentary evidence and other data
|
26 | | deemed relevant by the arbitration panel may be received in |
|
| | HB3653 Enrolled | - 23 - | LRB101 05541 RLC 50557 b |
|
|
1 | | evidence. The
proceedings shall be informal. Technical rules of |
2 | | evidence shall not apply
and the competency of the evidence |
3 | | shall not thereby be deemed impaired. A
verbatim record of the |
4 | | proceedings shall be made and the arbitrator shall
arrange for |
5 | | the necessary recording service. Transcripts may be ordered at
|
6 | | the expense of the party ordering them, but the transcripts |
7 | | shall not be
necessary for a decision by the arbitration panel. |
8 | | The expense of the
proceedings, including a fee for the |
9 | | chairman, shall be borne equally by each of the parties to the |
10 | | dispute.
The delegates, if public officers or employees, shall |
11 | | continue on the
payroll of the public employer without loss of |
12 | | pay. The hearing conducted
by the arbitration panel may be |
13 | | adjourned from time to time, but unless
otherwise agreed by the |
14 | | parties, shall be concluded within 30 days of the
time of its |
15 | | commencement. Majority actions and rulings shall constitute
|
16 | | the actions and rulings of the arbitration panel. Arbitration |
17 | | proceedings
under this Section shall not be interrupted or |
18 | | terminated by reason of any
unfair labor practice charge filed |
19 | | by either party at any time.
|
20 | | (e) The arbitration panel may administer oaths, require the |
21 | | attendance
of witnesses, and the production of such books, |
22 | | papers, contracts, agreements
and documents as may be deemed by |
23 | | it material to a just determination of
the issues in dispute, |
24 | | and for such purpose may issue subpoenas. If any
person refuses |
25 | | to obey a subpoena, or refuses to be sworn or to testify,
or if |
26 | | any witness, party or attorney is guilty of any contempt while |
|
| | HB3653 Enrolled | - 24 - | LRB101 05541 RLC 50557 b |
|
|
1 | | in
attendance at any hearing, the arbitration panel may, or the |
2 | | attorney general
if requested shall, invoke the aid of any |
3 | | circuit court within the jurisdiction
in which the hearing is |
4 | | being held, which court shall issue an appropriate
order. Any |
5 | | failure to obey the order may be punished by the court as |
6 | | contempt.
|
7 | | (f) At any time before the rendering of an award, the |
8 | | chairman of the
arbitration panel, if he is of the opinion that |
9 | | it would be useful or
beneficial to do so, may remand the |
10 | | dispute to the parties for further
collective bargaining for a |
11 | | period not to exceed 2 weeks. If the dispute
is remanded for |
12 | | further collective bargaining the time provisions of this
Act |
13 | | shall be extended for a time period equal to that of the |
14 | | remand. The
chairman of the panel of arbitration shall notify |
15 | | the Board of the remand.
|
16 | | (g) At or before the conclusion of the hearing held |
17 | | pursuant to subsection
(d), the arbitration panel shall |
18 | | identify the economic issues in dispute,
and direct each of the |
19 | | parties to submit, within such time limit as the
panel shall |
20 | | prescribe, to the arbitration panel and to each other its last
|
21 | | offer of settlement on each economic issue. The determination |
22 | | of the
arbitration panel as to the issues in dispute and as to |
23 | | which of these
issues are economic shall be conclusive. The |
24 | | arbitration panel, within 30
days after the conclusion of the |
25 | | hearing, or such further additional
periods to which the |
26 | | parties may agree, shall make written findings of fact
and |
|
| | HB3653 Enrolled | - 25 - | LRB101 05541 RLC 50557 b |
|
|
1 | | promulgate a written opinion and shall mail or otherwise |
2 | | deliver a true
copy thereof to the parties and their |
3 | | representatives and to the Board. As
to each economic issue, |
4 | | the arbitration panel shall adopt the last offer of
settlement |
5 | | which, in the opinion of the arbitration panel, more nearly
|
6 | | complies with the applicable factors prescribed in subsection |
7 | | (h). The
findings, opinions and order as to all other issues |
8 | | shall be based upon the
applicable factors prescribed in |
9 | | subsection (h).
|
10 | | (h) Where there is no agreement between the parties, or |
11 | | where there is
an agreement but the parties have begun |
12 | | negotiations or discussions looking
to a new agreement or |
13 | | amendment of the existing agreement, and wage rates
or other |
14 | | conditions of employment under the proposed new or amended |
15 | | agreement
are in dispute, the arbitration panel shall base its |
16 | | findings, opinions
and order upon the following factors, as |
17 | | applicable:
|
18 | | (1) The lawful authority of the employer.
|
19 | | (2) Stipulations of the parties.
|
20 | | (3) The interests and welfare of the public and the |
21 | | financial ability
of the unit of government to meet those |
22 | | costs.
|
23 | | (4) Comparison of the wages, hours and conditions of |
24 | | employment of the
employees involved in the arbitration |
25 | | proceeding with the wages, hours and
conditions of |
26 | | employment of other employees performing similar services
|
|
| | HB3653 Enrolled | - 26 - | LRB101 05541 RLC 50557 b |
|
|
1 | | and with other employees generally:
|
2 | | (A) In public employment in comparable |
3 | | communities.
|
4 | | (B) In private employment in comparable |
5 | | communities.
|
6 | | (5) The average consumer prices for goods and services, |
7 | | commonly known
as the cost of living.
|
8 | | (6) The overall compensation presently received by the |
9 | | employees,
including
direct wage compensation, vacations, |
10 | | holidays and other excused time, insurance
and pensions, |
11 | | medical and hospitalization benefits, the continuity and
|
12 | | stability of employment and all other benefits received.
|
13 | | (7) Changes in any of the foregoing circumstances |
14 | | during the pendency
of the arbitration proceedings.
|
15 | | (8) Such other factors, not confined to the foregoing, |
16 | | which are normally
or traditionally taken into |
17 | | consideration in the determination of wages,
hours and |
18 | | conditions of employment through voluntary collective |
19 | | bargaining,
mediation, fact-finding, arbitration or |
20 | | otherwise between the parties, in
the public service or in |
21 | | private employment.
|
22 | | (i) In the case of peace officers, the arbitration decision |
23 | | shall be
limited to wages, hours, and conditions of employment |
24 | | (which may include
residency requirements in municipalities |
25 | | with a population under 100,000 1,000,000 , but
those residency |
26 | | requirements shall not allow residency outside of Illinois)
and |
|
| | HB3653 Enrolled | - 27 - | LRB101 05541 RLC 50557 b |
|
|
1 | | shall not include
the following: i) residency requirements in |
2 | | municipalities with a population
of at least 100,000 1,000,000 ; |
3 | | ii) the type of equipment, other
than uniforms, issued or used; |
4 | | iii) manning; iv) the total number of
employees employed by the |
5 | | department; v) mutual aid and assistance
agreements to other |
6 | | units of government; and vi) the criterion pursuant to
which |
7 | | force, including deadly force, can be used; provided, nothing |
8 | | herein
shall preclude an arbitration decision regarding |
9 | | equipment or manning
levels if such decision is based on a |
10 | | finding that the equipment or manning
considerations in a |
11 | | specific work assignment involve a serious risk to the
safety |
12 | | of a peace officer beyond that which is inherent in the normal
|
13 | | performance of police duties. Limitation of the terms of the |
14 | | arbitration
decision pursuant to this subsection shall not be |
15 | | construed to limit the
factors upon which the decision may be |
16 | | based, as set forth in subsection (h).
|
17 | | In the case of fire fighter, and fire department or fire |
18 | | district paramedic
matters, the arbitration decision shall be |
19 | | limited to wages, hours, and
conditions of employment |
20 | | (including manning and also including residency requirements |
21 | | in
municipalities with a population under 1,000,000, but those |
22 | | residency
requirements shall not allow residency outside of |
23 | | Illinois) and shall not
include the
following matters: i) |
24 | | residency requirements in municipalities with a
population of |
25 | | at least 1,000,000; ii) the type of equipment (other than
|
26 | | uniforms and fire fighter turnout gear) issued or used; iii) |
|
| | HB3653 Enrolled | - 28 - | LRB101 05541 RLC 50557 b |
|
|
1 | | the total
number of employees employed by the department; iv) |
2 | | mutual aid and
assistance agreements to other units of |
3 | | government; and v) the criterion
pursuant to which force, |
4 | | including deadly force, can be used; provided,
however, nothing |
5 | | herein shall preclude an arbitration decision regarding
|
6 | | equipment levels if such decision is based on a finding that |
7 | | the equipment
considerations in a specific work assignment |
8 | | involve a serious risk to the
safety of a fire fighter beyond |
9 | | that which is inherent in the normal
performance of fire |
10 | | fighter duties. Limitation of the terms of the
arbitration |
11 | | decision pursuant to this subsection shall not be construed to
|
12 | | limit the facts upon which the decision may be based, as set |
13 | | forth in
subsection (h).
|
14 | | The changes to this subsection (i) made by Public Act |
15 | | 90-385 (relating to residency requirements) do not
apply to |
16 | | persons who are employed by a combined department that performs |
17 | | both
police and firefighting services; these persons shall be |
18 | | governed by the
provisions of this subsection (i) relating to |
19 | | peace officers, as they existed
before the amendment by Public |
20 | | Act 90-385.
|
21 | | To preserve historical bargaining rights, this subsection |
22 | | shall not apply
to any provision of a fire fighter collective |
23 | | bargaining agreement in effect
and applicable on the effective |
24 | | date of this Act; provided, however, nothing
herein shall |
25 | | preclude arbitration with respect to any such provision.
|
26 | | (j) Arbitration procedures shall be deemed to be initiated |
|
| | HB3653 Enrolled | - 29 - | LRB101 05541 RLC 50557 b |
|
|
1 | | by the
filing of a letter requesting mediation as required |
2 | | under subsection (a)
of this Section. The commencement of a new |
3 | | municipal fiscal year after the
initiation of arbitration |
4 | | procedures under this Act, but before the
arbitration decision, |
5 | | or its enforcement, shall not be deemed to render a
dispute |
6 | | moot, or to otherwise impair the jurisdiction or authority of |
7 | | the
arbitration panel or its decision. Increases in rates
of |
8 | | compensation awarded by the arbitration panel may be effective |
9 | | only at
the start of the fiscal year next commencing after the |
10 | | date of the arbitration
award. If a new fiscal year has |
11 | | commenced either since the initiation of
arbitration |
12 | | procedures under this Act or since any mutually agreed
|
13 | | extension of the statutorily required period of mediation
under |
14 | | this Act by the parties to the labor dispute causing a
delay in |
15 | | the initiation of arbitration, the foregoing limitations shall |
16 | | be
inapplicable, and such awarded increases may be retroactive |
17 | | to the
commencement of the fiscal year, any other statute or |
18 | | charter provisions to
the contrary, notwithstanding. At any |
19 | | time the parties, by stipulation, may
amend or modify an award |
20 | | of arbitration.
|
21 | | (k) Orders of the arbitration panel shall be reviewable, |
22 | | upon
appropriate petition by either the public employer or the |
23 | | exclusive
bargaining representative, by the circuit court for |
24 | | the county in which the
dispute arose or in which a majority of |
25 | | the affected employees reside, but
only for reasons that the |
26 | | arbitration panel was without or exceeded its
statutory |
|
| | HB3653 Enrolled | - 30 - | LRB101 05541 RLC 50557 b |
|
|
1 | | authority; the order is arbitrary, or capricious; or the order
|
2 | | was procured by fraud, collusion or other similar and unlawful |
3 | | means. Such
petitions for review must be filed with the |
4 | | appropriate circuit court
within 90 days following the issuance |
5 | | of the arbitration order. The
pendency of such proceeding for |
6 | | review shall not automatically stay the
order of the |
7 | | arbitration panel. The party against whom the final decision
of |
8 | | any such court shall be adverse, if such court finds such |
9 | | appeal or
petition to be frivolous, shall pay reasonable |
10 | | attorneys' fees and costs to
the successful party as determined |
11 | | by said court in its discretion. If said
court's decision |
12 | | affirms the award of money, such award, if retroactive,
shall |
13 | | bear interest at the rate of 12 percent per annum from the |
14 | | effective
retroactive date.
|
15 | | (l) During the pendency of proceedings before the |
16 | | arbitration panel,
existing wages, hours, and other conditions |
17 | | of employment shall not be
changed by action of either party |
18 | | without the consent of the other but a
party may so consent |
19 | | without prejudice to his rights or position under
this Act. The |
20 | | proceedings are deemed to be pending before the arbitration
|
21 | | panel upon the initiation of arbitration procedures under this |
22 | | Act.
|
23 | | (m) Security officers of public employers, and Peace |
24 | | Officers, Fire
Fighters and fire department and fire protection |
25 | | district paramedics,
covered by this Section may not withhold |
26 | | services, nor may public employers
lock out or prevent such |
|
| | HB3653 Enrolled | - 31 - | LRB101 05541 RLC 50557 b |
|
|
1 | | employees from performing services at any time.
|
2 | | (n) All of the terms decided upon by the arbitration panel |
3 | | shall be included
in an agreement to be submitted to the public |
4 | | employer's governing body
for ratification and adoption by law, |
5 | | ordinance or the equivalent
appropriate means.
|
6 | | The governing body shall review each term decided by the |
7 | | arbitration panel.
If the governing body fails to reject one or |
8 | | more terms of the
arbitration panel's decision by a 3/5 vote of |
9 | | those duly elected and
qualified members of the governing body, |
10 | | within 20 days of issuance, or
in the case of firefighters |
11 | | employed by a state university, at the next
regularly scheduled |
12 | | meeting of the governing body after issuance, such
term or |
13 | | terms shall become a part of the collective bargaining |
14 | | agreement of
the parties. If the governing body affirmatively |
15 | | rejects one or more terms
of the arbitration panel's decision, |
16 | | it must provide reasons for such
rejection with respect to each |
17 | | term so rejected, within 20 days of such
rejection and the |
18 | | parties shall return to the arbitration panel
for further |
19 | | proceedings and issuance of a supplemental decision with |
20 | | respect
to the rejected terms. Any supplemental decision by an |
21 | | arbitration panel
or other decision maker agreed to by the |
22 | | parties shall be submitted to
the governing body for |
23 | | ratification and adoption in accordance with the
procedures and |
24 | | voting requirements set forth in this Section.
The voting |
25 | | requirements of this subsection shall apply to all disputes
|
26 | | submitted to arbitration pursuant to this Section |
|
| | HB3653 Enrolled | - 32 - | LRB101 05541 RLC 50557 b |
|
|
1 | | notwithstanding any
contrary voting requirements contained in |
2 | | any existing collective
bargaining agreement between the |
3 | | parties.
|
4 | | (o) If the governing body of the employer votes to reject |
5 | | the panel's
decision, the parties shall return to the panel |
6 | | within 30 days from the
issuance of the reasons for rejection |
7 | | for further proceedings and issuance
of a supplemental |
8 | | decision. All reasonable costs of such supplemental
proceeding |
9 | | including the exclusive representative's reasonable attorney's
|
10 | | fees, as established by the Board, shall be paid by the |
11 | | employer.
|
12 | | (p) Notwithstanding the provisions of this Section the |
13 | | employer and
exclusive representative may agree to submit |
14 | | unresolved disputes concerning
wages, hours, terms and |
15 | | conditions of employment to an alternative form of
impasse |
16 | | resolution.
|
17 | | (Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
|
18 | | Section 10-116.5. The Community-Law Enforcement |
19 | | Partnership for Deflection and Substance Use Disorder |
20 | | Treatment Act is amended by changing Sections 1, 5, 10, 15, 20, |
21 | | 30, and 35 and by adding Section 21 as follows: |
22 | | (5 ILCS 820/1)
|
23 | | Sec. 1. Short title. This Act may be cited as the |
24 | | Community-Law Enforcement and Other First Responder |
|
| | HB3653 Enrolled | - 33 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Partnership for Deflection and Substance Use Disorder |
2 | | Treatment Act.
|
3 | | (Source: P.A. 100-1025, eff. 1-1-19 .) |
4 | | (5 ILCS 820/5)
|
5 | | Sec. 5. Purposes. The General Assembly hereby acknowledges |
6 | | that opioid use disorders, overdoses, and deaths in Illinois |
7 | | are persistent and growing concerns for Illinois communities. |
8 | | These concerns compound existing challenges to adequately |
9 | | address and manage substance use and mental health disorders. |
10 | | Law enforcement officers , other first responders, and |
11 | | co-responders have a unique opportunity to facilitate |
12 | | connections to community-based behavioral health interventions |
13 | | that provide substance use treatment and can help save and |
14 | | restore lives; help reduce drug use, overdose incidence, |
15 | | criminal offending, and recidivism; and help prevent arrest and |
16 | | conviction records that destabilize health, families, and |
17 | | opportunities for community citizenship and self-sufficiency. |
18 | | These efforts are bolstered when pursued in partnership with |
19 | | licensed behavioral health treatment providers and community |
20 | | members or organizations. It is the intent of the General |
21 | | Assembly to authorize law enforcement and other first |
22 | | responders to develop and implement collaborative deflection |
23 | | programs in Illinois that offer immediate pathways to substance |
24 | | use treatment and other services as an alternative to |
25 | | traditional case processing and involvement in the criminal |
|
| | HB3653 Enrolled | - 34 - | LRB101 05541 RLC 50557 b |
|
|
1 | | justice system , and to unnecessary admission to emergency |
2 | | departments .
|
3 | | (Source: P.A. 100-1025, eff. 1-1-19 .) |
4 | | (5 ILCS 820/10)
|
5 | | Sec. 10. Definitions. In this Act:
|
6 | | "Case management" means those services which will assist |
7 | | persons in gaining access to needed social, educational, |
8 | | medical, substance use and mental health treatment, and other |
9 | | services.
|
10 | | "Community member or organization" means an individual |
11 | | volunteer, resident, public office, or a not-for-profit |
12 | | organization, religious institution, charitable organization, |
13 | | or other public body committed to the improvement of individual |
14 | | and family mental and physical well-being and the overall |
15 | | social welfare of the community, and may include persons with |
16 | | lived experience in recovery from substance use disorder, |
17 | | either themselves or as family members.
|
18 | | "Other first responder" means and includes emergency |
19 | | medical services providers that are public units of government, |
20 | | fire departments and districts, and officials and responders |
21 | | representing and employed by these entities. |
22 | | "Deflection program" means a program in which a peace |
23 | | officer or member of a law enforcement agency or other first |
24 | | responder facilitates contact between an individual and a |
25 | | licensed substance use treatment provider or clinician for |
|
| | HB3653 Enrolled | - 35 - | LRB101 05541 RLC 50557 b |
|
|
1 | | assessment and coordination of treatment planning , including |
2 | | co-responder approaches that incorporate behavioral health, |
3 | | peer, or social work professionals with law enforcement or |
4 | | other first responders at the scene . This facilitation includes |
5 | | defined criteria for eligibility and communication protocols |
6 | | agreed to by the law enforcement agency or other first |
7 | | responder entity and the licensed treatment provider for the |
8 | | purpose of providing substance use treatment to those persons |
9 | | in lieu of arrest or further justice system involvement , or |
10 | | unnecessary admissions to the emergency department . Deflection |
11 | | programs may include, but are not limited to, the following |
12 | | types of responses: |
13 | | (1) a post-overdose deflection response initiated by a |
14 | | peace officer or law enforcement agency subsequent to |
15 | | emergency administration of medication to reverse an |
16 | | overdose, or in cases of severe substance use disorder with |
17 | | acute risk for overdose;
|
18 | | (2) a self-referral deflection response initiated by |
19 | | an individual by contacting a peace officer or law |
20 | | enforcement agency or other first responder in the |
21 | | acknowledgment of their substance use or disorder;
|
22 | | (3) an active outreach deflection response initiated |
23 | | by a peace officer or law enforcement agency or other first |
24 | | responder as a result of proactive identification of |
25 | | persons thought likely to have a substance use disorder;
|
26 | | (4) an officer or other first responder prevention |
|
| | HB3653 Enrolled | - 36 - | LRB101 05541 RLC 50557 b |
|
|
1 | | deflection response initiated by a peace officer or law |
2 | | enforcement agency in response to a community call when no |
3 | | criminal charges are present; and |
4 | | (5) an officer intervention deflection response when |
5 | | criminal charges are present but held in abeyance pending |
6 | | engagement with treatment.
|
7 | | "Law enforcement agency" means a municipal police |
8 | | department or county sheriff's office of this State, the |
9 | | Department of State Police, or other law enforcement agency |
10 | | whose officers, by statute, are granted and authorized to |
11 | | exercise powers similar to those conferred upon any peace |
12 | | officer employed by a law enforcement agency of this State.
|
13 | | "Licensed treatment provider" means an organization |
14 | | licensed by the Department of Human Services to perform an |
15 | | activity or service, or a coordinated range of those activities |
16 | | or services, as the Department of Human Services may establish |
17 | | by rule, such as the broad range of emergency, outpatient, |
18 | | intensive outpatient, and residential services and care, |
19 | | including assessment, diagnosis, case management, medical, |
20 | | psychiatric, psychological and social services, |
21 | | medication-assisted treatment, care and counseling, and |
22 | | recovery support, which may be extended to persons to assess or |
23 | | treat substance use disorder or to families of those persons.
|
24 | | "Peace officer" means any peace officer or member of any |
25 | | duly organized State, county, or municipal peace officer unit, |
26 | | any police force of another State, or any police force whose |
|
| | HB3653 Enrolled | - 37 - | LRB101 05541 RLC 50557 b |
|
|
1 | | members, by statute, are granted and authorized to exercise |
2 | | powers similar to those conferred upon any peace officer |
3 | | employed by a law enforcement agency of this State.
|
4 | | "Substance use disorder" means a pattern of use of alcohol |
5 | | or other drugs leading to clinical or functional impairment, in |
6 | | accordance with the definition in the Diagnostic and |
7 | | Statistical Manual of Mental Disorders (DSM-5), or in any |
8 | | subsequent editions.
|
9 | | "Treatment" means the broad range of emergency, |
10 | | outpatient, intensive outpatient, and residential services and |
11 | | care (including assessment, diagnosis, case management, |
12 | | medical, psychiatric, psychological and social services, |
13 | | medication-assisted treatment, care and counseling, and |
14 | | recovery support) which may be extended to persons who have |
15 | | substance use disorders, persons with mental illness, or |
16 | | families of those persons.
|
17 | | (Source: P.A. 100-1025, eff. 1-1-19 .) |
18 | | (5 ILCS 820/15)
|
19 | | Sec. 15. Authorization.
|
20 | | (a) Any law enforcement agency or other first responder |
21 | | entity may establish a deflection program subject to the |
22 | | provisions of this Act in partnership with one or more licensed |
23 | | providers of substance use disorder treatment services and one |
24 | | or more community members or organizations.
Programs |
25 | | established by another first responder entity shall also |
|
| | HB3653 Enrolled | - 38 - | LRB101 05541 RLC 50557 b |
|
|
1 | | include a law enforcement agency. |
2 | | (b) The deflection program may involve a post-overdose |
3 | | deflection response, a self-referral deflection response, an |
4 | | active outreach deflection response, an officer or other first |
5 | | responder prevention deflection response, or an officer |
6 | | intervention deflection response, or any combination of those.
|
7 | | (c) Nothing shall preclude the General Assembly from adding |
8 | | other responses to a deflection program, or preclude a law |
9 | | enforcement agency or other first responder entity from |
10 | | developing a deflection program response based on a model |
11 | | unique and responsive to local issues, substance use or mental |
12 | | health needs, and partnerships, using sound and promising or |
13 | | evidence-based practices.
|
14 | | (c-5) Whenever appropriate and available, case management |
15 | | should be provided by a licensed treatment provider or other |
16 | | appropriate provider and may include peer recovery support |
17 | | approaches. |
18 | | (d) To receive funding for activities as described in |
19 | | Section 35 of this Act, planning for the deflection program |
20 | | shall include:
|
21 | | (1) the involvement of one or more licensed treatment |
22 | | programs and one or more community members or |
23 | | organizations; and
|
24 | | (2) an agreement with the Illinois Criminal Justice |
25 | | Information Authority to collect and evaluate relevant |
26 | | statistical data related to the program, as established by |
|
| | HB3653 Enrolled | - 39 - | LRB101 05541 RLC 50557 b |
|
|
1 | | the Illinois Criminal Justice Information Authority in |
2 | | paragraph (2) of subsection (a) of Section 25 of this Act. |
3 | | (3) an agreement with participating licensed treatment |
4 | | providers authorizing the release of statistical data to |
5 | | the Illinois Criminal Justice Information Authority, in |
6 | | compliance with State and Federal law, as established by |
7 | | the Illinois Criminal Justice Information Authority in |
8 | | paragraph (2) of subsection (a) of Section 25 of this Act.
|
9 | | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.) |
10 | | (5 ILCS 820/20)
|
11 | | Sec. 20. Procedure. The law enforcement agency or other |
12 | | first responder entity , licensed treatment providers, and |
13 | | community members or organizations shall establish a local |
14 | | deflection program plan that includes protocols and procedures |
15 | | for participant identification, screening or assessment, |
16 | | treatment facilitation, reporting, and ongoing involvement of |
17 | | the law enforcement agency. Licensed substance use disorder |
18 | | treatment organizations shall adhere to 42 CFR Part 2 regarding |
19 | | confidentiality regulations for information exchange or |
20 | | release. Substance use disorder treatment services shall |
21 | | adhere to all regulations specified in Department of Human |
22 | | Services Administrative Rules, Parts 2060 and 2090.
|
23 | | (Source: P.A. 100-1025, eff. 1-1-19 .) |
24 | | (5 ILCS 820/21 new) |
|
| | HB3653 Enrolled | - 40 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Sec. 21. Training. The law enforcement agency or other |
2 | | first responder entity in programs that receive funding for |
3 | | services under Section 35 of this Act shall and that receive |
4 | | training under subsection (a.1) of Section 35 shall be trained |
5 | | in: |
6 | | (a)Neuroscience of Addiction for Law Enforcement; |
7 | | (b)Medication-Assisted Treatment; |
8 | | (c)Criminogenic Risk-Need for Health and Safety; |
9 | | (d)Why Drug Treatment Works?; |
10 | | (e)Eliminating Stigma for People with Substance-Use |
11 | | Disorders and Mental Health; |
12 | | (f)Avoiding Racial Bias in Deflection Program; |
13 | | (g)Promotion Racial and Gender Equity in Deflection; |
14 | | (h)Working With Community Partnerships; and |
15 | | (i)Deflection in Rural Communities. |
16 | | (5 ILCS 820/30)
|
17 | | Sec. 30. Exemption from civil liability. The law |
18 | | enforcement agency or peace officer or other first responder |
19 | | acting in good faith shall not, as the result of acts or |
20 | | omissions in providing services under Section 15 of this Act, |
21 | | be liable for civil damages, unless the acts or omissions |
22 | | constitute willful and wanton misconduct.
|
23 | | (Source: P.A. 100-1025, eff. 1-1-19 .) |
24 | | (5 ILCS 820/35)
|
|
| | HB3653 Enrolled | - 41 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Sec. 35. Funding.
|
2 | | (a) The General Assembly may appropriate funds to the |
3 | | Illinois Criminal Justice Information Authority for the |
4 | | purpose of funding law enforcement agencies or other first |
5 | | responder entities for services provided by deflection program |
6 | | partners as part of deflection programs subject to subsection |
7 | | (d) of Section 15 of this Act.
|
8 | | (a.1) Up to 10 percent of appropriated funds may be |
9 | | expended on activities related to knowledge dissemination, |
10 | | training, technical assistance, or other similar activities |
11 | | intended to increase practitioner and public awareness of |
12 | | deflection and/or to support its implementation. The Illinois |
13 | | Criminal Justice Information Authority may adopt guidelines |
14 | | and requirements to direct the distribution of funds for these |
15 | | activities. |
16 | | (b) For all appropriated funds not distributed under |
17 | | subsection a.1, the The Illinois Criminal Justice Information |
18 | | Authority may adopt guidelines and requirements to direct the |
19 | | distribution of funds for expenses related to deflection |
20 | | programs. Funding shall be made available to support both new |
21 | | and existing deflection programs in a broad spectrum of |
22 | | geographic regions in this State, including urban, suburban, |
23 | | and rural communities. Funding for deflection programs shall be |
24 | | prioritized for communities that have been impacted by the war |
25 | | on drugs, communities that have a police/community relations |
26 | | issue, and communities that have a disproportionate lack of |
|
| | HB3653 Enrolled | - 42 - | LRB101 05541 RLC 50557 b |
|
|
1 | | access to mental health and drug treatment. Activities eligible |
2 | | for funding under this Act may include, but are not limited to, |
3 | | the following:
|
4 | | (1) activities related to program administration, |
5 | | coordination, or management, including, but not limited |
6 | | to, the development of collaborative partnerships with |
7 | | licensed treatment providers and community members or |
8 | | organizations; collection of program data; or monitoring |
9 | | of compliance with a local deflection program plan;
|
10 | | (2) case management including case management provided |
11 | | prior to assessment, diagnosis, and engagement in |
12 | | treatment, as well as assistance navigating and gaining |
13 | | access to various treatment modalities and support |
14 | | services;
|
15 | | (3) peer recovery or recovery support services that |
16 | | include the perspectives of persons with the experience of |
17 | | recovering from a substance use disorder, either |
18 | | themselves or as family members;
|
19 | | (4) transportation to a licensed treatment provider or |
20 | | other program partner location; |
21 | | (5) program evaluation activities. |
22 | | (6) naloxone and related supplies necessary for |
23 | | carrying out overdose reversal for purposes of |
24 | | distribution to program participants or for use by law |
25 | | enforcement or other first responders; and |
26 | | (7) treatment necessary to prevent gaps in service |
|
| | HB3653 Enrolled | - 43 - | LRB101 05541 RLC 50557 b |
|
|
1 | | delivery between linkage and coverage by other funding |
2 | | sources when otherwise non-reimbursable. |
3 | | (c) Specific linkage agreements with recovery support |
4 | | services or self-help entities may be a requirement of the |
5 | | program services protocols. All deflection programs shall |
6 | | encourage the involvement of key family members and significant |
7 | | others as a part of a family-based approach to treatment. All |
8 | | deflection programs are encouraged to use evidence-based |
9 | | practices and outcome measures in the provision of substance |
10 | | use disorder treatment and medication-assisted treatment for |
11 | | persons with opioid use disorders.
|
12 | | (Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.) |
13 | | Section 10-116.7. The Attorney General Act is amended by |
14 | | adding Section 10 as follows: |
15 | | (15 ILCS 205/10 new) |
16 | | Sec. 10. Executive officers. |
17 | | (a) As used in this Section: |
18 | | (1)"Governmental authority" means any local |
19 | | governmental unit in this State, any municipal corporation |
20 | | in this State, or any governmental unit of the State of |
21 | | Illinois. This includes any office, officer, department, |
22 | | division, bureau, board, commission, or agency of the |
23 | | State. |
24 | | (2) "Officer" means any probationary law enforcement |
|
| | HB3653 Enrolled | - 44 - | LRB101 05541 RLC 50557 b |
|
|
1 | | officer, probationary part-time law enforcement officer, |
2 | | permanent law enforcement officer, part-time law |
3 | | enforcement officer, law enforcement officer, recruit, |
4 | | probationary county corrections officer, permanent county |
5 | | corrections officer, county corrections officer, |
6 | | probationary court security officer, permanent court |
7 | | security officer, or court security officer as defined in |
8 | | Section 2 of the Police Training Act. |
9 | | (b) No governmental authority, or agent of a governmental |
10 | | authority, or person acting on behalf of a governmental |
11 | | authority, shall engage in a pattern or practice of conduct by |
12 | | officers that deprives any person of rights, privileges, or |
13 | | immunities secured or protected by the Constitution or laws of |
14 | | the United States or by the Constitution or laws of Illinois. |
15 | | (c) Whenever the Illinois Attorney General has reasonable |
16 | | cause to believe that a violation of subsection (b) has |
17 | | occurred, the Illinois Attorney General may commence a civil |
18 | | action in the name of the People of the State to obtain |
19 | | appropriate equitable and declaratory relief to eliminate the |
20 | | pattern or practice. Venue for this civil action shall be |
21 | | Sangamon County or Cook County. Such actions shall be commenced |
22 | | no later than 5 years after the occurrence or the termination |
23 | | of an alleged violation, whichever occurs last. |
24 | | (d) Prior to initiating a civil action, the Attorney |
25 | | General may conduct a preliminary investigation to determine |
26 | | whether there is reasonable cause to believe that a violation |
|
| | HB3653 Enrolled | - 45 - | LRB101 05541 RLC 50557 b |
|
|
1 | | of subsection (b) has occurred. In conducting this |
2 | | investigation, the Attorney General may: |
3 | | (1) require the individual or entity to file a |
4 | | statement or report in writing under oath or otherwise, as |
5 | | to all information the Attorney General may consider |
6 | | necessary; |
7 | | (2) examine under oath any person alleged to have |
8 | | participated in or with knowledge of the alleged pattern |
9 | | and practice violation; or |
10 | | (3) issue subpoenas or conduct hearings in aid of any |
11 | | investigation. |
12 | | (e) Service by the Attorney General of any notice requiring |
13 | | a person to file a statement or report, or of a subpoena upon |
14 | | any person, shall be made: |
15 | | (1) personally by delivery of a duly executed copy |
16 | | thereof to the person to be served or, if a person is not a |
17 | | natural person, in the manner provided in the Code of Civil |
18 | | Procedure when a complaint is filed; or |
19 | | (2) by mailing by certified mail a duly executed copy |
20 | | thereof to the person to be served at his or her last known |
21 | | abode or principal place of business within this State or, |
22 | | if a person is not a natural person, in the manner provided |
23 | | in the Code of Civil Procedure when a complaint is filed. |
24 | | (3) The Attorney General may compel compliance with |
25 | | investigative demands under this Section through an order |
26 | | by any court of competent jurisdiction. |
|
| | HB3653 Enrolled | - 46 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (f)(1) In any civil action brought pursuant to subsection |
2 | | (c) of this Section, the Attorney General may obtain as a |
3 | | remedy equitable and declaratory relief (including any |
4 | | permanent or preliminary injunction, temporary restraining |
5 | | order, or other order, including an order enjoining the |
6 | | defendant from engaging in such violation or ordering any |
7 | | action as may be appropriate). In addition, the Attorney |
8 | | General may request and the Court may impose a civil penalty to |
9 | | vindicate the public interest in an amount not exceeding |
10 | | $25,000 per violation, or if the defendant has been adjudged to |
11 | | have committed one other civil rights violation under this |
12 | | Section within 5 years of the occurrence of the violation that |
13 | | is the basis of the complaint, in an amount not exceeding |
14 | | $50,000. |
15 | | (2) A civil penalty imposed under this subsection shall be |
16 | | deposited into the Attorney General Court Ordered and Voluntary |
17 | | Compliance Payment Projects Fund, which is a special fund in |
18 | | the State Treasury. Moneys in the Fund shall be used, subject |
19 | | to appropriation, for the performance of any function |
20 | | pertaining to the exercise of the duties of the Attorney |
21 | | General including but not limited to enforcement of any law of |
22 | | this State and conducting public education programs; however, |
23 | | any moneys in the Fund that are required by the court or by an |
24 | | agreement to be used for a particular purpose shall be used for |
25 | | that purpose. |
|
| | HB3653 Enrolled | - 47 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section 10-120. The Department of State Police Law of the
|
2 | | Civil Administrative Code of Illinois is amended by changing |
3 | | Section 2605-302 as follows:
|
4 | | (20 ILCS 2605/2605-302) (was 20 ILCS 2605/55a in part)
|
5 | | Sec. 2605-302. Arrest reports.
|
6 | | (a) When an individual is arrested, the
following |
7 | | information must be made available to the news media for |
8 | | inspection
and copying:
|
9 | | (1) Information that identifies the individual,
|
10 | | including the name, age, address, and photograph, when and |
11 | | if available.
|
12 | | (2) Information detailing any charges relating to the |
13 | | arrest.
|
14 | | (3) The time and location of the arrest.
|
15 | | (4) The name of the investigating or arresting law |
16 | | enforcement
agency.
|
17 | | (5) If the individual is incarcerated, the conditions |
18 | | of pretrial release amount of any
bail or bond .
|
19 | | (6) If the individual is incarcerated, the time and |
20 | | date that the
individual was received, discharged, or |
21 | | transferred from the arresting
agency's custody.
|
22 | | (b) The information required by this Section must be made |
23 | | available to the
news media for inspection and copying as soon |
24 | | as practicable, but in no event
shall the time period exceed 72 |
25 | | hours from the arrest. The information
described in items (3), |
|
| | HB3653 Enrolled | - 48 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (4), (5), and (6) of subsection (a),
however, may be withheld |
2 | | if it is determined that disclosure would (i)
interfere with |
3 | | pending or actually and reasonably contemplated law |
4 | | enforcement
proceedings conducted by any law enforcement or |
5 | | correctional agency; (ii)
endanger the life or physical safety |
6 | | of law enforcement or correctional
personnel or any other |
7 | | person; or (iii) compromise the security of any
correctional |
8 | | facility.
|
9 | | (c) For the purposes of this Section, the term "news media" |
10 | | means personnel
of a newspaper or other periodical issued at |
11 | | regular intervals whether in print
or electronic format, a news |
12 | | service whether in print or electronic format, a
radio station, |
13 | | a television station, a television network, a community antenna
|
14 | | television service, or a person or corporation engaged in |
15 | | making news reels or
other motion picture news for public |
16 | | showing.
|
17 | | (d) Each law enforcement or correctional agency may charge |
18 | | fees
for arrest records, but in no instance may the fee exceed |
19 | | the actual cost of
copying and reproduction. The fees may not |
20 | | include the cost of the labor used
to reproduce the arrest |
21 | | record.
|
22 | | (e) The provisions of this Section do not supersede the |
23 | | confidentiality
provisions for arrest records of the Juvenile |
24 | | Court Act of 1987.
|
25 | | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; |
26 | | incorporates 92-335,
eff. 8-10-01; 92-651, eff. 7-11-02.)
|
|
| | HB3653 Enrolled | - 49 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section 10-125. The State Police Act is amended by changing |
2 | | Section 14 and by adding Section 17c as follows:
|
3 | | (20 ILCS 2610/14) (from Ch. 121, par. 307.14)
|
4 | | Sec. 14. Except as is otherwise provided in this Act, no |
5 | | Department of
State Police officer shall be removed, demoted or |
6 | | suspended except for
cause, upon written charges filed with the |
7 | | Board by the Director and a hearing
before the Board thereon |
8 | | upon not less than 10 days' notice at a place to
be designated |
9 | | by the chairman thereof. At such hearing, the accused shall
be |
10 | | afforded full opportunity to be heard in his or her own defense |
11 | | and
to produce proof in his or her defense. It shall not be a |
12 | | requirement of a person Anyone filing a complaint against a |
13 | | State Police Officer to must have a the complaint supported by |
14 | | a sworn affidavit or any other legal documentation. This ban on |
15 | | an affidavit requirement shall apply to any collective |
16 | | bargaining agreements entered after the effective date of this |
17 | | provision .
Any such complaint, having been supported by a sworn |
18 | | affidavit, and having been found, in total or in part, to |
19 | | contain false information, shall be presented to the |
20 | | appropriate State's Attorney for a determination of |
21 | | prosecution.
|
22 | | Before any such officer may be interrogated or examined by |
23 | | or before the
Board, or by a departmental agent or investigator |
24 | | specifically assigned
to conduct an internal investigation, |
|
| | HB3653 Enrolled | - 50 - | LRB101 05541 RLC 50557 b |
|
|
1 | | the results of which hearing,
interrogation
or examination may |
2 | | be the basis for filing charges seeking his or her
suspension |
3 | | for more than 15 days or his or her removal or discharge,
he or |
4 | | she shall be advised in writing as to what specific improper or
|
5 | | illegal act he or she is alleged to have committed; he or she |
6 | | shall
be advised in writing that his or her admissions made in |
7 | | the course
of the hearing, interrogation or examination may be |
8 | | used as the basis for
charges seeking his or her suspension, |
9 | | removal or discharge; and he
or she shall be advised in writing |
10 | | that he or she has a right to
counsel of his or her choosing, |
11 | | who may be present to advise him or
her at any hearing, |
12 | | interrogation or examination. A complete record of
any hearing, |
13 | | interrogation or examination shall be made, and a complete
|
14 | | transcript or electronic recording thereof shall be made |
15 | | available to such
officer without charge and without delay.
|
16 | | The Board shall have the power to secure by its subpoena
|
17 | | both the attendance and testimony of witnesses and the |
18 | | production of books
and papers in support of the charges and |
19 | | for the defense. Each member of
the Board or a designated |
20 | | hearing officer shall have the power to administer
oaths or |
21 | | affirmations. If the charges against an accused are established
|
22 | | by a preponderance of evidence, the Board shall make a finding |
23 | | of guilty
and order either removal, demotion, suspension for a |
24 | | period of not more
than 180 days, or such other disciplinary |
25 | | punishment as may be prescribed
by the rules and regulations of |
26 | | the Board which, in the opinion of the members
thereof, the |
|
| | HB3653 Enrolled | - 51 - | LRB101 05541 RLC 50557 b |
|
|
1 | | offense merits. Thereupon the
Director shall direct such |
2 | | removal or other punishment as ordered by the
Board and if the |
3 | | accused refuses to abide by any such disciplinary
order, the |
4 | | Director shall remove him or her forthwith.
|
5 | | If the accused is found not guilty or has served a period |
6 | | of suspension
greater than prescribed by the Board, the Board |
7 | | shall order that the officer receive compensation for the |
8 | | period involved.
The award of compensation shall include |
9 | | interest at the rate of 7% per
annum.
|
10 | | The Board may include in its order appropriate sanctions |
11 | | based upon the
Board's rules and regulations. If the Board |
12 | | finds that a party has made
allegations or denials without |
13 | | reasonable cause or has engaged in frivolous
litigation for the |
14 | | purpose of delay or needless increase in the cost of
|
15 | | litigation, it may order that party to pay the other party's |
16 | | reasonable
expenses, including costs and reasonable attorney's |
17 | | fees. The State of
Illinois and the Department shall be subject |
18 | | to these sanctions in the same
manner as other parties.
|
19 | | In case of the neglect or refusal of any person to obey a |
20 | | subpoena issued
by the Board, any circuit court, upon |
21 | | application
of any member of the Board, may order such person |
22 | | to appear before the Board
and give testimony or produce |
23 | | evidence, and any failure to obey such order
is punishable by |
24 | | the court as a contempt thereof.
|
25 | | The provisions of the Administrative Review Law, and all |
26 | | amendments and
modifications thereof, and the rules adopted |
|
| | HB3653 Enrolled | - 52 - | LRB101 05541 RLC 50557 b |
|
|
1 | | pursuant thereto, shall apply
to and govern all proceedings for |
2 | | the judicial review of any order of the
Board rendered pursuant |
3 | | to the provisions of this Section.
|
4 | | Notwithstanding the provisions of this Section, a policy |
5 | | making
officer, as defined in the Employee Rights Violation |
6 | | Act, of the Department
of State Police shall be discharged from |
7 | | the Department of State Police as
provided in the Employee |
8 | | Rights Violation Act, enacted by the 85th General
Assembly.
|
9 | | (Source: P.A. 96-891, eff. 5-10-10.)
|
10 | | (20 ILCS 2610/17c new) |
11 | | Sec. 17c. Military equipment surplus program. |
12 | | (a) For purposes of this Section: |
13 | | "Bayonet" means a large knife designed to be attached to |
14 | | the muzzle of a rifle, shotgun, or long gun for the purpose of |
15 | | hand-to-hand combat. |
16 | | "Grenade launcher" means a firearm or firearm accessory |
17 | | designed to launch small explosive projectiles. |
18 | | "Military equipment surplus program" means any federal or |
19 | | State program allowing a law enforcement agency to obtain |
20 | | surplus military equipment including, but not limit to, any |
21 | | program organized under Section 1122 of the National Defense |
22 | | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or |
23 | | Section 1033 of the National Defense Authorization Act for |
24 | | Fiscal Year 1997 (Pub. L. 104-201), or any program established |
25 | | under 10 U.S.C. 2576a. |
|
| | HB3653 Enrolled | - 53 - | LRB101 05541 RLC 50557 b |
|
|
1 | | "Tracked armored vehicle" means a vehicle that provides |
2 | | ballistic protection to its occupants and utilizes a tracked |
3 | | system installed of wheels for forward motion. |
4 | | "Weaponized aircraft, vessel, or vehicle" means any |
5 | | aircraft, vessel, or vehicle with weapons installed. |
6 | | (b) The Illinois State Police shall not request or receive |
7 | | from any military equipment surplus program nor purchase or |
8 | | otherwise utilize the following equipment: |
9 | | (1) tracked armored vehicles; |
10 | | (2) weaponized aircraft, vessels, or vehicles; |
11 | | (3) firearms of .50-caliber or higher; |
12 | | (4) ammunition of .50-caliber or higher; |
13 | | (5) grenade launchers; or |
14 | | (6) bayonets. |
15 | | (c) If the Illinois State Police request other property not |
16 | | prohibited by this Section from a military equipment surplus |
17 | | program, the Illinois State Police shall publish notice of the |
18 | | request on a publicly accessible website maintained by the |
19 | | Illinois State Police within 14 days after the request. |
20 | | Section 10-130. The Illinois Criminal Justice Information |
21 | | Act is amended by adding Sections 7.7 and 7.8 as follows: |
22 | | (20 ILCS 3930/7.7 new) |
23 | | Sec. 7.7. Pretrial data collection. |
24 | | (a) The Administrative Director of the Administrative |
|
| | HB3653 Enrolled | - 54 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Officer of the Illinois Courts shall convene an oversight board |
2 | | to be known as the Pretrial Practices Data Oversight Board to |
3 | | oversee the collection and analysis of data regarding pretrial |
4 | | practices in circuit court systems. The Board shall include, |
5 | | but is not limited to, designees from the Administrative Office |
6 | | of the Illinois Courts, the Illinois Criminal Justice |
7 | | Information Authority, and other entities that possess |
8 | | knowledge of pretrial practices and data collection issues. |
9 | | Members of the Board shall serve without compensation. |
10 | | (b) The Oversight Board shall: |
11 | | (1) identify existing pretrial data collection |
12 | | processes in local jurisdictions; |
13 | | (2) define, gather and maintain records of pretrial |
14 | | data relating to the topics listed in subsection (c) from |
15 | | circuit clerks' offices, sheriff's departments, law |
16 | | enforcement agencies, jails, pretrial departments, |
17 | | probation department, State's Attorneys' offices, public |
18 | | defenders' offices and other applicable criminal justice |
19 | | system agencies; |
20 | | (3) identify resources necessary to systematically |
21 | | collect and report data related to the topics listed in |
22 | | subsections (c); and |
23 | | (4) develop a plan to implement data collection |
24 | | processes sufficient to collect data on the topics listed |
25 | | in subsection (c) no later than one year after the |
26 | | effective date of this amendatory Act of the 101st General |
|
| | HB3653 Enrolled | - 55 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Assembly.
The plan and, once implemented, the reports and |
2 | | analysis shall be published and made publicly available on |
3 | | the Administrative Office of the Illinois Courts (AOIC) |
4 | | website. |
5 | | (c) The Pretrial Practices Data Oversight Board shall |
6 | | develop a strategy to collect quarterly, county-level data on |
7 | | the following topics; which collection of data shall begin |
8 | | starting one year after the effective date of this amendatory |
9 | | Act of the 101st General Assembly: |
10 | | (1) information on all persons arrested and charged |
11 | | with misdemeanor or felony charges, or both, including |
12 | | information on persons released directly from law |
13 | | enforcement custody; |
14 | | (2) information on the outcomes of pretrial conditions |
15 | | and pretrial detention hearings in the county courts, |
16 | | including but not limited to the number of hearings held, |
17 | | the number of defendants detained, the number of defendants |
18 | | released, and the number of defendants released with |
19 | | electronic monitoring; |
20 | | (3) information regarding persons detained in the |
21 | | county jail pretrial, including, but not limited to, the |
22 | | number of persons detained in the jail pretrial and the |
23 | | number detained in the jail for other reasons, the |
24 | | demographics of the pretrial jail population, race, sex, |
25 | | sexual orientation, gender identity,age, and ethnicity, |
26 | | the charges including on which pretrial defendants are |
|
| | HB3653 Enrolled | - 56 - | LRB101 05541 RLC 50557 b |
|
|
1 | | detained, the average length of stay of pretrial |
2 | | defendants; |
3 | | (4) information regarding persons placed on electronic |
4 | | monitoring programs pretrial, including, but not limited |
5 | | to, the number of participants, the demographics of the |
6 | | participant population, including race, sex, sexual |
7 | | orientation, gender identity, age, and ethnicity, the |
8 | | charges on which participants are ordered to the program, |
9 | | and the average length of participation in the program; |
10 | | (5) discharge data regarding persons detained pretrial |
11 | | in the county jail, including, but not limited to, the |
12 | | number who are sentenced to the Illinois Department of |
13 | | Corrections, the number released after being sentenced to |
14 | | time served, the number who are released on probation, |
15 | | conditional discharge, or other community supervision, the |
16 | | number found not guilty, the number whose cases are |
17 | | dismissed, the number whose cases are dismissed as part of |
18 | | diversion or deferred prosecution program, and the number |
19 | | who are released pretrial after a hearing re-examining |
20 | | their pretrial detention; |
21 | | (6) information on the pretrial rearrest of |
22 | | individuals released pretrial, including the number |
23 | | arrested and charged with a new misdemeanor offense while |
24 | | released, the number arrested and charged with a new felony |
25 | | offense while released, and the number arrested and charged |
26 | | with a new forcible felony offense while released, and how |
|
| | HB3653 Enrolled | - 57 - | LRB101 05541 RLC 50557 b |
|
|
1 | | long after release these arrests occurred; |
2 | | (7) information on the pretrial failure to appear rates |
3 | | of individuals released pretrial, including the number who |
4 | | missed one or more court dates, how many warrants for |
5 | | failures to appear were issued, and how many individuals |
6 | | were detained pretrial or placed on electronic monitoring |
7 | | pretrial after a failure to appear in court; |
8 | | (8) what, if any, validated pretrial risk assessment |
9 | | tools are in use in each jurisdiction, and comparisons of |
10 | | the pretrial release and pretrial detention decisions of |
11 | | judges as compared to and the risk assessment scores of |
12 | | individuals; and |
13 | | (9) any other information the Pretrial Practices Data |
14 | | Oversight Board considers important and probative of the |
15 | | effectiveness of pretrial practices in the state of |
16 | | Illinois.
d) Circuit clerks' offices, sheriff's |
17 | | departments, law enforcement agencies, jails, pretrial |
18 | | departments, probation department, State's Attorneys' |
19 | | offices, public defenders' offices and other applicable |
20 | | criminal justice system agencies are mandated to provide |
21 | | data to the Administrative Office of the Illinois Courts as |
22 | | described in subsection (c). |
23 | | (20 ILCS 3930/7.8 new) |
24 | | Sec. 7.8. Domestic Violence Pretrial Practices Working |
25 | | Group. |
|
| | HB3653 Enrolled | - 58 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (a) The Executive Director of the Illinois Criminal Justice |
2 | | Information Authority shall convene a working group to research |
3 | | and issue a report on current practices in pretrial domestic |
4 | | violence courts throughout the state of Illinois. |
5 | | (b) The working group shall include, but is not limited to, |
6 | | designees from the Administrative Office of the Illinois |
7 | | Courts, the Illinois Criminal Justice Information Authority, |
8 | | Domestic Violence victims' advocates, formerly incarcerated |
9 | | victims of violence, legal practitioners, and other entities |
10 | | that possess knowledge of evidence-based practices surrounding |
11 | | domestic violence and current pretrial practices in Illinois. |
12 | | (c) The group shall meet quarterly and no later than 15 |
13 | | months after the effective date of this amendatory Act of the |
14 | | 101st General Assembly issue a preliminary report on the state |
15 | | of current practice across the state in regards to pretrial |
16 | | practices and domestic violence and no later than 15 months |
17 | | after the release of the preliminary report, issue a final |
18 | | report issuing recommendations for evidence-based improvements |
19 | | to court procedures. |
20 | | (d) Members of the working group shall serve without |
21 | | compensation. |
22 | | Section 10-135. The Public Officer Prohibited Activities |
23 | | Act is amended by adding Section 4.1 as follows: |
24 | | (50 ILCS 105/4.1 new) |
|
| | HB3653 Enrolled | - 59 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Sec. 4.1. Retaliation against a whistleblower. |
2 | | (a) It is prohibited for a unit of local government, any |
3 | | agent or representative of a unit of local government, or |
4 | | another employee to retaliate against an employee or contractor |
5 | | who: |
6 | | (1) reports an improper governmental action under this |
7 | | Section; |
8 | | (2) cooperates with an investigation by an auditing |
9 | | official related to a report of improper governmental |
10 | | action; or |
11 | | (3) testifies in a proceeding or prosecution arising |
12 | | out of an improper governmental action. |
13 | | (b) To invoke the protections of this Section, an employee |
14 | | shall make a written report of improper governmental action to |
15 | | the appropriate auditing official. An employee who believes he |
16 | | or she has been retaliated against in violation of this Section |
17 | | must submit a written report to the auditing official within 60 |
18 | | days of gaining knowledge of the retaliatory action. If the |
19 | | auditing official is the individual doing the improper |
20 | | governmental action, then a report under this subsection may be |
21 | | submitted to any State's Attorney. |
22 | | (c) Each auditing official shall establish written |
23 | | processes and procedures for managing complaints filed under |
24 | | this Section, and each auditing official shall investigate and |
25 | | dispose of reports of improper governmental action in |
26 | | accordance with these processes and procedures.
If an auditing |
|
| | HB3653 Enrolled | - 60 - | LRB101 05541 RLC 50557 b |
|
|
1 | | official concludes that an improper governmental action has |
2 | | taken place or concludes that the relevant unit of local |
3 | | government, department, agency, or supervisory officials have |
4 | | hindered the auditing official's investigation into the |
5 | | report, the auditing official shall notify in writing the chief |
6 | | executive of the unit of local government and any other |
7 | | individual or entity the auditing official deems necessary in |
8 | | the circumstances. |
9 | | (d) An auditing official may transfer a report of improper |
10 | | governmental action to another auditing official for |
11 | | investigation if an auditing official deems it appropriate, |
12 | | including, but not limited to, the appropriate State's |
13 | | Attorney. |
14 | | (e) To the extent allowed by law, the identity of an |
15 | | employee reporting information about an improper governmental |
16 | | action shall be kept confidential unless the employee waives |
17 | | confidentiality in writing. Auditing officials may take |
18 | | reasonable measures to protect employees who reasonably |
19 | | believe they may be subject to bodily harm for reporting |
20 | | improper government action. |
21 | | (f) The following remedies are available to employees |
22 | | subjected to adverse actions for reporting improper government |
23 | | action: |
24 | | (1) Auditing officials may reinstate, reimburse for |
25 | | lost wages or expenses incurred, promote, or provide some |
26 | | other form of restitution. |
|
| | HB3653 Enrolled | - 61 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (2) In instances where an auditing official determines |
2 | | that restitution will not suffice, the auditing official |
3 | | may make his or her investigation findings available for |
4 | | the purposes of aiding in that employee or the employee's |
5 | | attorney's effort to make the employee whole. |
6 | | (g) A person who engages in prohibited retaliatory action |
7 | | under subsection (a) is subject to the following penalties: a |
8 | | fine of no less than $500 and no more than $5,000, suspension |
9 | | without pay, demotion, discharge, civil or criminal |
10 | | prosecution, or any combination of these penalties, as |
11 | | appropriate. |
12 | | (h) Every employee shall receive a written summary or a |
13 | | complete copy of this Section upon commencement of employment |
14 | | and at least once each year of employment. At the same time, |
15 | | the employee shall also receive a copy of the written processes |
16 | | and procedures for reporting improper governmental actions |
17 | | from the applicable auditing official. |
18 | | (i) As used in this Section: |
19 | | "Auditing official" means any elected, appointed, or hired |
20 | | individual, by whatever name, in a unit of local government |
21 | | whose duties are similar to, but not limited to, receiving, |
22 | | registering, and investigating complaints and information |
23 | | concerning misconduct, inefficiency, and waste within the unit |
24 | | of local government; investigating the performance of |
25 | | officers, employees, functions, and programs; and promoting |
26 | | economy, efficiency, effectiveness and integrity in the |
|
| | HB3653 Enrolled | - 62 - | LRB101 05541 RLC 50557 b |
|
|
1 | | administration of the programs and operations of the |
2 | | municipality. If a unit of local government does not have an |
3 | | "auditing official", the "auditing official" shall be a State's |
4 | | Attorney of the county in which the unit of local government is |
5 | | located within. |
6 | | "Employee" means anyone employed by a unit of local |
7 | | government, whether in a permanent or temporary position, |
8 | | including full-time, part-time, and intermittent workers. |
9 | | "Employee" also includes members of appointed boards or |
10 | | commissions, whether or not paid. "Employee" also includes |
11 | | persons who have been terminated because of any report or |
12 | | complaint submitted under this Section. |
13 | | "Improper governmental action" means any action by a unit |
14 | | of local government employee, an appointed member of a board, |
15 | | commission, or committee, or an elected official of the unit of |
16 | | local government that is undertaken in violation of a federal, |
17 | | State, or unit of local government law or rule; is an abuse of |
18 | | authority; violates the public's trust or expectation of his or |
19 | | her conduct; is of substantial and specific danger to the |
20 | | public's health or safety; or is a gross waste of public funds. |
21 | | The action need not be within the scope of the employee's, |
22 | | elected official's, board member's, commission member's, or |
23 | | committee member's official duties to be subject to a claim of |
24 | | "improper governmental action". "Improper governmental action" |
25 | | does not include a unit of local government personnel actions, |
26 | | including, but not limited to employee grievances, complaints, |
|
| | HB3653 Enrolled | - 63 - | LRB101 05541 RLC 50557 b |
|
|
1 | | appointments, promotions, transfers, assignments, |
2 | | reassignments, reinstatements, restorations, reemployment, |
3 | | performance evaluations, reductions in pay, dismissals, |
4 | | suspensions, demotions, reprimands, or violations of |
5 | | collective bargaining agreements, except to the extent that the |
6 | | action amounts to retaliation. |
7 | | "Retaliate", "retaliation", or "retaliatory action" means |
8 | | any adverse change in an employee's employment status or the |
9 | | terms and conditions of employment that results from an |
10 | | employee's protected activity under this Section. "Retaliatory |
11 | | action" includes, but is not limited to, denial of adequate |
12 | | staff to perform duties; frequent staff changes; frequent and |
13 | | undesirable office changes; refusal to assign meaningful work; |
14 | | unsubstantiated letters of reprimand or unsatisfactory |
15 | | performance evaluations; demotion; reduction in pay; denial of |
16 | | promotion; transfer or reassignment; suspension or dismissal; |
17 | | or other disciplinary action made because of an employee's |
18 | | protected activity under this Section. |
19 | | Section 10-140. The Local Records Act is amended by |
20 | | changing Section 3b as follows:
|
21 | | (50 ILCS 205/3b)
|
22 | | Sec. 3b. Arrest records and reports.
|
23 | | (a) When an individual is arrested, the following |
24 | | information must
be made available to the news media for |
|
| | HB3653 Enrolled | - 64 - | LRB101 05541 RLC 50557 b |
|
|
1 | | inspection and copying:
|
2 | | (1) Information that identifies the individual,
|
3 | | including the name, age, address, and photograph, when and |
4 | | if available.
|
5 | | (2) Information detailing any charges relating to the |
6 | | arrest.
|
7 | | (3) The time and location of the arrest.
|
8 | | (4) The name of the investigating or arresting law |
9 | | enforcement agency.
|
10 | | (5) If the individual is incarcerated, the conditions |
11 | | of pretrial release amount of any bail
or bond .
|
12 | | (6) If the individual is incarcerated, the time and |
13 | | date that the
individual was received, discharged, or |
14 | | transferred from the arresting
agency's custody.
|
15 | | (b) The information required by this Section must be made |
16 | | available to the
news media for inspection and copying as soon |
17 | | as practicable, but in no event
shall the time period exceed 72 |
18 | | hours from the arrest. The information
described in paragraphs |
19 | | (3), (4), (5), and (6) of subsection (a), however,
may be |
20 | | withheld if it is determined that disclosure would:
|
21 | | (1) interfere with pending or actually and reasonably |
22 | | contemplated law
enforcement proceedings conducted by any |
23 | | law enforcement or correctional
agency;
|
24 | | (2) endanger the life or physical safety of law |
25 | | enforcement or
correctional personnel or any other person; |
26 | | or
|
|
| | HB3653 Enrolled | - 65 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (3) compromise the security of any correctional |
2 | | facility.
|
3 | | (c) For the purposes of this Section the term "news media" |
4 | | means personnel
of a newspaper or other periodical issued at |
5 | | regular intervals whether in
print or electronic format, a news |
6 | | service whether in print or electronic
format,
a radio station, |
7 | | a television station, a television network, a community
antenna |
8 | | television service,
or a person or corporation engaged in |
9 | | making news reels or other motion picture
news for public |
10 | | showing.
|
11 | | (d) Each law enforcement or correctional agency may charge |
12 | | fees for arrest
records, but in no instance may the fee exceed |
13 | | the actual cost of copying and
reproduction. The fees may not |
14 | | include the cost of the labor used to reproduce
the arrest |
15 | | record.
|
16 | | (e) The provisions of this Section do not supersede the |
17 | | confidentiality
provisions for arrest records of the Juvenile |
18 | | Court Act of 1987.
|
19 | | (f) All information, including photographs, made available |
20 | | under this Section is subject to the provisions of Section 2QQQ |
21 | | of the Consumer Fraud and Deceptive Business Practices Act. |
22 | | (Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16 .)
|
23 | | Section 10-141. The Local Records Act is amended by adding |
24 | | Section 25 as follows: |
|
| | HB3653 Enrolled | - 66 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (50 ILCS 205/25 new) |
2 | | Sec. 25. Police misconduct records. Notwithstanding any |
3 | | other provision of law to the contrary, all public records and |
4 | | nonpublic records related to complaints, investigations, and |
5 | | adjudications of police misconduct shall be permanently |
6 | | retained and may not be destroyed. |
7 | | Section 10-143. The Illinois Police Training Act is amended |
8 | | by changing Sections 6, 6.2, 7, and 10.17 and by adding Section |
9 | | 10.6 as follows:
|
10 | | (50 ILCS 705/6) (from Ch. 85, par. 506)
|
11 | | Sec. 6. Powers and duties of the Board; selection and |
12 | | certification of schools. The Board shall select
and certify |
13 | | schools within the State of
Illinois for the purpose of |
14 | | providing basic training for probationary
police officers, |
15 | | probationary county corrections officers, and
court security |
16 | | officers and
of providing advanced or in-service training for |
17 | | permanent police officers
or permanent
county corrections |
18 | | officers, which schools may be either publicly or
privately |
19 | | owned and operated. In addition, the Board has the following
|
20 | | power and duties:
|
21 | | a. To require local governmental units to furnish such |
22 | | reports and
information as the Board deems necessary to |
23 | | fully implement this Act.
|
24 | | b. To establish appropriate mandatory minimum |
|
| | HB3653 Enrolled | - 67 - | LRB101 05541 RLC 50557 b |
|
|
1 | | standards
relating to the training of probationary local |
2 | | law enforcement officers
or probationary county |
3 | | corrections officers, and in-service training of permanent |
4 | | police officers.
|
5 | | c. To provide appropriate certification to those |
6 | | probationary
officers who successfully complete the |
7 | | prescribed minimum standard basic
training course.
|
8 | | d. To review and approve annual training curriculum for |
9 | | county sheriffs.
|
10 | | e. To review and approve applicants to ensure that no |
11 | | applicant is admitted
to a certified academy unless the |
12 | | applicant is a person of good character
and has not been |
13 | | convicted of, or entered a plea of guilty to, a felony |
14 | | offense, any of the
misdemeanors in Sections 11-1.50, 11-6, |
15 | | 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
17-1, 17-2, |
16 | | 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the |
17 | | Criminal Code
of
1961 or the Criminal Code of 2012, |
18 | | subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the |
19 | | Criminal Code of 1961 or the Criminal Code of 2012, or |
20 | | subsection (a) of Section 17-32 of the Criminal Code of |
21 | | 1961 or the Criminal Code of 2012, or Section 5 or 5.2 of |
22 | | the Cannabis Control Act, or a crime involving
moral
|
23 | | turpitude under the laws of this State or any other state |
24 | | which if
committed in this State would be punishable as a |
25 | | felony or a crime of
moral turpitude. The Board may appoint |
26 | | investigators who shall enforce
the duties conferred upon |
|
| | HB3653 Enrolled | - 68 - | LRB101 05541 RLC 50557 b |
|
|
1 | | the Board by this Act.
|
2 | | f. To establish statewide standards for minimum |
3 | | standards regarding regular mental health screenings for |
4 | | probationary and permanent police officers, ensuring that |
5 | | counseling sessions and screenings remain confidential. |
6 | | (Source: P.A. 101-187, eff. 1-1-20 .)
|
7 | | (50 ILCS 705/6.2)
|
8 | | Sec. 6.2. Officer professional conduct database.
|
9 | | (a) All law enforcement agencies shall notify the Board of |
10 | | any final determination of willful violation of department or |
11 | | agency policy, official misconduct, or violation of law when:
|
12 | | (1) the officer is discharged or dismissed as a result |
13 | | of the violation; or
|
14 | | (2) the officer resigns during the course of an |
15 | | investigation and after the officer has been served notice |
16 | | that he or she is under investigation that is based on the |
17 | | commission of any a Class 2 or greater felony or sex |
18 | | offense .
|
19 | | The agency shall report to the Board within 30 days of a |
20 | | final decision of discharge or dismissal and final exhaustion |
21 | | of any appeal, or resignation, and shall provide information |
22 | | regarding the nature of the violation.
|
23 | | (b) Upon receiving notification from a law enforcement |
24 | | agency, the Board must notify the law enforcement officer of |
25 | | the report and his or her right to provide a statement |
|
| | HB3653 Enrolled | - 69 - | LRB101 05541 RLC 50557 b |
|
|
1 | | regarding the reported violation. |
2 | | (c) The Board shall maintain a database readily available |
3 | | to any chief administrative officer, or his or her designee, of |
4 | | a law enforcement agency or any State's Attorney that shall |
5 | | show each reported instance, including the name of the officer, |
6 | | the nature of the violation, reason for the final decision of |
7 | | discharge or dismissal, and any statement provided by the |
8 | | officer.
|
9 | | (Source: P.A. 99-352, eff. 1-1-16 .)
|
10 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
|
11 | | Sec. 7. Rules and standards for schools. The Board shall |
12 | | adopt rules and
minimum standards for such schools which shall |
13 | | include, but not be limited to,
the following:
|
14 | | a. The curriculum for probationary police officers |
15 | | which shall be
offered by all certified schools shall |
16 | | include, but not be limited to,
courses of procedural |
17 | | justice, arrest and use and control tactics, search and |
18 | | seizure, including temporary questioning, civil rights, |
19 | | human rights, human relations,
cultural competency, |
20 | | including implicit bias and racial and ethnic sensitivity,
|
21 | | criminal law, law of criminal procedure, constitutional |
22 | | and proper use of law enforcement authority, crisis |
23 | | intervention training, vehicle and traffic law including
|
24 | | uniform and non-discriminatory enforcement of the Illinois |
25 | | Vehicle Code,
traffic control and accident investigation, |
|
| | HB3653 Enrolled | - 70 - | LRB101 05541 RLC 50557 b |
|
|
1 | | techniques of obtaining
physical evidence, court |
2 | | testimonies, statements, reports, firearms
training, |
3 | | training in the use of electronic control devices, |
4 | | including the psychological and physiological effects of |
5 | | the use of those devices on humans, first-aid (including |
6 | | cardiopulmonary resuscitation), training in the |
7 | | administration of opioid antagonists as defined in |
8 | | paragraph (1) of subsection (e) of Section 5-23 of the |
9 | | Substance Use Disorder Act, handling of
juvenile |
10 | | offenders, recognition of
mental conditions and crises, |
11 | | including, but not limited to, the disease of addiction, |
12 | | which require immediate assistance and response and |
13 | | methods to
safeguard and provide assistance to a person in |
14 | | need of mental
treatment, recognition of abuse, neglect, |
15 | | financial exploitation, and self-neglect of adults with |
16 | | disabilities and older adults, as defined in Section 2 of |
17 | | the Adult Protective Services Act, crimes against the |
18 | | elderly, law of evidence, the hazards of high-speed police |
19 | | vehicle
chases with an emphasis on alternatives to the |
20 | | high-speed chase, and
physical training. The curriculum |
21 | | shall include specific training in
techniques for |
22 | | immediate response to and investigation of cases of |
23 | | domestic
violence and of sexual assault of adults and |
24 | | children, including cultural perceptions and common myths |
25 | | of sexual assault and sexual abuse as well as interview |
26 | | techniques that are age sensitive and are trauma informed, |
|
| | HB3653 Enrolled | - 71 - | LRB101 05541 RLC 50557 b |
|
|
1 | | victim centered, and victim sensitive. The curriculum |
2 | | shall include
training in techniques designed to promote |
3 | | effective
communication at the initial contact with crime |
4 | | victims and ways to comprehensively
explain to victims and |
5 | | witnesses their rights under the Rights
of Crime Victims |
6 | | and Witnesses Act and the Crime
Victims Compensation Act. |
7 | | The curriculum shall also include training in effective |
8 | | recognition of and responses to stress, trauma, and |
9 | | post-traumatic stress experienced by police officers that |
10 | | is consistent with Section 25 of the Illinois Mental Health |
11 | | First Aid Training Act in a peer setting, including |
12 | | recognizing signs and symptoms of work-related cumulative |
13 | | stress, issues that may lead to suicide, and solutions for |
14 | | intervention with peer support resources. The curriculum |
15 | | shall include a block of instruction addressing the |
16 | | mandatory reporting requirements under the Abused and |
17 | | Neglected Child Reporting Act. The curriculum shall also |
18 | | include a block of instruction aimed at identifying and |
19 | | interacting with persons with autism and other |
20 | | developmental or physical disabilities, reducing barriers |
21 | | to reporting crimes against persons with autism, and |
22 | | addressing the unique challenges presented by cases |
23 | | involving victims or witnesses with autism and other |
24 | | developmental disabilities. The curriculum shall include |
25 | | training in the detection and investigation of all forms of |
26 | | human trafficking. The curriculum shall also include |
|
| | HB3653 Enrolled | - 72 - | LRB101 05541 RLC 50557 b |
|
|
1 | | instruction in trauma-informed responses designed to |
2 | | ensure the physical safety and well-being of a child of an |
3 | | arrested parent or immediate family member; this |
4 | | instruction must include, but is not limited to: (1) |
5 | | understanding the trauma experienced by the child while |
6 | | maintaining the integrity of the arrest and safety of |
7 | | officers, suspects, and other involved individuals; (2) |
8 | | de-escalation tactics that would include the use of force |
9 | | when reasonably necessary; and (3) inquiring whether a |
10 | | child will require supervision and care. The curriculum for |
11 | | probationary police officers shall include: (1) at least 12 |
12 | | hours of hands-on, scenario-based role-playing; (2) at |
13 | | least 6 hours of instruction on use of force techniques, |
14 | | including the use of de-escalation techniques to prevent or |
15 | | reduce the need for force whenever safe and feasible; (3) |
16 | | specific training on officer safety techniques, including |
17 | | cover, concealment, and time; and (4) at least 6 hours of |
18 | | training focused on high-risk traffic stops. The |
19 | | curriculum for
permanent police officers shall include, |
20 | | but not be limited to: (1) refresher
and in-service |
21 | | training in any of the courses listed above in this
|
22 | | subparagraph, (2) advanced courses in any of the subjects |
23 | | listed above in
this subparagraph, (3) training for |
24 | | supervisory personnel, and (4)
specialized training in |
25 | | subjects and fields to be selected by the board. The |
26 | | training in the use of electronic control devices shall be |
|
| | HB3653 Enrolled | - 73 - | LRB101 05541 RLC 50557 b |
|
|
1 | | conducted for probationary police officers, including |
2 | | University police officers.
|
3 | | b. Minimum courses of study, attendance requirements |
4 | | and equipment
requirements.
|
5 | | c. Minimum requirements for instructors.
|
6 | | d. Minimum basic training requirements, which a |
7 | | probationary police
officer must satisfactorily complete |
8 | | before being eligible for permanent
employment as a local |
9 | | law enforcement officer for a participating local
|
10 | | governmental agency. Those requirements shall include |
11 | | training in first aid
(including cardiopulmonary |
12 | | resuscitation).
|
13 | | e. Minimum basic training requirements, which a |
14 | | probationary county
corrections officer must |
15 | | satisfactorily complete before being eligible for
|
16 | | permanent employment as a county corrections officer for a |
17 | | participating
local governmental agency.
|
18 | | f. Minimum basic training requirements which a |
19 | | probationary court
security officer must satisfactorily |
20 | | complete before being eligible for
permanent employment as |
21 | | a court security officer for a participating local
|
22 | | governmental agency. The Board shall
establish those |
23 | | training requirements which it considers appropriate for |
24 | | court
security officers and shall certify schools to |
25 | | conduct that training.
|
26 | | A person hired to serve as a court security officer |
|
| | HB3653 Enrolled | - 74 - | LRB101 05541 RLC 50557 b |
|
|
1 | | must obtain from the
Board a certificate (i) attesting to |
2 | | his or her successful completion of the
training course; |
3 | | (ii) attesting to his or her satisfactory
completion of a |
4 | | training program of similar content and number of hours |
5 | | that
has been found acceptable by the Board under the |
6 | | provisions of this Act; or
(iii) attesting to the Board's |
7 | | determination that the training
course is unnecessary |
8 | | because of the person's extensive prior law enforcement
|
9 | | experience.
|
10 | | Individuals who currently serve as court security |
11 | | officers shall be deemed
qualified to continue to serve in |
12 | | that capacity so long as they are certified
as provided by |
13 | | this Act within 24 months of June 1, 1997 (the effective |
14 | | date of Public Act 89-685). Failure to be so certified, |
15 | | absent a waiver from the
Board, shall cause the officer to |
16 | | forfeit his or her position.
|
17 | | All individuals hired as court security officers on or |
18 | | after June 1, 1997 (the effective
date of Public Act |
19 | | 89-685) shall be certified within 12 months of the
date of |
20 | | their hire, unless a waiver has been obtained by the Board, |
21 | | or they
shall forfeit their positions.
|
22 | | The Sheriff's Merit Commission, if one exists, or the |
23 | | Sheriff's Office if
there is no Sheriff's Merit Commission, |
24 | | shall maintain a list of all
individuals who have filed |
25 | | applications to become court security officers and
who meet |
26 | | the eligibility requirements established under this Act. |
|
| | HB3653 Enrolled | - 75 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Either
the Sheriff's Merit Commission, or the Sheriff's |
2 | | Office if no Sheriff's Merit
Commission exists, shall |
3 | | establish a schedule of reasonable intervals for
|
4 | | verification of the applicants' qualifications under
this |
5 | | Act and as established by the Board.
|
6 | | g. Minimum in-service training requirements, which a |
7 | | police officer must satisfactorily complete every 3 years. |
8 | | Those requirements shall include constitutional and proper |
9 | | use of law enforcement authority, procedural justice, |
10 | | civil rights, human rights, mental health awareness and |
11 | | response, officer wellness, reporting child abuse and |
12 | | neglect, and cultural competency , including implicit bias |
13 | | and racial and ethnic sensitivity . |
14 | | h. Minimum in-service training requirements, which a |
15 | | police officer must satisfactorily complete at least |
16 | | annually. Those requirements shall include law updates , |
17 | | emergency medical response training and certification, |
18 | | crisis intervention training, and officer wellness and |
19 | | mental health and use of force training which shall include |
20 | | scenario based training, or similar training approved by |
21 | | the Board . |
22 | | i. Minimum in-service training requirements as set |
23 | | forth in Section 10.6. |
24 | | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; |
25 | | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. |
26 | | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, |
|
| | HB3653 Enrolled | - 76 - | LRB101 05541 RLC 50557 b |
|
|
1 | | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; |
2 | | 101-564, eff. 1-1-20; revised 9-10-19.)
|
3 | | (50 ILCS 705/10.6 new) |
4 | | Sec. 10.6. Mandatory training to be completed every 3 |
5 | | years. The Board shall adopt rules and
minimum standards for |
6 | | in-service training requirements as set forth in this Section. |
7 | | The training shall provide officers with knowledge of policies |
8 | | and laws regulating the use of force; equip officers with |
9 | | tactics and skills, including de-escalation techniques, to |
10 | | prevent or reduce the need to use force or, when force must be |
11 | | used, to use force that is objectively reasonable, necessary, |
12 | | and proportional under the totality of the circumstances; and |
13 | | ensure appropriate supervision and accountability.
The |
14 | | training shall consist of at least 30 hours of training every 3 |
15 | | years and shall include: |
16 | | (1) At least 12 hours of hands-on, scenario-based |
17 | | role-playing. |
18 | | (2) At least 6 hours of instruction on use of force |
19 | | techniques, including the use of de-escalation techniques to |
20 | | prevent or reduce the need for force whenever safe and |
21 | | feasible. |
22 | | (3) Specific training on the law concerning stops, |
23 | | searches, and the use of force under the Fourth Amendment to |
24 | | the United States Constitution. |
25 | | (4) Specific training on officer safety techniques, |
|
| | HB3653 Enrolled | - 77 - | LRB101 05541 RLC 50557 b |
|
|
1 | | including cover, concealment, and time. |
2 | | (5) At least 6 hours of training focused on high-risk |
3 | | traffic stops. |
4 | | (50 ILCS 705/10.17) |
5 | | Sec. 10.17. Crisis intervention team training; mental |
6 | | health awareness training. |
7 | | (a) The Illinois Law Enforcement Training Standards Board |
8 | | shall develop and approve a standard curriculum for certified |
9 | | training programs in crisis intervention of at least 40 hours |
10 | | addressing specialized policing responses to people with |
11 | | mental illnesses. The Board shall conduct Crisis Intervention |
12 | | Team (CIT) training programs that train officers to identify |
13 | | signs and symptoms of mental illness, to de-escalate situations |
14 | | involving individuals who appear to have a mental illness, and |
15 | | connect that person in crisis to treatment. Crisis Intervention |
16 | | Team (CIT) training programs shall be a collaboration between |
17 | | law enforcement professionals, mental health providers, |
18 | | families, and consumer advocates and must minimally include the |
19 | | following components:
(1) basic information about mental |
20 | | illnesses and how to recognize them; (2) information about |
21 | | mental health laws and resources; (3) learning from family |
22 | | members of individuals with mental illness and their |
23 | | experiences; and (4) verbal de-escalation training and |
24 | | role-plays. Officers who have successfully completed this |
25 | | program shall be issued a certificate attesting to their |
|
| | HB3653 Enrolled | - 78 - | LRB101 05541 RLC 50557 b |
|
|
1 | | attendance of a Crisis Intervention Team (CIT) training |
2 | | program.
|
3 | | (b) The Board shall create an introductory course |
4 | | incorporating adult learning models that provides law |
5 | | enforcement officers with an awareness of mental health issues |
6 | | including a history of the mental health system, types of |
7 | | mental health illness including signs and symptoms of mental |
8 | | illness and common treatments and medications, and the |
9 | | potential interactions law enforcement officers may have on a |
10 | | regular basis with these individuals, their families, and |
11 | | service providers including de-escalating a potential crisis |
12 | | situation. This course, in addition to other traditional |
13 | | learning settings, may be made available in an electronic |
14 | | format. |
15 | | (Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16; |
16 | | 100-247, eff. 1-1-18 .) |
17 | | Section 10-145. The Law Enforcement Officer-Worn Body |
18 | | Camera Act is amended by changing Sections 10-15, 10-20, and |
19 | | 10-25 as follows: |
20 | | (50 ILCS 706/10-15)
|
21 | | Sec. 10-15. Applicability. |
22 | | (a) All Any law enforcement agencies must employ the use of |
23 | | agency which employs the use of officer-worn body cameras in |
24 | | accordance with is subject to the provisions of this Act, |
|
| | HB3653 Enrolled | - 79 - | LRB101 05541 RLC 50557 b |
|
|
1 | | whether or not the agency receives or has received monies from |
2 | | the Law Enforcement Camera Grant Fund.
|
3 | | (b) All law enforcement agencies must implement the use of |
4 | | body cameras for all law enforcement officers, according to the |
5 | | following schedule: |
6 | | (1) for municipalities and counties with populations |
7 | | of 500,000 or more, body cameras shall be implemented by |
8 | | January 1, 2022; |
9 | | (2) for municipalities and counties with populations |
10 | | of 100,000 or more but under 500,000, body cameras shall be |
11 | | implemented by January 1, 2023; |
12 | | (3) for municipalities and counties with populations |
13 | | of 50,000 or more but under 100,000, body cameras shall be |
14 | | implemented by January 1, 2024; |
15 | | (4) for municipalities and counties under 50,000, body |
16 | | cameras shall be implemented by January 1, 2025; and |
17 | | (5) for the Department of State Police, body cameras |
18 | | shall be implemented by January 1, 2025. |
19 | | (c) A law enforcement agency's compliance with the |
20 | | requirements under this Section shall receive preference by the |
21 | | Illinois Law Enforcement Training Standards Board in awarding |
22 | | grant funding under the Law Enforcement Camera Grant Act. |
23 | | (Source: P.A. 99-352, eff. 1-1-16 .) |
24 | | (50 ILCS 706/10-20)
|
25 | | Sec. 10-20. Requirements. |
|
| | HB3653 Enrolled | - 80 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (a) The Board shall develop basic guidelines for the use of |
2 | | officer-worn body cameras by law enforcement agencies. The |
3 | | guidelines developed by the Board shall be the basis for the |
4 | | written policy which must be adopted by each law enforcement |
5 | | agency which employs the use of officer-worn body cameras. The |
6 | | written policy adopted by the law enforcement agency must |
7 | | include, at a minimum, all of the following: |
8 | | (1) Cameras must be equipped with pre-event recording, |
9 | | capable of recording at least the 30 seconds prior to |
10 | | camera activation, unless the officer-worn body camera was |
11 | | purchased and acquired by the law enforcement agency prior |
12 | | to July 1, 2015. |
13 | | (2) Cameras must be capable of recording for a period |
14 | | of 10 hours or more, unless the officer-worn body camera |
15 | | was purchased and acquired by the law enforcement agency |
16 | | prior to July 1, 2015. |
17 | | (3) Cameras must be turned on at all times when the |
18 | | officer is in uniform and is responding to calls for |
19 | | service or engaged in any law enforcement-related |
20 | | encounter or activity, that occurs while the officer is on |
21 | | duty. |
22 | | (A) If exigent circumstances exist which prevent |
23 | | the camera from being turned on, the camera must be |
24 | | turned on as soon as practicable. |
25 | | (B) Officer-worn body cameras may be turned off |
26 | | when the officer is inside of a patrol car which is |
|
| | HB3653 Enrolled | - 81 - | LRB101 05541 RLC 50557 b |
|
|
1 | | equipped with a functioning in-car camera; however, |
2 | | the officer must turn on the camera upon exiting the |
3 | | patrol vehicle for law enforcement-related encounters. |
4 | | (C) Officer-worn body cameras may be turned off |
5 | | when the officer is inside a correctional facility |
6 | | which is equipped with a functioning camera system. |
7 | | (4) Cameras must be turned off when:
|
8 | | (A) the victim of a crime requests that the camera |
9 | | be turned off, and unless impractical or impossible, |
10 | | that request is made on the recording; |
11 | | (B) a witness of a crime or a community member who |
12 | | wishes to report a crime requests that the camera be |
13 | | turned off, and unless impractical or impossible that |
14 | | request is made on the recording; or
|
15 | | (C) the officer is interacting with a confidential |
16 | | informant used by the law enforcement agency. |
17 | | However, an officer may continue to record or resume |
18 | | recording a victim or a witness, if exigent circumstances |
19 | | exist, or if the officer has reasonable articulable |
20 | | suspicion that a victim or witness, or confidential |
21 | | informant has committed or is in the process of committing |
22 | | a crime. Under these circumstances, and unless impractical |
23 | | or impossible, the officer must indicate on the recording |
24 | | the reason for continuing to record despite the request of |
25 | | the victim or witness. |
26 | | (4.5) Cameras may be turned off when the officer is |
|
| | HB3653 Enrolled | - 82 - | LRB101 05541 RLC 50557 b |
|
|
1 | | engaged in community caretaking functions. However, the |
2 | | camera must be turned on when the officer has reason to |
3 | | believe that the person on whose behalf the officer is |
4 | | performing a community caretaking function has committed |
5 | | or is in the process of committing a crime. If exigent |
6 | | circumstances exist which prevent the camera from being |
7 | | turned on, the camera must be turned on as soon as |
8 | | practicable. |
9 | | (5) The officer must provide notice of recording to any |
10 | | person if the person has a reasonable expectation of |
11 | | privacy and proof of notice must be evident in the |
12 | | recording.
If exigent circumstances exist which prevent |
13 | | the officer from providing notice, notice must be provided |
14 | | as soon as practicable. |
15 | | (6) (A) For the purposes of redaction, labeling, or |
16 | | duplicating recordings, access to camera recordings shall |
17 | | be restricted to only those personnel responsible for those |
18 | | purposes. The recording officer and his or her supervisor |
19 | | of the recording officer may access and review recordings |
20 | | prior to completing incident reports or other |
21 | | documentation, provided that the officer or his or her |
22 | | supervisor discloses that fact in the report or |
23 | | documentation. |
24 | | (B) The recording officer's assigned field |
25 | | training officer may access and review recordings for |
26 | | training purposes. Any detective or investigator |
|
| | HB3653 Enrolled | - 83 - | LRB101 05541 RLC 50557 b |
|
|
1 | | directly involved in the investigation of a matter may |
2 | | access and review recordings which pertain to that |
3 | | investigation but may not have access to delete or |
4 | | alter such recordings. |
5 | | (7) Recordings made on officer-worn cameras must be |
6 | | retained by the law enforcement agency or by the camera |
7 | | vendor used by the agency, on a recording medium for a |
8 | | period of 90 days. |
9 | | (A) Under no circumstances shall any recording |
10 | | made with an officer-worn body camera be altered, |
11 | | erased, or destroyed prior to the expiration of the |
12 | | 90-day storage period.
|
13 | | (B) Following the 90-day storage period, any and |
14 | | all recordings made with an officer-worn body camera |
15 | | must be destroyed, unless any encounter captured on the |
16 | | recording has been flagged. An encounter is deemed to |
17 | | be flagged when:
|
18 | | (i) a formal or informal complaint has been |
19 | | filed; |
20 | | (ii) the officer discharged his or her firearm |
21 | | or used force during the encounter;
|
22 | | (iii) death or great bodily harm occurred to |
23 | | any person in the recording;
|
24 | | (iv) the encounter resulted in a detention or |
25 | | an arrest, excluding traffic stops which resulted |
26 | | in only a minor traffic offense or business |
|
| | HB3653 Enrolled | - 84 - | LRB101 05541 RLC 50557 b |
|
|
1 | | offense; |
2 | | (v) the officer is the subject of an internal |
3 | | investigation or otherwise being investigated for |
4 | | possible misconduct;
|
5 | | (vi) the supervisor of the officer, |
6 | | prosecutor, defendant, or court determines that |
7 | | the encounter has evidentiary value in a criminal |
8 | | prosecution; or |
9 | | (vii) the recording officer requests that the |
10 | | video be flagged for official purposes related to |
11 | | his or her official duties. |
12 | | (C) Under no circumstances shall any recording |
13 | | made with an officer-worn body camera relating to a |
14 | | flagged encounter be altered or destroyed prior to 2 |
15 | | years after the recording was flagged. If the flagged |
16 | | recording was used in a criminal, civil, or |
17 | | administrative proceeding, the recording shall not be |
18 | | destroyed except upon a final disposition and order |
19 | | from the court. |
20 | | (8) Following the 90-day storage period, recordings |
21 | | may be retained if a supervisor at the law enforcement |
22 | | agency designates the recording for training purposes. If |
23 | | the recording is designated for training purposes, the |
24 | | recordings may be viewed by officers, in the presence of a |
25 | | supervisor or training instructor, for the purposes of |
26 | | instruction, training, or ensuring compliance with agency |
|
| | HB3653 Enrolled | - 85 - | LRB101 05541 RLC 50557 b |
|
|
1 | | policies.
|
2 | | (9) Recordings shall not be used to discipline law |
3 | | enforcement officers unless: |
4 | | (A) a formal or informal complaint of misconduct |
5 | | has been made; |
6 | | (B) a use of force incident has occurred; |
7 | | (C) the encounter on the recording could result in |
8 | | a formal investigation under the Uniform Peace |
9 | | Officers' Disciplinary Act; or |
10 | | (D) as corroboration of other evidence of |
11 | | misconduct. |
12 | | Nothing in this paragraph (9) shall be construed to |
13 | | limit or prohibit a law enforcement officer from being |
14 | | subject to an action that does not amount to discipline. |
15 | | (10) The law enforcement agency shall ensure proper |
16 | | care and maintenance of officer-worn body cameras. Upon |
17 | | becoming aware, officers must as soon as practical document |
18 | | and notify the appropriate supervisor of any technical |
19 | | difficulties, failures, or problems with the officer-worn |
20 | | body camera or associated equipment. Upon receiving |
21 | | notice, the appropriate supervisor shall make every |
22 | | reasonable effort to correct and repair any of the |
23 | | officer-worn body camera equipment. |
24 | | (11) No officer may hinder or prohibit any person, not |
25 | | a law enforcement officer, from recording a law enforcement |
26 | | officer in the performance of his or her duties in a public |
|
| | HB3653 Enrolled | - 86 - | LRB101 05541 RLC 50557 b |
|
|
1 | | place or when the officer has no reasonable expectation of |
2 | | privacy.
The law enforcement agency's written policy shall |
3 | | indicate the potential criminal penalties, as well as any |
4 | | departmental discipline, which may result from unlawful |
5 | | confiscation or destruction of the recording medium of a |
6 | | person who is not a law enforcement officer. However, an |
7 | | officer may take reasonable action to maintain safety and |
8 | | control, secure crime scenes and accident sites, protect |
9 | | the integrity and confidentiality of investigations, and |
10 | | protect the public safety and order. |
11 | | (b) Recordings made with the use of an officer-worn body |
12 | | camera are not subject to disclosure under the Freedom of |
13 | | Information Act, except that: |
14 | | (1) if the subject of the encounter has a reasonable |
15 | | expectation of privacy, at the time of the recording, any |
16 | | recording which is flagged, due to the filing of a |
17 | | complaint, discharge of a firearm, use of force, arrest or |
18 | | detention, or resulting death or bodily harm, shall be |
19 | | disclosed in accordance with the Freedom of Information Act |
20 | | if: |
21 | | (A) the subject of the encounter captured on the |
22 | | recording is a victim or witness; and |
23 | | (B) the law enforcement agency obtains written |
24 | | permission of the subject or the subject's legal |
25 | | representative; |
26 | | (2) except as provided in paragraph (1) of this |
|
| | HB3653 Enrolled | - 87 - | LRB101 05541 RLC 50557 b |
|
|
1 | | subsection (b), any recording which is flagged due to the |
2 | | filing of a complaint, discharge of a firearm, use of |
3 | | force, arrest or detention, or resulting death or bodily |
4 | | harm shall be disclosed in accordance with the Freedom of |
5 | | Information Act; and |
6 | | (3) upon request, the law enforcement agency shall |
7 | | disclose, in accordance with the Freedom of Information |
8 | | Act, the recording to the subject of the encounter captured |
9 | | on the recording or to the subject's attorney, or the |
10 | | officer or his or her legal representative. |
11 | | For the purposes of paragraph (1) of this subsection (b), |
12 | | the subject of the encounter does not have a reasonable |
13 | | expectation of privacy if the subject was arrested as a result |
14 | | of the encounter. For purposes of subparagraph (A) of paragraph |
15 | | (1) of this subsection (b), "witness" does not include a person |
16 | | who is a victim or who was arrested as a result of the |
17 | | encounter.
|
18 | | Only recordings or portions of recordings responsive to the |
19 | | request shall be available for inspection or reproduction. Any |
20 | | recording disclosed under the Freedom of Information Act shall |
21 | | be redacted to remove identification of any person that appears |
22 | | on the recording and is not the officer, a subject of the |
23 | | encounter, or directly involved in the encounter. Nothing in |
24 | | this subsection (b) shall require the disclosure of any |
25 | | recording or portion of any recording which would be exempt |
26 | | from disclosure under the Freedom of Information Act. |
|
| | HB3653 Enrolled | - 88 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (c) Nothing in this Section shall limit access to a camera |
2 | | recording for the purposes of complying with Supreme Court |
3 | | rules or the rules of evidence.
|
4 | | (Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.) |
5 | | (50 ILCS 706/10-25)
|
6 | | Sec. 10-25. Reporting. |
7 | | (a) Each law enforcement agency which employs the use of |
8 | | officer-worn body cameras must provide an annual report on the |
9 | | use of officer-worn body cameras to the Board, on or before May |
10 | | 1 of the year. The report shall include:
|
11 | | (1) a brief overview of the makeup of the agency, |
12 | | including the number of officers utilizing officer-worn |
13 | | body cameras; |
14 | | (2) the number of officer-worn body cameras utilized by |
15 | | the law enforcement agency; |
16 | | (3) any technical issues with the equipment and how |
17 | | those issues were remedied; |
18 | | (4) a brief description of the review process used by |
19 | | supervisors within the law enforcement agency; |
20 | | (5) for each recording used in prosecutions of |
21 | | conservation, criminal, or traffic offenses or municipal |
22 | | ordinance violations: |
23 | | (A) the time, date, location, and precinct of the |
24 | | incident; |
25 | | (B) the offense charged and the date charges were |
|
| | HB3653 Enrolled | - 89 - | LRB101 05541 RLC 50557 b |
|
|
1 | | filed; and |
2 | | (6) any other information relevant to the |
3 | | administration of the program. |
4 | | (b) On or before July 30 of each year, the Board must |
5 | | analyze the law enforcement agency reports and provide an |
6 | | annual report to the General Assembly and the Governor.
|
7 | | (Source: P.A. 99-352, eff. 1-1-16 .) |
8 | | Section 10-147. The Uniform Crime Reporting Act is amended |
9 | | by changing Sections 5-10, 5-12, and 5-20 and by adding Section |
10 | | 5-11 as follows: |
11 | | (50 ILCS 709/5-10)
|
12 | | Sec. 5-10. Central repository of crime statistics. The |
13 | | Department of State Police shall be a central repository and |
14 | | custodian of crime statistics for the State and shall have all |
15 | | the power necessary to carry out the purposes of this Act, |
16 | | including the power to demand and receive cooperation in the |
17 | | submission of crime statistics from all law enforcement |
18 | | agencies. All data and information provided to the Department |
19 | | under this Act must be provided in a manner and form prescribed |
20 | | by the Department. On an annual basis, the Department shall |
21 | | make available compilations of crime statistics and monthly |
22 | | reporting required to be reported by each law enforcement |
23 | | agency.
|
24 | | (Source: P.A. 99-352, eff. 1-1-16 .) |
|
| | HB3653 Enrolled | - 90 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (50 ILCS 709/5-11 new) |
2 | | Sec. 5-11. FBI National Use of Force Database. The |
3 | | Department shall participate in and regularly submit use of |
4 | | force information to the Federal Bureau of Investigation (FBI) |
5 | | National Use of Force Database. Within 90 days of the effective |
6 | | date of this amendatory act, the Department shall promulgate |
7 | | rules outlining the use of force information required for |
8 | | submission to the Database, which shall be submitted monthly by |
9 | | law enforcement agencies under Section 5-12. |
10 | | (50 ILCS 709/5-12)
|
11 | | Sec. 5-12. Monthly reporting. All law enforcement agencies |
12 | | shall submit to the Department of State Police on a monthly |
13 | | basis the following: |
14 | | (1) beginning January 1, 2016, a report on any |
15 | | arrest-related death that shall include information |
16 | | regarding the deceased, the officer, any weapon used by the |
17 | | officer or the deceased, and the circumstances of the |
18 | | incident. The Department shall submit on a quarterly basis |
19 | | all information collected under this paragraph (1) to the |
20 | | Illinois Criminal Justice Information Authority, |
21 | | contingent upon updated federal guidelines regarding the |
22 | | Uniform Crime Reporting Program; |
23 | | (2) beginning January 1, 2017, a report on any instance |
24 | | when a law enforcement officer discharges his or her |
|
| | HB3653 Enrolled | - 91 - | LRB101 05541 RLC 50557 b |
|
|
1 | | firearm causing a non-fatal injury to a person, during the |
2 | | performance of his or her official duties or in the line of |
3 | | duty; |
4 | | (3) a report of incident-based information on hate |
5 | | crimes including information describing the offense, |
6 | | location of the offense, type of victim, offender, and bias |
7 | | motivation. If no hate crime incidents occurred during a |
8 | | reporting month, the law enforcement agency must submit a |
9 | | no incident record, as required by the Department; |
10 | | (4) a report on any incident of an alleged commission |
11 | | of a domestic crime, that shall include information |
12 | | regarding the victim, offender, date and time of the |
13 | | incident, any injury inflicted, any weapons involved in the |
14 | | commission of the offense, and the relationship between the |
15 | | victim and the offender; |
16 | | (5) data on an index of offenses selected by the |
17 | | Department based on the seriousness of the offense, |
18 | | frequency of occurrence of the offense, and likelihood of |
19 | | being reported to law enforcement. The data shall include |
20 | | the number of index crime offenses committed and number of |
21 | | associated arrests; and |
22 | | (6) data on offenses and incidents reported by schools |
23 | | to local law enforcement. The data shall include offenses |
24 | | defined as an attack against school personnel, |
25 | | intimidation offenses, drug incidents, and incidents |
26 | | involving weapons ; .
|
|
| | HB3653 Enrolled | - 92 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (7) beginning on July 1, 2021, a report on any incident |
2 | | where a law enforcement officer was dispatched to deal with |
3 | | a person experiencing a mental health crisis or incident. |
4 | | The report shall include the number of incidents, the level |
5 | | of law enforcement response and the outcome of each |
6 | | incident; |
7 | | (8) beginning on July 1, 2021, a report on use of |
8 | | force, including any action that resulted in the death or |
9 | | serious bodily injury of a person or the discharge of a |
10 | | firearm at or in the direction of a person. The report |
11 | | shall include information required by the Department, |
12 | | pursuant to Section 5-11 of this Act. |
13 | | (Source: P.A. 99-352, eff. 1-1-16 .) |
14 | | (50 ILCS 709/5-20)
|
15 | | Sec. 5-20. Reporting compliance. The Department of State |
16 | | Police shall annually report to the Illinois Law Enforcement |
17 | | Training Standards Board and the Department of Revenue any law |
18 | | enforcement agency not in compliance with the reporting |
19 | | requirements under this Act. A law enforcement agency's |
20 | | compliance with the reporting requirements under this Act shall |
21 | | be a factor considered by the Illinois Law Enforcement Training |
22 | | Standards Board in awarding grant funding under the Law |
23 | | Enforcement Camera Grant Act , with preference to law |
24 | | enforcement agencies which are in compliance with reporting |
25 | | requirements under this Act .
|
|
| | HB3653 Enrolled | - 93 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (Source: P.A. 99-352, eff. 1-1-16 .) |
2 | | Section 10-150. The Uniform Peace Officers' Disciplinary |
3 | | Act is amended by changing Sections 3.2, 3.4, and 3.8 as |
4 | | follows:
|
5 | | (50 ILCS 725/3.2) (from Ch. 85, par. 2555)
|
6 | | Sec. 3.2.
No officer shall be subjected to interrogation |
7 | | without first
being informed in writing of the nature of the |
8 | | investigation. If an administrative
proceeding is instituted, |
9 | | the officer shall be informed beforehand of the
names of all |
10 | | complainants. The information shall be sufficient as to |
11 | | reasonably
apprise the officer of the nature of the |
12 | | investigation.
|
13 | | (Source: P.A. 83-981.)
|
14 | | (50 ILCS 725/3.4) (from Ch. 85, par. 2557)
|
15 | | Sec. 3.4. The officer under investigation shall be informed |
16 | | in writing of the
name, rank and unit or command of the officer |
17 | | in charge of the investigation,
the interrogators , and all |
18 | | persons who will be present on the behalf of the employer |
19 | | during any interrogation except
at a public administrative |
20 | | proceeding. The officer under investigation shall inform the |
21 | | employer of any person who will be present on his or her behalf |
22 | | during any interrogation except at a public administrative |
23 | | hearing.
|
|
| | HB3653 Enrolled | - 94 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (Source: P.A. 94-344, eff. 1-1-06.)
|
2 | | (50 ILCS 725/3.8) (from Ch. 85, par. 2561)
|
3 | | Sec. 3.8. Admissions; counsel; verified complaint.
|
4 | | (a) No officer shall be interrogated without first being |
5 | | advised
in writing that admissions made in the course of the |
6 | | interrogation may be
used as evidence of misconduct or as the |
7 | | basis for charges seeking suspension,
removal, or discharge; |
8 | | and without first being advised in writing that he
or she has |
9 | | the right to counsel of his or her choosing who may be present
|
10 | | to advise him or her at any stage of any interrogation.
|
11 | | (b) It shall not be a requirement for a person Anyone |
12 | | filing a complaint against a sworn peace officer to must have |
13 | | the
complaint supported by a sworn affidavit or any other legal |
14 | | documentation . This ban on an affidavit requirement shall apply |
15 | | to any collective bargaining agreements entered after the |
16 | | effective date of this provision. Any complaint, having been |
17 | | supported by a sworn affidavit, and having been found, in total |
18 | | or in part, to contain knowingly false material information, |
19 | | shall be presented to the appropriate State's Attorney for a |
20 | | determination of prosecution.
|
21 | | (Source: P.A. 97-472, eff. 8-22-11.)
|
22 | | (50 ILCS 725/6 rep.) |
23 | | Section 10-151. The Uniform Peace Officers' Disciplinary |
24 | | Act is amended by repealing Section 6. |
|
| | HB3653 Enrolled | - 95 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section 10-155. The Police and Community Relations |
2 | | Improvement Act is amended by adding Section 1-35 as follows: |
3 | | (50 ILCS 727/1-35 new) |
4 | | Sec. 1-35. Anonymous complaint policy. |
5 | | (a)Any person may file notice of an anonymous complaint to |
6 | | the Illinois Law Enforcement Training Standards Board of any |
7 | | conduct the person believes a law enforcement officer has |
8 | | committed as described in subsection (b) of Section 6.3 of the |
9 | | Illinois Police Training Act. Notwithstanding any other |
10 | | provision in state law or any collective bargaining agreement, |
11 | | the Board shall accept notice and investigate any allegations |
12 | | from individuals who remain anonymous. |
13 | | (b)The Board shall complete a preliminary review of the |
14 | | allegations to determine whether further investigation is |
15 | | warranted. During the preliminary review, the Board will take |
16 | | all reasonable steps to discover any and all objective |
17 | | verifiable evidence relevant to the alleged violation through |
18 | | the identification, retention, review, and analysis of all |
19 | | available evidence, including, but not limited to: all |
20 | | time-sensitive evidence, audio and video evidence, physical |
21 | | evidence, arrest reports, photographic evidence, GPS records, |
22 | | computer data, lab reports, medical documents, and witness |
23 | | interviews. All reasonable steps will be taken to preserve |
24 | | relevant evidence identified during the preliminary |
|
| | HB3653 Enrolled | - 96 - | LRB101 05541 RLC 50557 b |
|
|
1 | | investigation. |
2 | | (c)If the Board determines that for an anonymous notice |
3 | | there is objective verifiable evidence to support the |
4 | | allegation or allegations, the Board shall complete a sworn |
5 | | affidavit override to comply with subsection (b) of Section 3.8 |
6 | | of the Uniform Peace Officers' Disciplinary Act. The sworn |
7 | | affidavit override shall be specified on a form to be |
8 | | determined by the Board, including what evidence has been |
9 | | reviewed and, in reliance upon that evidence, it shall be |
10 | | affirmed that it is necessary and appropriate for the |
11 | | investigation to continue. It shall forward that form and the |
12 | | alleged violation in accordance with subsection (f) of Section |
13 | | 6.3 of the Illinois Police Training Act. |
14 | | Section 10-160. The Counties Code is amended by changing |
15 | | Sections 4-5001, 4-12001, and 4-12001.1 as follows:
|
16 | | (55 ILCS 5/4-5001) (from Ch. 34, par. 4-5001)
|
17 | | Sec. 4-5001. Sheriffs; counties of first and second class. |
18 | | The fees of
sheriffs in counties of the first and second class, |
19 | | except when increased
by county ordinance under this Section, |
20 | | shall be as follows:
|
21 | | For serving or attempting to serve summons on each |
22 | | defendant
in each county, $10.
|
23 | | For serving or attempting to serve an order or judgment |
24 | | granting injunctive
relief in each county, $10.
|
|
| | HB3653 Enrolled | - 97 - | LRB101 05541 RLC 50557 b |
|
|
1 | | For serving or attempting to serve each garnishee in each |
2 | | county, $10.
|
3 | | For serving or attempting to serve an order for replevin in |
4 | | each county,
$10.
|
5 | | For serving or attempting to serve an order for attachment |
6 | | on each
defendant in each county, $10.
|
7 | | For serving or attempting to serve a warrant of arrest, $8, |
8 | | to be paid
upon conviction.
|
9 | | For returning a defendant from outside the State of |
10 | | Illinois, upon
conviction, the court shall assess, as court |
11 | | costs, the cost of returning a
defendant to the jurisdiction.
|
12 | | For taking special bail, $1 in each county.
|
13 | | For serving or attempting to serve a subpoena on each
|
14 | | witness, in each county, $10.
|
15 | | For advertising property for sale, $5.
|
16 | | For returning each process, in each county, $5.
|
17 | | Mileage for each mile of necessary travel to serve any such
|
18 | | process as Stated above, calculating from the place of holding |
19 | | court to
the place of residence of the defendant, or witness, |
20 | | 50¢ each way.
|
21 | | For summoning each juror, $3 with 30¢ mileage each way in |
22 | | all counties.
|
23 | | For serving or attempting to serve notice of judgments or |
24 | | levying to
enforce a judgment, $3 with 50¢ mileage each way in |
25 | | all counties.
|
26 | | For taking possession of and removing property levied on, |
|
| | HB3653 Enrolled | - 98 - | LRB101 05541 RLC 50557 b |
|
|
1 | | the officer
shall be allowed to tax the actual cost of such |
2 | | possession or removal.
|
3 | | For feeding each prisoner, such compensation to cover the |
4 | | actual cost
as may be fixed by the county board, but such |
5 | | compensation shall not be
considered a part of the fees of the |
6 | | office.
|
7 | | For attending before a court with prisoner, on an order for |
8 | | habeas
corpus, in each county, $10 per day.
|
9 | | For attending before a court with a prisoner in any |
10 | | criminal
proceeding, in each county, $10 per day.
|
11 | | For each mile of necessary travel in taking such prisoner |
12 | | before the
court as stated above, 15¢ a mile each way.
|
13 | | For serving or attempting to serve an order or judgment for |
14 | | the
possession of real estate in an action of ejectment or in |
15 | | any other action,
or for restitution in an eviction action |
16 | | without aid,
$10 and when aid is necessary, the sheriff shall |
17 | | be allowed to tax in
addition the actual costs thereof, and for |
18 | | each mile of necessary travel,
50¢ each way.
|
19 | | For executing and acknowledging a deed of sale of real |
20 | | estate, in
counties of first class, $4; second class, $4.
|
21 | | For preparing, executing and acknowledging a deed on |
22 | | redemption from
a court sale of real estate in counties of |
23 | | first class, $5; second
class, $5.
|
24 | | For making certificates of sale, and making and filing |
25 | | duplicate, in
counties of first class, $3; in counties of the |
26 | | second class, $3.
|
|
| | HB3653 Enrolled | - 99 - | LRB101 05541 RLC 50557 b |
|
|
1 | | For making certificate of redemption, $3.
|
2 | | For certificate of levy and filing, $3, and the fee for |
3 | | recording
shall be advanced by the judgment creditor and |
4 | | charged as costs.
|
5 | | For taking all civil bonds on legal process , civil and |
6 | | criminal, in counties of
first class,
$1; in second class, $1.
|
7 | | For executing copies in criminal cases, $4 and mileage for |
8 | | each mile
of necessary travel, 20¢ each way.
|
9 | | For executing requisitions from other states, $5.
|
10 | | For conveying each prisoner from the prisoner's own county |
11 | | to the jail
of another county, or from another county to the |
12 | | jail of the prisoner's county,
per mile, for going, only, 30¢.
|
13 | | For conveying persons to the penitentiary, reformatories, |
14 | | Illinois
State Training School for Boys, Illinois State |
15 | | Training School for Girls
and Reception Centers, the following |
16 | | fees, payable out of the State treasury. For each person who is |
17 | | conveyed, 35¢ per mile in going only to
the penitentiary, |
18 | | reformatory, Illinois State Training School for Boys,
Illinois |
19 | | State Training School for Girls and Reception Centers, from the
|
20 | | place of conviction.
|
21 | | The fees provided for transporting persons to the |
22 | | penitentiary,
reformatories, Illinois State Training School |
23 | | for Boys, Illinois State
Training School for Girls and |
24 | | Reception Centers shall be paid for each
trip so made. Mileage |
25 | | as used in this Section means the shortest
practical route, |
26 | | between the place from which the person is to be
transported, |
|
| | HB3653 Enrolled | - 100 - | LRB101 05541 RLC 50557 b |
|
|
1 | | to the penitentiary, reformatories, Illinois State Training
|
2 | | School for Boys, Illinois State Training School for Girls and |
3 | | Reception
Centers and all fees per mile shall be computed on |
4 | | such basis.
|
5 | | For conveying any person to or from any of the charitable
|
6 | | institutions of the State, when properly committed by competent
|
7 | | authority, when one person is conveyed, 35¢ per mile; when two |
8 | | persons
are conveyed at the same time, 35¢ per mile for the |
9 | | first person and 20¢
per mile for the second person; and 10¢ |
10 | | per mile for each additional person.
|
11 | | For conveying a person from the penitentiary to the county |
12 | | jail when
required by law, 35¢ per mile.
|
13 | | For attending Supreme Court, $10 per day.
|
14 | | In addition to the above fees there shall be allowed to the |
15 | | sheriff a fee
of $600 for the sale of real estate which is made |
16 | | by virtue of
any judgment of a court, except that in the case |
17 | | of a sale of unimproved
real estate which sells for $10,000 or |
18 | | less, the fee shall be $150.
In addition to this fee and all |
19 | | other fees provided by this Section, there
shall be allowed to |
20 | | the sheriff a fee in accordance with the following
schedule for |
21 | | the sale of personal estate which is made by virtue of any
|
22 | | judgment of a court:
|
23 | | For judgments up to $1,000, $75;
|
24 | | For judgments from $1,001 to $15,000, $150;
|
25 | | For judgments over $15,000, $300.
|
26 | | The foregoing fees allowed by this Section are the maximum |
|
| | HB3653 Enrolled | - 101 - | LRB101 05541 RLC 50557 b |
|
|
1 | | fees that
may be collected from any officer, agency, department |
2 | | or other
instrumentality of the State. The county board may, |
3 | | however, by ordinance,
increase the fees allowed by this |
4 | | Section and collect those increased fees
from all persons and |
5 | | entities other than officers, agencies, departments
and other |
6 | | instrumentalities of the State if the increase is justified by |
7 | | an
acceptable cost study showing that the fees allowed by this |
8 | | Section are not
sufficient to cover the costs of providing the |
9 | | service. A statement of the
costs of providing each service, |
10 | | program and activity shall be prepared by
the county board. All |
11 | | supporting documents shall be public records and
subject to |
12 | | public examination and audit. All direct and indirect costs, as
|
13 | | defined in the United States Office of Management and Budget |
14 | | Circular A-87,
may be included in the determination of the |
15 | | costs of each service,
program and activity.
|
16 | | In all cases where the judgment is settled by the parties, |
17 | | replevied,
stopped by injunction or paid, or where the property |
18 | | levied upon is not
actually sold, the sheriff shall be allowed |
19 | | his fee for levying and
mileage, together with half the fee for |
20 | | all money collected by him which he
would be entitled to if the |
21 | | same was made by sale to enforce the judgment.
In no case shall |
22 | | the fee exceed the amount of money arising from the sale.
|
23 | | The fee requirements of this Section do not apply to police |
24 | | departments
or other law enforcement agencies. For the purposes |
25 | | of this Section, "law
enforcement agency" means an agency of |
26 | | the State or unit of local government
which is vested by law or |
|
| | HB3653 Enrolled | - 102 - | LRB101 05541 RLC 50557 b |
|
|
1 | | ordinance with the duty to maintain public order
and to enforce |
2 | | criminal laws.
|
3 | | (Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
|
4 | | (55 ILCS 5/4-12001) (from Ch. 34, par. 4-12001)
|
5 | | Sec. 4-12001. Fees of sheriff in third class counties. The |
6 | | officers herein named, in counties of the third class,
shall be |
7 | | entitled to receive the fees herein specified, for the services
|
8 | | mentioned and such other fees as may be provided by law for |
9 | | such other
services not herein designated.
|
10 | | Fees for Sheriff
|
11 | | For serving or attempting to serve any summons on each |
12 | | defendant, $35.
|
13 | | For serving or attempting to serve each alias summons or |
14 | | other process
mileage will be charged as hereinafter provided |
15 | | when the address for
service differs from the address for |
16 | | service on the original summons or
other process.
|
17 | | For serving or attempting to serve all other process, on |
18 | | each defendant, $35.
|
19 | | For serving or attempting to serve a subpoena on each |
20 | | witness, $35.
|
21 | | For serving or attempting to serve each warrant, $35.
|
22 | | For serving or attempting to serve each garnishee, $35.
|
23 | | For summoning each juror, $10.
|
24 | | For serving or attempting to serve each order or judgment |
25 | | for replevin, $35.
|
|
| | HB3653 Enrolled | - 103 - | LRB101 05541 RLC 50557 b |
|
|
1 | | For serving or attempting to serve an order for attachment, |
2 | | on each
defendant, $35.
|
3 | | For serving or attempting to serve an order or judgment for |
4 | | the
possession of real estate in an action of ejectment or in |
5 | | any other action,
or for restitution in an eviction action, |
6 | | without
aid, $35, and when aid is necessary, the sheriff shall |
7 | | be allowed to tax in
addition the actual costs thereof.
|
8 | | For serving or attempting to serve notice of judgment, $35.
|
9 | | For levying to satisfy an order in an action for |
10 | | attachment, $25.
|
11 | | For executing order of court to seize personal property, |
12 | | $25.
|
13 | | For making certificate of levy on real estate and filing or |
14 | | recording
same, $8, and the fee for filing or recording shall |
15 | | be advanced by the
plaintiff in attachment or by the judgment |
16 | | creditor and taxed as costs.
For taking possession of or |
17 | | removing property levied on, the sheriff
shall be allowed to |
18 | | tax the necessary actual costs of such possession or
removal.
|
19 | | For advertising property for sale, $20.
|
20 | | For making certificate of sale and making and filing |
21 | | duplicate for
record, $15, and the fee for recording same shall |
22 | | be advanced by the
judgment creditor and taxed as costs.
|
23 | | For preparing, executing and acknowledging deed on |
24 | | redemption from a
court sale of real estate, $15; for |
25 | | preparing, executing and
acknowledging all other deeds on sale |
26 | | of real estate, $10.
|
|
| | HB3653 Enrolled | - 104 - | LRB101 05541 RLC 50557 b |
|
|
1 | | For making and filing certificate of redemption, $15, and |
2 | | the fee
for recording same shall be advanced by party making |
3 | | the redemption and
taxed as costs.
|
4 | | For making and filing certificate of redemption from a |
5 | | court sale,
$11, and the fee for recording same shall be |
6 | | advanced by the party
making the redemption and taxed as costs.
|
7 | | For taking all bonds on legal process, $10.
|
8 | | For taking special bail, $5.
|
9 | | For returning each process, $15.
|
10 | | Mileage for service or attempted service of all process is |
11 | | a $10 flat fee.
|
12 | | For attending before a court with a prisoner on an order |
13 | | for habeas
corpus, $9 per day.
|
14 | | For executing requisitions from other States, $13.
|
15 | | For conveying each prisoner from the prisoner's county to |
16 | | the jail of
another county, per mile for going only, 25¢.
|
17 | | For committing to or discharging each prisoner from jail, |
18 | | $3.
|
19 | | For feeding each prisoner, such compensation to cover |
20 | | actual costs as
may be fixed by the county board, but such |
21 | | compensation shall not be
considered a part of the fees of the |
22 | | office.
|
23 | | For committing each prisoner to jail under the laws of the |
24 | | United
States, to be paid by the marshal or other person |
25 | | requiring his
confinement, $3.
|
26 | | For feeding such prisoners per day, $3, to be paid by the |
|
| | HB3653 Enrolled | - 105 - | LRB101 05541 RLC 50557 b |
|
|
1 | | marshal or
other person requiring the prisoner's confinement.
|
2 | | For discharging such prisoners, $3.
|
3 | | For conveying persons to the penitentiary, reformatories, |
4 | | Illinois
State Training School for Boys, Illinois State |
5 | | Training School for
Girls, Reception Centers and Illinois |
6 | | Security Hospital, the following
fees, payable out of the State |
7 | | Treasury. When one person is conveyed,
20¢ per mile in going to |
8 | | the penitentiary, reformatories, Illinois State
Training |
9 | | School for Boys, Illinois State Training School for Girls,
|
10 | | Reception Centers and Illinois Security Hospital from the place |
11 | | of
conviction; when 2 persons are conveyed at the same time, |
12 | | 20¢ per mile
for the first and 15¢ per mile for the second |
13 | | person; when more than 2
persons are conveyed at the same time |
14 | | as Stated above, the sheriff shall
be allowed 20¢ per mile for |
15 | | the first, 15¢ per mile
for the second and
10¢ per mile for |
16 | | each additional person.
|
17 | | The fees provided for herein for transporting persons to |
18 | | the
penitentiary, reformatories, Illinois State Training |
19 | | School for Boys,
Illinois State Training School for Girls, |
20 | | Reception Centers and Illinois
Security Hospital, shall be paid |
21 | | for each trip so made. Mileage as used
in this Section means |
22 | | the shortest route on a hard surfaced road,
(either State Bond |
23 | | Issue Route or Federal highways) or railroad,
whichever is |
24 | | shorter, between the place from which the person is to be
|
25 | | transported, to the penitentiary, reformatories, Illinois |
26 | | State Training
School for Boys, Illinois State Training School |
|
| | HB3653 Enrolled | - 106 - | LRB101 05541 RLC 50557 b |
|
|
1 | | for Girls, Reception
Centers and Illinois Security Hospital, |
2 | | and all fees per mile shall be
computed on such basis.
|
3 | | In addition to the above fees, there shall be allowed to |
4 | | the sheriff
a fee of $900 for the sale of real estate which |
5 | | shall be made by virtue
of any judgment of a court. In addition |
6 | | to this fee and all other fees
provided by this Section, there |
7 | | shall be allowed to the sheriff a fee in
accordance with the |
8 | | following schedule for the sale of personal estate
which is |
9 | | made by virtue of any judgment of a
court:
|
10 | | For judgments up to $1,000, $100;
|
11 | | For judgments over $1,000 to $15,000, $300;
|
12 | | For judgments over $15,000, $500.
|
13 | | In all cases where the judgment is settled by the parties, |
14 | | replevied,
stopped by injunction or paid, or where the property |
15 | | levied upon is not
actually sold, the sheriff shall be allowed |
16 | | the fee for levying and
mileage, together with half the fee for |
17 | | all money collected by him or
her which he or she would be |
18 | | entitled to if the same were made by sale
in the enforcement of |
19 | | a judgment. In no case shall the fee exceed the
amount of money |
20 | | arising from the sale.
|
21 | | The fee requirements of this Section do not apply to police |
22 | | departments
or other law enforcement agencies. For the purposes |
23 | | of this Section, "law
enforcement agency" means an agency of |
24 | | the State or unit of local government
which is vested by law or |
25 | | ordinance with the duty to maintain public order
and to enforce |
26 | | criminal laws or ordinances.
|
|
| | HB3653 Enrolled | - 107 - | LRB101 05541 RLC 50557 b |
|
|
1 | | The fee requirements of this Section do not apply to units |
2 | | of local
government or school districts.
|
3 | | (Source: P.A. 100-173, eff. 1-1-18 .)
|
4 | | (55 ILCS 5/4-12001.1) (from Ch. 34, par. 4-12001.1)
|
5 | | Sec. 4-12001.1. Fees of sheriff in third class counties; |
6 | | local
governments and school districts. The officers herein |
7 | | named, in counties of
the third class, shall be entitled to |
8 | | receive the fees herein specified
from all units of local |
9 | | government and school districts, for the services
mentioned and |
10 | | such other fees as may be provided by law for such other
|
11 | | services not herein designated.
|
12 | | Fees for Sheriff
|
13 | | For serving or attempting to serve any summons on each |
14 | | defendant, $25.
|
15 | | For serving or attempting to serve each alias summons or |
16 | | other process
mileage will be charged as hereinafter provided |
17 | | when the address for
service differs from the address for |
18 | | service on the original summons or
other process.
|
19 | | For serving or attempting to serve all other process, on |
20 | | each defendant, $25.
|
21 | | For serving or attempting to serve a subpoena on each |
22 | | witness, $25.
|
23 | | For serving or attempting to serve each warrant, $25.
|
24 | | For serving or attempting to serve each garnishee, $25.
|
25 | | For summoning each juror, $4.
|
|
| | HB3653 Enrolled | - 108 - | LRB101 05541 RLC 50557 b |
|
|
1 | | For serving or attempting to serve each order or judgment |
2 | | for replevin, $25.
|
3 | | For serving or attempting to serve an order for attachment, |
4 | | on each
defendant, $25.
|
5 | | For serving or attempting to serve an order or judgment for |
6 | | the
possession of real estate in an action of ejectment or in |
7 | | any other action,
or for restitution in an eviction action, |
8 | | without
aid, $9, and when aid is necessary, the sheriff shall |
9 | | be allowed to tax in
addition the actual costs thereof.
|
10 | | For serving or attempting to serve notice of judgment, $25.
|
11 | | For levying to satisfy an order in an action for |
12 | | attachment, $25.
|
13 | | For executing order of court to seize personal property, |
14 | | $25.
|
15 | | For making certificate of levy on real estate and filing or |
16 | | recording
same, $3, and the fee for filing or recording shall |
17 | | be advanced by the
plaintiff in attachment or by the judgment |
18 | | creditor and taxed as costs.
For taking possession of or |
19 | | removing property levied on, the sheriff
shall be allowed to |
20 | | tax the necessary actual costs of such possession or
removal.
|
21 | | For advertising property for sale, $3.
|
22 | | For making certificate of sale and making and filing |
23 | | duplicate for
record, $3, and the fee for recording same shall |
24 | | be advanced by the
judgment creditor and taxed as costs.
|
25 | | For preparing, executing and acknowledging deed on |
26 | | redemption from a
court sale of real estate, $6; for preparing, |
|
| | HB3653 Enrolled | - 109 - | LRB101 05541 RLC 50557 b |
|
|
1 | | executing and
acknowledging all other deeds on sale of real |
2 | | estate, $4.
|
3 | | For making and filing certificate of redemption, $3.50, and |
4 | | the fee
for recording same shall be advanced by party making |
5 | | the redemption and
taxed as costs.
|
6 | | For making and filing certificate of redemption from a |
7 | | court sale,
$4.50, and the fee for recording same shall be |
8 | | advanced by the party
making the redemption and taxed as costs.
|
9 | | For taking all bonds on legal process, $2.
|
10 | | For taking special bail, $2.
|
11 | | For returning each process, $5.
|
12 | | Mileage for service or attempted service of all process is |
13 | | a $10 flat fee.
|
14 | | For attending before a court with a prisoner on an order |
15 | | for habeas
corpus, $3.50 per day.
|
16 | | For executing requisitions from other States, $5.
|
17 | | For conveying each prisoner from the prisoner's county to |
18 | | the jail of
another county, per mile for going only, 25¢.
|
19 | | For committing to or discharging each prisoner from jail, |
20 | | $1.
|
21 | | For feeding each prisoner, such compensation to cover |
22 | | actual costs as
may be fixed by the county board, but such |
23 | | compensation shall not be
considered a part of the fees of the |
24 | | office.
|
25 | | For committing each prisoner to jail under the laws of the |
26 | | United
States, to be paid by the marshal or other person |
|
| | HB3653 Enrolled | - 110 - | LRB101 05541 RLC 50557 b |
|
|
1 | | requiring his
confinement, $1.
|
2 | | For feeding such prisoners per day, $1, to be paid by the |
3 | | marshal or
other person requiring the prisoner's confinement.
|
4 | | For discharging such prisoners, $1.
|
5 | | For conveying persons to the penitentiary, reformatories, |
6 | | Illinois
State Training School for Boys, Illinois State |
7 | | Training School for
Girls, Reception Centers and Illinois |
8 | | Security Hospital, the following
fees, payable out of the State |
9 | | Treasury. When one person is conveyed,
15¢ per mile in going to |
10 | | the penitentiary, reformatories, Illinois State
Training |
11 | | School for Boys, Illinois State Training School for Girls,
|
12 | | Reception Centers and Illinois Security Hospital from the place |
13 | | of
conviction; when 2 persons are conveyed at the same time, |
14 | | 15¢ per mile
for the first and 10¢ per mile for the second |
15 | | person; when more than 2
persons are conveyed at the same time |
16 | | as stated above, the sheriff shall
be allowed 15¢ per mile for |
17 | | the first, 10¢ per mile for the second and
5¢ per mile for each |
18 | | additional person.
|
19 | | The fees provided for herein for transporting persons to |
20 | | the
penitentiary, reformatories, Illinois State Training |
21 | | School for Boys,
Illinois State Training School for Girls, |
22 | | Reception Centers and Illinois
Security Hospital, shall be paid |
23 | | for each trip so made. Mileage as used
in this Section means |
24 | | the shortest route on a hard surfaced road,
(either State Bond |
25 | | Issue Route or Federal highways) or railroad,
whichever is |
26 | | shorter, between the place from which the person is to be
|
|
| | HB3653 Enrolled | - 111 - | LRB101 05541 RLC 50557 b |
|
|
1 | | transported, to the penitentiary, reformatories, Illinois |
2 | | State Training
School for Boys, Illinois State Training School |
3 | | for Girls, Reception
Centers and Illinois Security Hospital, |
4 | | and all fees per mile shall be
computed on such basis.
|
5 | | In addition to the above fees, there shall be allowed to |
6 | | the sheriff
a fee of $600 for the sale of real estate which |
7 | | shall be made by virtue
of any judgment of a court. In addition |
8 | | to this fee and all other fees
provided by this Section, there |
9 | | shall be allowed to the sheriff a fee in
accordance with the |
10 | | following schedule for the sale of personal estate
which is |
11 | | made by virtue of any judgment of a
court:
|
12 | | For judgments up to $1,000, $90;
|
13 | | For judgments over $1,000 to $15,000, $275;
|
14 | | For judgments over $15,000, $400.
|
15 | | In all cases where the judgment is settled by the parties, |
16 | | replevied,
stopped by injunction or paid, or where the property |
17 | | levied upon is not
actually sold, the sheriff shall be allowed |
18 | | the fee for levying and
mileage, together with half the fee for |
19 | | all money collected by him or
her which he or she would be |
20 | | entitled to if the same were made by sale
in the enforcement of |
21 | | a judgment. In no case shall the fee exceed the
amount of money |
22 | | arising from the sale. |
23 | |
All fees collected under Sections 4-12001 and 4-12001.1 |
24 | | must be used for public safety purposes only.
|
25 | | (Source: P.A. 100-173, eff. 1-1-18 .)
|
|
| | HB3653 Enrolled | - 112 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section 10-161. The Counties Code is amended by adding |
2 | | Section 3-6041 as follows: |
3 | | (55 ILCS 5/3-6041 new) |
4 | | Sec. 3-6041. Military equipment surplus program. |
5 | | (a) For purposes of this Section: |
6 | | "Bayonet" means a large knife designed to be attached to |
7 | | the muzzle of a rifle, shotgun, or long gun for the purpose of |
8 | | hand-to-hand combat. |
9 | | "Grenade launcher" means a firearm or firearm accessory |
10 | | designed to launch small explosive projectiles. |
11 | | "Military equipment surplus program" means any federal or |
12 | | State program allowing a law enforcement agency to obtain |
13 | | surplus military equipment including, but not limited to, any |
14 | | program organized under Section 1122 of the National Defense |
15 | | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or |
16 | | Section 1033 of the National Defense Authorization Act for |
17 | | Fiscal Year 1997 (Pub. L. 104-201) or any program established |
18 | | under 10 U.S.C. 2576a. |
19 | | "Tracked armored vehicle" means a vehicle that provides |
20 | | ballistic protection to its occupants and utilizes a tracked |
21 | | system installed of wheels for forward motion. |
22 | | "Weaponized aircraft, vessel, or vehicle" means any |
23 | | aircraft, vessel, or vehicle with weapons installed. |
24 | | (b) A sheriff's department shall not request or receive |
25 | | from any military equipment surplus program nor purchase or |
|
| | HB3653 Enrolled | - 113 - | LRB101 05541 RLC 50557 b |
|
|
1 | | otherwise utilize the following equipment: |
2 | | (1) tracked armored vehicles; |
3 | | (2) weaponized aircraft, vessels, or vehicles; |
4 | | (3) firearms of .50-caliber or higher; |
5 | | (4) ammunition of .50-caliber or higher; |
6 | | (5) grenade launchers; or |
7 | | (6) bayonets. |
8 | | (c) A home rule county may not regulate the acquisition of |
9 | | equipment in a manner inconsistent with this Section. This |
10 | | Section is a limitation under subsection (i) of Section 6 of |
11 | | Article VII of the Illinois Constitution on the concurrent |
12 | | exercise by home rule counties of powers and functions |
13 | | exercised by the State. |
14 | | (d) If the sheriff requests property from a military |
15 | | equipment surplus program, the sheriff shall publish notice of |
16 | | the request on a publicly accessible website maintained by the |
17 | | sheriff or the county within 14 days after the request. |
18 | | Section 10-165. The Illinois Municipal Code is amended by |
19 | | adding Section 11-5.1-2 as follows: |
20 | | (65 ILCS 5/11-5.1-2 new) |
21 | | Sec. 11-5.1-2. Military equipment surplus program. |
22 | | (a) For purposes of this Section: |
23 | | "Bayonet" means large knives designed to be attached to the
|
24 | | muzzle of a rifle, shotgun, or long gun for the purposes of
|
|
| | HB3653 Enrolled | - 114 - | LRB101 05541 RLC 50557 b |
|
|
1 | | hand-to-hand combat. |
2 | | "Grenade launcher" means a firearm or firearm accessory
|
3 | | designed to launch small explosive projectiles. |
4 | | "Military equipment surplus program" means any federal or |
5 | | state program allowing a law enforcement agency to obtain
|
6 | | surplus military equipment including, but not limit to, any
|
7 | | program organized under Section 1122 of the National Defense
|
8 | | Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
|
9 | | Section 1033 of the National Defense Authorization Act for
|
10 | | Fiscal Year 1997 (Pub. L. 104-201) or any program established
|
11 | | by the United States Department of Defense under 10 U.S.C.
|
12 | | 2576a. |
13 | | "Tracked armored vehicle" means a vehicle that provides
|
14 | | ballistic protection to its occupants and utilizes a tracked
|
15 | | system installed of wheels for forward motion. |
16 | | "Weaponized aircraft, vessels, or vehicles" means any
|
17 | | aircraft, vessel, or vehicle with weapons installed. |
18 | | (b) A police department shall not request or receive from
|
19 | | any military equipment surplus program nor purchase or
|
20 | | otherwise utilize the following equipment: |
21 | | (1) tracked armored vehicles; |
22 | | (2) weaponized aircraft, vessels, or vehicles; |
23 | | (3) firearms of .50-caliber or higher; |
24 | | (4) ammunition of .50-caliber or higher; |
25 | | (5) grenade launchers, grenades, or similar |
26 | | explosives; or |
|
| | HB3653 Enrolled | - 115 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (6) bayonets. |
2 | | (c) A home rule municipality may not regulate the
|
3 | | acquisition of equipment in a manner inconsistent with this
|
4 | | Section. This Section is a limitation under subsection (i) of
|
5 | | Section 6 of Article VII of the Illinois Constitution on the
|
6 | | concurrent exercise by home rule municipalities of powers and
|
7 | | functions exercised by the State. |
8 | | (d) If a police department requests other property not |
9 | | prohibited from a military equipment surplus
program, the |
10 | | police department shall publish notice of the
request on a |
11 | | publicly accessible website maintained by the
police |
12 | | department or the municipality within 14 days after the
|
13 | | request. |
14 | | (65 ILCS 5/1-2-12.1 rep.) |
15 | | Section 10-170. The Illinois Municipal Code is amended by |
16 | | repealing Section 1-2-12.1. |
17 | | Section 10-175. The Campus Security Enhancement Act of 2008 |
18 | | is amended by changing Section 15 as follows:
|
19 | | (110 ILCS 12/15)
|
20 | | Sec. 15. Arrest reports.
|
21 | | (a) When an individual is arrested, the following |
22 | | information must
be made available to the news media for |
23 | | inspection and copying:
|
|
| | HB3653 Enrolled | - 116 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (1) Information that identifies the individual,
|
2 | | including the name, age, address, and photograph, when and |
3 | | if available.
|
4 | | (2) Information detailing any charges relating to the |
5 | | arrest.
|
6 | | (3) The time and location of the arrest.
|
7 | | (4) The name of the investigating or arresting law |
8 | | enforcement agency.
|
9 | | (5) If the individual is incarcerated, the conditions |
10 | | of pretrial release amount of any bail or bond .
|
11 | | (6) If the individual is incarcerated, the time and |
12 | | date that
the individual was received, discharged, or |
13 | | transferred from the arresting
agency's custody.
|
14 | | (b) The information required by this Section must be made |
15 | | available to
the news media for inspection and copying as soon |
16 | | as practicable, but in no
event shall the time period exceed 72 |
17 | | hours from the arrest. The information
described in paragraphs |
18 | | (3), (4), (5), and (6) of subsection (a), however, may
be |
19 | | withheld if it is determined that disclosure would:
|
20 | | (1) interfere with pending or actually and reasonably |
21 | | contemplated law
enforcement proceedings conducted by any |
22 | | law enforcement or correctional
agency;
|
23 | | (2) endanger the life or physical safety of law |
24 | | enforcement or
correctional personnel or any other person; |
25 | | or
|
26 | | (3) compromise the security of any correctional |
|
| | HB3653 Enrolled | - 117 - | LRB101 05541 RLC 50557 b |
|
|
1 | | facility.
|
2 | | (c) For the purposes of this Section the term "news media" |
3 | | means personnel
of a newspaper or other periodical issued at |
4 | | regular intervals whether in
print or electronic format, a news |
5 | | service whether in print or electronic
format, a radio station, |
6 | | a television station, a television network, a
community antenna |
7 | | television service, or a person or corporation engaged in
|
8 | | making news reels or other motion picture news for public |
9 | | showing.
|
10 | | (d) Each law enforcement or correctional agency may charge |
11 | | fees for arrest
records, but in no instance may the fee exceed |
12 | | the actual cost of copying and
reproduction. The fees may not |
13 | | include the cost of the labor used to reproduce
the arrest |
14 | | record.
|
15 | | (e) The provisions of this Section do not supersede the |
16 | | confidentiality
provisions for arrest records of the Juvenile |
17 | | Court Act of 1987.
|
18 | | (Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01; |
19 | | 92-335, eff.
8-10-01.)
|
20 | | Section 10-180. The Illinois Insurance Code is amended by |
21 | | changing Sections 143.19, 143.19.1, and 205 as follows:
|
22 | | (215 ILCS 5/143.19) (from Ch. 73, par. 755.19)
|
23 | | Sec. 143.19. Cancellation of automobile insurance policy; |
24 | | grounds. After a policy of automobile insurance as defined in |
|
| | HB3653 Enrolled | - 118 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section
143.13(a) has been effective for 60 days, or if such |
2 | | policy is a renewal
policy, the insurer shall not exercise its |
3 | | option to cancel such policy
except for one or more of the |
4 | | following reasons:
|
5 | | a. Nonpayment of premium;
|
6 | | b. The policy was obtained through a material |
7 | | misrepresentation;
|
8 | | c. Any insured violated any of the terms and conditions |
9 | | of the
policy;
|
10 | | d. The named insured failed to disclose fully his motor |
11 | | vehicle
accidents and moving traffic violations for the |
12 | | preceding 36 months if
called for in the application;
|
13 | | e. Any insured made a false or fraudulent claim or |
14 | | knowingly aided
or abetted another in the presentation of |
15 | | such a claim;
|
16 | | f. The named insured or any other operator who either |
17 | | resides in the
same household or customarily operates an |
18 | | automobile insured under such
policy:
|
19 | | 1. has, within the 12 months prior to the notice of
|
20 | | cancellation, had his driver's license under |
21 | | suspension or revocation;
|
22 | | 2. is or becomes subject to epilepsy or heart |
23 | | attacks, and such
individual does not produce a |
24 | | certificate from a physician testifying to
his |
25 | | unqualified ability to operate a motor vehicle safely;
|
26 | | 3. has an accident record, conviction record |
|
| | HB3653 Enrolled | - 119 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (criminal or traffic),
physical, or mental condition |
2 | | which is such that his operation of an
automobile might |
3 | | endanger the public safety;
|
4 | | 4. has, within the 36 months prior to the notice of |
5 | | cancellation,
been addicted to the use of narcotics or |
6 | | other drugs; or
|
7 | | 5. has been convicted, or violated conditions of |
8 | | pretrial release forfeited bail , during the 36 months
|
9 | | immediately preceding the notice of cancellation, for |
10 | | any felony,
criminal negligence resulting in death, |
11 | | homicide or assault arising out
of the operation of a |
12 | | motor vehicle, operating a motor vehicle while in
an |
13 | | intoxicated condition or while under the influence of |
14 | | drugs, being
intoxicated while in, or about, an |
15 | | automobile or while having custody of
an automobile, |
16 | | leaving the scene of an accident without stopping to
|
17 | | report, theft or unlawful taking of a motor vehicle, |
18 | | making false
statements in an application for an |
19 | | operator's or chauffeur's license or
has been |
20 | | convicted or pretrial release has been revoked |
21 | | forfeited bail for 3 or more violations within the
12 |
22 | | months immediately preceding the notice of |
23 | | cancellation, of any law,
ordinance, or regulation |
24 | | limiting the speed of motor vehicles or any of
the |
25 | | provisions of the motor vehicle laws of any state, |
26 | | violation of
which constitutes a misdemeanor, whether |
|
| | HB3653 Enrolled | - 120 - | LRB101 05541 RLC 50557 b |
|
|
1 | | or not the violations were
repetitions of the same |
2 | | offense or different offenses;
|
3 | | g. The insured automobile is:
|
4 | | 1. so mechanically defective that its operation |
5 | | might endanger
public safety;
|
6 | | 2. used in carrying passengers for hire or |
7 | | compensation (the use of
an automobile for a car pool |
8 | | shall not be considered use of an automobile
for hire |
9 | | or compensation);
|
10 | | 3. used in the business of transportation of |
11 | | flammables
or explosives;
|
12 | | 4. an authorized emergency vehicle;
|
13 | | 5. changed in shape or condition during the policy |
14 | | period so as to
increase the risk substantially; or
|
15 | | 6. subject to an inspection law and has not been |
16 | | inspected or, if
inspected, has failed to qualify.
|
17 | | Nothing in this Section shall apply to nonrenewal.
|
18 | | (Source: P.A. 100-201, eff. 8-18-17.)
|
19 | | (215 ILCS 5/143.19.1) (from Ch. 73, par. 755.19.1)
|
20 | | Sec. 143.19.1. Limits on exercise of right of nonrenewal. |
21 | | After a
policy of automobile insurance, as defined in
Section |
22 | | 143.13, has been effective or renewed for 5 or more years, the
|
23 | | company shall not exercise its right of non-renewal unless:
|
24 | | a. The policy was obtained through a material |
25 | | misrepresentation; or
|
|
| | HB3653 Enrolled | - 121 - | LRB101 05541 RLC 50557 b |
|
|
1 | | b. Any insured violated any of the terms and conditions of |
2 | | the
policy; or
|
3 | | c. The named insured failed to disclose fully his motor |
4 | | vehicle
accidents and moving traffic violations for the |
5 | | preceding 36 months, if
such information is called for in the |
6 | | application; or
|
7 | | d. Any insured made a false or fraudulent claim or |
8 | | knowingly aided
or abetted another in the presentation of such |
9 | | a claim; or
|
10 | | e. The named insured or any other operator who either |
11 | | resides in the
same household or customarily operates an |
12 | | automobile insured under such
a policy:
|
13 | | 1. Has, within the 12 months prior to the notice of |
14 | | non-renewal had
his drivers license under suspension or |
15 | | revocation; or
|
16 | | 2. Is or becomes subject to epilepsy or heart attacks, |
17 | | and such
individual does not produce a certificate from a |
18 | | physician testifying to
his unqualified ability to operate |
19 | | a motor vehicle safely; or
|
20 | | 3. Has an accident record, conviction record (criminal |
21 | | or traffic),
or a physical or mental condition which is |
22 | | such that his operation of an
automobile might endanger the |
23 | | public safety; or
|
24 | | 4. Has, within the 36 months prior to the notice of |
25 | | non-renewal,
been addicted to the use of narcotics or other |
26 | | drugs; or
|
|
| | HB3653 Enrolled | - 122 - | LRB101 05541 RLC 50557 b |
|
|
1 | | 5. Has been convicted or pretrial release has been |
2 | | revoked forfeited bail , during the 36 months
immediately |
3 | | preceding the notice of non-renewal, for any felony,
|
4 | | criminal negligence resulting in death, homicide or |
5 | | assault arising out
of the operation of a motor vehicle, |
6 | | operating a motor vehicle while in
an intoxicated condition |
7 | | or while under the influence of drugs, being
intoxicated |
8 | | while in or about an automobile or while having custody of
|
9 | | an automobile, leaving the scene of an accident without |
10 | | stopping to
report, theft or unlawful taking of a motor |
11 | | vehicle, making false
statements in an application for an |
12 | | operators or chauffeurs license, or
has been convicted or |
13 | | pretrial release has been revoked forfeited bail for 3 or |
14 | | more violations within the
12 months immediately preceding |
15 | | the notice of non-renewal, of any law,
ordinance or |
16 | | regulation limiting the speed of motor vehicles or any
of |
17 | | the provisions of the motor vehicle laws of any state, |
18 | | violation of
which constitutes a misdemeanor, whether or |
19 | | not the violations were
repetitions of the same offense or |
20 | | different offenses; or
|
21 | | f. The insured automobile is:
|
22 | | 1. So mechanically defective that its operation might |
23 | | endanger
public safety; or
|
24 | | 2. Used in carrying passengers for hire or compensation |
25 | | (the use of
an automobile for a car pool shall not be |
26 | | considered use of an
automobile for hire or compensation); |
|
| | HB3653 Enrolled | - 123 - | LRB101 05541 RLC 50557 b |
|
|
1 | | or
|
2 | | 3. Used in the business of transportation of flammables |
3 | | or
explosives; or
|
4 | | 4. An authorized emergency vehicle; or
|
5 | | 5. Changed in shape or condition during the policy |
6 | | period so as to
increase the risk substantially; or
|
7 | | 6. Subject to an inspection law and it has not been |
8 | | inspected or, if
inspected, has failed to qualify; or
|
9 | | g. The notice of the intention
not to renew is mailed to |
10 | | the insured at least 60 days before the date of
nonrenewal as |
11 | | provided in Section 143.17.
|
12 | | (Source: P.A. 89-669, eff. 1-1-97.)
|
13 | | (215 ILCS 5/205) (from Ch. 73, par. 817)
|
14 | | Sec. 205. Priority of distribution of general assets.
|
15 | | (1) The priorities of distribution of general assets from |
16 | | the
company's estate is to be as follows:
|
17 | | (a) The costs and expenses of administration, |
18 | | including, but not limited to, the following: |
19 | | (i) The reasonable expenses of the Illinois |
20 | | Insurance Guaranty Fund, the Illinois Life and Health |
21 | | Insurance Guaranty Association, and the Illinois |
22 | | Health Maintenance Organization Guaranty Association |
23 | | and of any similar organization in any other state, |
24 | | including overhead, salaries, and other general |
25 | | administrative expenses allocable to the receivership |
|
| | HB3653 Enrolled | - 124 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (administrative and claims handling expenses and |
2 | | expenses in connection with arrangements for ongoing |
3 | | coverage), but excluding expenses incurred in the |
4 | | performance of duties under Section 547 or similar |
5 | | duties under the statute governing a similar |
6 | | organization in another state. For property and |
7 | | casualty insurance guaranty associations that guaranty |
8 | | certain obligations of any member company as defined by |
9 | | Section 534.5, expenses shall include, but not be |
10 | | limited to, loss adjustment expenses, which shall |
11 | | include adjusting and other expenses and defense and |
12 | | cost containment expenses. The expenses of such |
13 | | property and casualty guaranty associations, including |
14 | | the Illinois Insurance Guaranty Fund, shall be |
15 | | reimbursed as prescribed by Section 545, but shall be |
16 | | subordinate to all other costs and expenses of |
17 | | administration, including the expenses reimbursed |
18 | | pursuant to subparagraph (ii) of this paragraph (a). |
19 | | (ii) The expenses expressly approved or ratified |
20 | | by the Director as liquidator or rehabilitator, |
21 | | including, but not limited to, the following: |
22 | | (1) the actual and necessary costs of |
23 | | preserving or recovering the property of the |
24 | | insurer; |
25 | | (2) reasonable compensation for all services |
26 | | rendered on behalf of the administrative |
|
| | HB3653 Enrolled | - 125 - | LRB101 05541 RLC 50557 b |
|
|
1 | | supervisor or receiver; |
2 | | (3) any necessary filing fees; |
3 | | (4) the fees and mileage payable to witnesses; |
4 | | (5) unsecured loans obtained by the receiver; |
5 | | and |
6 | | (6) expenses approved by the conservator or |
7 | | rehabilitator of the insurer, if any, incurred in the |
8 | | course of the conservation or rehabilitation that are |
9 | | unpaid at the time of the entry of the order of |
10 | | liquidation. |
11 | | Any unsecured loan falling under item (5) of |
12 | | subparagraph (ii) of this paragraph (a) shall have priority |
13 | | over all other costs and expenses of administration, unless |
14 | | the lender agrees otherwise. Absent agreement to the |
15 | | contrary, all other costs and expenses of administration |
16 | | shall be shared on a pro-rata basis, except for the |
17 | | expenses of property and casualty guaranty associations, |
18 | | which shall have a lower priority pursuant to subparagraph |
19 | | (i) of this paragraph (a).
|
20 | | (b) Secured
claims,
including claims for taxes and |
21 | | debts due the federal or any state or local
government, |
22 | | that are secured by liens perfected prior to the
filing of |
23 | | the
complaint.
|
24 | | (c) Claims for wages actually owing to employees for |
25 | | services rendered
within
3 months prior to the date of the |
26 | | filing of the complaint, not exceeding $1,000
to each |
|
| | HB3653 Enrolled | - 126 - | LRB101 05541 RLC 50557 b |
|
|
1 | | employee unless there are claims due the federal government |
2 | | under
paragraph (f), then the claims for wages shall have a |
3 | | priority of
distribution immediately following that of |
4 | | federal claims under paragraph (f)
and immediately |
5 | | preceding claims of general creditors under paragraph (g).
|
6 | | (d) Claims by policyholders, beneficiaries, and |
7 | | insureds, under
insurance policies, annuity contracts, and |
8 | | funding agreements,
liability
claims against insureds |
9 | | covered under insurance policies and insurance
contracts |
10 | | issued by the company, claims of obligees (and, subject to |
11 | | the discretion of the
receiver, completion contractors) |
12 | | under surety bonds and surety undertakings (not to include |
13 | | bail bonds, mortgage or financial guaranty, or other forms |
14 | | of insurance offering protection against
investment risk), |
15 | | claims by principals under surety bonds and surety |
16 | | undertakings for wrongful
dissipation of collateral by the |
17 | | insurer or its agents, and claims incurred during any |
18 | | extension of
coverage provided under subsection (5) of |
19 | | Section 193, and claims of the Illinois Insurance
Guaranty |
20 | | Fund, the Illinois Life and Health Insurance Guaranty |
21 | | Association,
the Illinois Health Maintenance Organization |
22 | | Guaranty Association, and any
similar organization in |
23 | | another state
as prescribed in Section 545. For purposes of |
24 | | this Section, "funding
agreement" means an agreement |
25 | | whereby an insurer authorized to write business
under Class |
26 | | 1 of Section 4 of this Code may accept and accumulate funds |
|
| | HB3653 Enrolled | - 127 - | LRB101 05541 RLC 50557 b |
|
|
1 | | and
make one or more payments at future dates in amounts |
2 | | that are not based upon
mortality or morbidity |
3 | | contingencies.
|
4 | | (e) Claims by policyholders, beneficiaries, and |
5 | | insureds, the
allowed
values of which were determined by |
6 | | estimation under paragraph (b) of subsection
(4) of Section |
7 | | 209.
|
8 | | (f) Any other claims due the federal government.
|
9 | | (g) All other claims of general creditors not falling |
10 | | within
any
other
priority under this Section including |
11 | | claims for taxes and debts due any state
or local |
12 | | government which are not secured
claims and claims for
|
13 | | attorneys' fees incurred by the company in contesting its |
14 | | conservation,
rehabilitation, or liquidation.
|
15 | | (h) Claims of guaranty fund certificate holders,
|
16 | | guaranty
capital
shareholders, capital note holders, and |
17 | | surplus note holders.
|
18 | | (i) Proprietary claims of shareholders, members, or |
19 | | other
owners.
|
20 | | Every claim under a written agreement, statute, or rule |
21 | | providing that the
assets in a separate account are not |
22 | | chargeable with the liabilities arising
out of any other |
23 | | business of the insurer shall be satisfied out of the funded
|
24 | | assets in the separate account equal to, but not to exceed, the |
25 | | reserves
maintained in the separate account under the separate |
26 | | account agreement, and to
the extent, if any, the claim is not |
|
| | HB3653 Enrolled | - 128 - | LRB101 05541 RLC 50557 b |
|
|
1 | | fully discharged thereby, the remainder
of the claim shall be |
2 | | treated as a priority level (d) claim under paragraph
(d) of |
3 | | this subsection to the extent that reserves have been |
4 | | established in the
insurer's general account pursuant to |
5 | | statute, rule, or the separate account
agreement.
|
6 | | For purposes of this provision, "separate account |
7 | | policies, contracts, or
agreements" means any policies, |
8 | | contracts, or agreements that provide for
separate accounts as |
9 | | contemplated by Section 245.21.
|
10 | | To the extent that any assets of an insurer, other than |
11 | | those assets properly
allocated to and maintained in a separate |
12 | | account, have been used to fund or
pay any expenses, taxes, or |
13 | | policyholder benefits that are attributable to a
separate |
14 | | account policy, contract, or agreement that should have been |
15 | | paid by a
separate account prior to the commencement of |
16 | | receivership proceedings, then
upon the commencement of |
17 | | receivership proceedings, the separate accounts
that benefited |
18 | | from this payment or funding shall first be used to repay or
|
19 | | reimburse the company's general assets or account for any |
20 | | unreimbursed net sums
due at the commencement of receivership |
21 | | proceedings prior to the application of
the separate account |
22 | | assets to the satisfaction of liabilities or the
corresponding |
23 | | separate account policies, contracts, and agreements.
|
24 | | To the extent, if any, reserves or assets maintained in the |
25 | | separate account
are in excess of the amounts needed to satisfy |
26 | | claims under the separate
account contracts, the excess shall |
|
| | HB3653 Enrolled | - 129 - | LRB101 05541 RLC 50557 b |
|
|
1 | | be treated as part of the general assets of
the insurer's |
2 | | estate.
|
3 | | (2) Within 120 days after the issuance of an Order of |
4 | | Liquidation with a
finding of insolvency against a domestic |
5 | | company, the Director shall make
application to the court |
6 | | requesting authority to disburse funds to the
Illinois |
7 | | Insurance Guaranty Fund, the Illinois Life and Health Insurance
|
8 | | Guaranty Association, the Illinois Health Maintenance |
9 | | Organization Guaranty
Association, and similar organizations |
10 | | in other states from time to time out
of the company's |
11 | | marshaled assets as funds
become available in amounts equal to |
12 | | disbursements made by the
Illinois Insurance Guaranty Fund, the |
13 | | Illinois Life and Health Insurance
Guaranty Association, the |
14 | | Illinois Health Maintenance Organization Guaranty
Association, |
15 | | and similar organizations in other states
for covered claims |
16 | | obligations on the presentation of evidence that such
|
17 | | disbursements have been made by the Illinois Insurance
Guaranty |
18 | | Fund, the Illinois Life and Health Insurance Guaranty
|
19 | | Association, the Illinois Health Maintenance Organization |
20 | | Guaranty Association,
and similar organizations in other |
21 | | states.
|
22 | | The Director shall establish procedures for the ratable |
23 | | allocation and
distribution of disbursements to the Illinois |
24 | | Insurance Guaranty Fund,
the Illinois Life and Health Insurance |
25 | | Guaranty Association, the Illinois
Health Maintenance |
26 | | Organization Guaranty Association, and
similar organizations |
|
| | HB3653 Enrolled | - 130 - | LRB101 05541 RLC 50557 b |
|
|
1 | | in other states. In determining the amounts available
for |
2 | | disbursement, the Director shall reserve sufficient assets for |
3 | | the
payment of the expenses of administration described in |
4 | | paragraph (1)(a)
of this Section. All funds available for |
5 | | disbursement after the establishment
of the prescribed reserve |
6 | | shall be promptly distributed. As a condition
to receipt of |
7 | | funds in reimbursement of covered claims obligations,
the |
8 | | Director shall secure from the Illinois Insurance Guaranty |
9 | | Fund,
the Illinois Life and Health Insurance Guaranty |
10 | | Association, the Illinois
Health Maintenance Organization |
11 | | Guaranty Association, and
each similar organization in other |
12 | | states, an agreement to return to the
Director on demand funds |
13 | | previously received as may be required to pay claims
of secured |
14 | | creditors and claims falling within the priorities established
|
15 | | in paragraphs (a), (b), (c), and (d) of subsection (1) of
this |
16 | | Section in accordance
with such priorities.
|
17 | | (3) The changes made in this Section by this amendatory Act |
18 | | of the 100th General Assembly apply to all liquidation,
|
19 | | rehabilitation, or conservation proceedings that are pending |
20 | | on the effective date of this amendatory
Act of the 100th |
21 | | General Assembly and to all future liquidation, |
22 | | rehabilitation, or conservation proceedings. |
23 | | (4) The provisions of this Section are severable under |
24 | | Section 1.31 of
the Statute on Statutes.
|
25 | | (Source: P.A. 100-410, eff. 8-25-17.)
|
|
| | HB3653 Enrolled | - 131 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section 10-185. The Illinois Gambling Act is amended by |
2 | | changing Section 5.1 as follows:
|
3 | | (230 ILCS 10/5.1) (from Ch. 120, par. 2405.1)
|
4 | | Sec. 5.1. Disclosure of records.
|
5 | | (a) Notwithstanding any applicable statutory provision to |
6 | | the contrary,
the Board shall, on written request from any |
7 | | person, provide
information furnished by an applicant or |
8 | | licensee concerning the applicant
or licensee, his products, |
9 | | services or gambling enterprises and his
business holdings, as |
10 | | follows:
|
11 | | (1) The name, business address and business telephone |
12 | | number of any
applicant or licensee.
|
13 | | (2) An identification of any applicant or licensee |
14 | | including, if an
applicant or licensee is not an |
15 | | individual, the names and addresses of all stockholders and |
16 | | directors, if the entity is a corporation; the names and |
17 | | addresses of all members, if the entity is a limited |
18 | | liability company; the names and addresses of all partners, |
19 | | both general and limited, if the entity is a partnership; |
20 | | and the names and addresses of all beneficiaries, if the |
21 | | entity is a trust. If an applicant or licensee has a |
22 | | pending registration
statement filed with the Securities |
23 | | and Exchange Commission, only the names
of those persons or |
24 | | entities holding interest of 5% or more must be provided.
|
25 | | (3) An identification of any business, including, if |
|
| | HB3653 Enrolled | - 132 - | LRB101 05541 RLC 50557 b |
|
|
1 | | applicable, the
state of incorporation or registration, in |
2 | | which an applicant or licensee
or an applicant's or |
3 | | licensee's spouse or children has an equity interest
of |
4 | | more than 1%. If an applicant or licensee is a corporation, |
5 | | partnership
or other business entity, the applicant or |
6 | | licensee shall identify any
other corporation, partnership |
7 | | or business entity in which it has an equity
interest of 1%
|
8 | | or more, including, if applicable, the state of
|
9 | | incorporation or registration. This information need not |
10 | | be provided by a
corporation, partnership or other business |
11 | | entity that has a pending
registration statement filed with |
12 | | the Securities and Exchange Commission.
|
13 | | (4) Whether an applicant or licensee has been indicted, |
14 | | convicted,
pleaded guilty or nolo contendere, or pretrial |
15 | | release has been revoked forfeited bail concerning any
|
16 | | criminal offense under the laws of any jurisdiction, either |
17 | | felony or
misdemeanor (except for traffic violations), |
18 | | including the date, the name
and location of the court, |
19 | | arresting agency and prosecuting agency, the
case number, |
20 | | the offense, the disposition and the location and length of
|
21 | | incarceration.
|
22 | | (5) Whether an applicant or licensee has had any |
23 | | license or
certificate issued by a licensing authority in |
24 | | Illinois or any other
jurisdiction denied, restricted, |
25 | | suspended, revoked or not renewed and a
statement |
26 | | describing the facts and circumstances concerning the |
|
| | HB3653 Enrolled | - 133 - | LRB101 05541 RLC 50557 b |
|
|
1 | | denial,
restriction, suspension, revocation or |
2 | | non-renewal, including the licensing
authority, the date |
3 | | each such action was taken, and the reason for each
such |
4 | | action.
|
5 | | (6) Whether an applicant or licensee has ever filed or |
6 | | had filed against
it a proceeding in bankruptcy or has ever |
7 | | been involved in any formal
process to adjust, defer, |
8 | | suspend or otherwise work out the payment of any
debt |
9 | | including the date of filing, the name and location of the |
10 | | court, the
case and number of the disposition.
|
11 | | (7) Whether an applicant or licensee has filed, or been |
12 | | served with a
complaint or other notice filed with any |
13 | | public body, regarding the
delinquency in the payment of, |
14 | | or a dispute over the filings concerning the
payment of, |
15 | | any tax required under federal, State or local law, |
16 | | including
the amount, type of tax, the taxing agency and |
17 | | time periods involved.
|
18 | | (8) A statement listing the names and titles of all |
19 | | public officials
or officers of any unit of government, and |
20 | | relatives of said
public officials or officers who, |
21 | | directly or indirectly, own
any financial interest in, have |
22 | | any beneficial interest in, are the
creditors of or hold |
23 | | any debt instrument issued by, or hold or have any
interest |
24 | | in any contractual or service relationship with, an |
25 | | applicant
or licensee.
|
26 | | (9) Whether an applicant or licensee has made, directly |
|
| | HB3653 Enrolled | - 134 - | LRB101 05541 RLC 50557 b |
|
|
1 | | or indirectly,
any political contribution, or any loans, |
2 | | donations or other payments, to
any candidate or office |
3 | | holder, within 5 years from the date of filing the
|
4 | | application, including the amount and the method of |
5 | | payment.
|
6 | | (10) The name and business telephone number of the |
7 | | counsel
representing an applicant or licensee in matters |
8 | | before the Board.
|
9 | | (11) A description of any proposed or approved gambling |
10 | | operation, including the type of boat, home dock, or casino |
11 | | or gaming location, expected
economic benefit to the |
12 | | community, anticipated or actual number of
employees, any |
13 | | statement from an applicant or licensee regarding |
14 | | compliance
with federal and State affirmative action |
15 | | guidelines, projected or actual
admissions and projected |
16 | | or actual adjusted gross gaming receipts.
|
17 | | (12) A description of the product or service to be |
18 | | supplied by an
applicant for a supplier's license.
|
19 | | (b) Notwithstanding any applicable statutory provision to |
20 | | the contrary,
the Board shall, on written request from any |
21 | | person, also provide
the following information:
|
22 | | (1) The amount of the wagering tax and admission tax |
23 | | paid daily to the
State of Illinois by the holder of an |
24 | | owner's license.
|
25 | | (2) Whenever the Board finds an applicant for an |
26 | | owner's license
unsuitable for licensing, a copy of the |
|
| | HB3653 Enrolled | - 135 - | LRB101 05541 RLC 50557 b |
|
|
1 | | written letter outlining the
reasons for the denial.
|
2 | | (3) Whenever the Board has refused to grant leave for |
3 | | an applicant to
withdraw his application, a copy of the |
4 | | letter outlining the reasons for
the refusal.
|
5 | | (c) Subject to the above provisions, the Board shall not |
6 | | disclose any
information which would be barred by:
|
7 | | (1) Section 7 of the Freedom of Information Act; or
|
8 | | (2) The statutes, rules, regulations or |
9 | | intergovernmental agreements
of any jurisdiction.
|
10 | | (d) The Board may assess fees for the copying of |
11 | | information in
accordance with Section 6 of the Freedom of |
12 | | Information Act.
|
13 | | (Source: P.A. 101-31, eff. 6-28-19.)
|
14 | | Section 10-187. The Sexual Assault Survivors Emergency |
15 | | Treatment Act is amended by changing Section 7.5 as follows: |
16 | | (410 ILCS 70/7.5) |
17 | | Sec. 7.5. Prohibition on billing sexual assault survivors |
18 | | directly for certain services; written notice; billing |
19 | | protocols. |
20 | | (a) A hospital, approved pediatric health care facility, |
21 | | health care professional, ambulance provider, laboratory, or |
22 | | pharmacy furnishing medical forensic services, transportation, |
23 | | follow-up healthcare, or medication to a sexual assault |
24 | | survivor shall not: |
|
| | HB3653 Enrolled | - 136 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (1) charge or submit a bill for any portion of the |
2 | | costs of the services, transportation, or medications to |
3 | | the sexual assault survivor, including any insurance |
4 | | deductible, co-pay, co-insurance, denial of claim by an |
5 | | insurer, spenddown, or any other out-of-pocket expense; |
6 | | (2) communicate with, harass, or intimidate the sexual |
7 | | assault survivor for payment of services, including, but |
8 | | not limited to, repeatedly calling or writing to the sexual |
9 | | assault survivor and threatening to refer the matter to a |
10 | | debt collection agency or to an attorney for collection, |
11 | | enforcement, or filing of other process; |
12 | | (3) refer a bill to a collection agency or attorney for |
13 | | collection action against the sexual assault survivor; |
14 | | (4) contact or distribute information to affect the |
15 | | sexual assault survivor's credit rating; or |
16 | | (5) take any other action adverse to the sexual assault |
17 | | survivor or his or her family on account of providing |
18 | | services to the sexual assault survivor. |
19 | | (b) Nothing in this Section precludes a hospital, health |
20 | | care provider, ambulance provider, laboratory, or pharmacy |
21 | | from billing the sexual assault survivor or any applicable |
22 | | health insurance or coverage for inpatient services. |
23 | | (c) Every hospital and approved pediatric health care |
24 | | facility providing treatment services to sexual assault |
25 | | survivors in accordance with a plan approved under Section 2 of |
26 | | this Act shall provide a written notice to a sexual assault |
|
| | HB3653 Enrolled | - 137 - | LRB101 05541 RLC 50557 b |
|
|
1 | | survivor. The written notice must include, but is not limited |
2 | | to, the following: |
3 | | (1) a statement that the sexual assault survivor should |
4 | | not be directly billed by any ambulance provider providing |
5 | | transportation services, or by any hospital, approved |
6 | | pediatric health care facility, health care professional, |
7 | | laboratory, or pharmacy for the services the sexual assault |
8 | | survivor received as an outpatient at the hospital or |
9 | | approved pediatric health care facility; |
10 | | (2) a statement that a sexual assault survivor who is |
11 | | admitted to a hospital may be billed for inpatient services |
12 | | provided by a hospital, health care professional, |
13 | | laboratory, or pharmacy; |
14 | | (3) a statement that prior to leaving the hospital or |
15 | | approved pediatric health care facility, the hospital or |
16 | | approved pediatric health care facility will give the |
17 | | sexual assault survivor a sexual assault services voucher |
18 | | for follow-up healthcare if the sexual assault survivor is |
19 | | eligible to receive a sexual assault services voucher; |
20 | | (4) the definition of "follow-up healthcare" as set |
21 | | forth in Section 1a of this Act; |
22 | | (5) a phone number the sexual assault survivor may call |
23 | | should the sexual assault survivor receive a bill from the |
24 | | hospital or approved pediatric health care facility for |
25 | | medical forensic services; |
26 | | (6) the toll-free phone number of the Office of the |
|
| | HB3653 Enrolled | - 138 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Illinois Attorney General, Crime Victim Services Division, |
2 | | which the sexual assault survivor may call should the |
3 | | sexual assault survivor receive a bill from an ambulance |
4 | | provider, approved pediatric health care facility, a |
5 | | health care professional, a laboratory, or a pharmacy. |
6 | | This subsection (c) shall not apply to hospitals that |
7 | | provide transfer services as defined under Section 1a of this |
8 | | Act. |
9 | | (d) Within 60 days after the effective date of this |
10 | | amendatory Act of the 99th General Assembly, every health care |
11 | | professional, except for those employed by a hospital or |
12 | | hospital affiliate, as defined in the Hospital Licensing Act, |
13 | | or those employed by a hospital operated under the University |
14 | | of Illinois Hospital Act, who bills separately for medical or |
15 | | forensic services must develop a billing protocol that ensures |
16 | | that no survivor of sexual assault will be sent a bill for any |
17 | | medical forensic services and submit the billing protocol to |
18 | | the Crime Victim Services Division of the Office of the |
19 | | Attorney General for approval. Within 60 days after the |
20 | | commencement of the provision of medical forensic services, |
21 | | every health care professional, except for those employed by a |
22 | | hospital or hospital affiliate, as defined in the Hospital |
23 | | Licensing Act, or those employed by a hospital operated under |
24 | | the University of Illinois Hospital Act, who bills separately |
25 | | for medical or forensic services must develop a billing |
26 | | protocol that ensures that no survivor of sexual assault is |
|
| | HB3653 Enrolled | - 139 - | LRB101 05541 RLC 50557 b |
|
|
1 | | sent a bill for any medical forensic services and submit the |
2 | | billing protocol to the Crime Victim Services Division of the |
3 | | Office of the Attorney General for approval. Health care |
4 | | professionals who bill as a legal entity may submit a single |
5 | | billing protocol for the billing entity. |
6 | | Within 60 days after the Department's approval of a |
7 | | treatment plan, an approved pediatric health care facility and |
8 | | any health care professional employed by an approved pediatric |
9 | | health care facility must develop a billing protocol that |
10 | | ensures that no survivor of sexual assault is sent a bill for |
11 | | any medical forensic services and submit the billing protocol |
12 | | to the Crime Victim Services Division of the Office of the |
13 | | Attorney General for approval. |
14 | | The billing protocol must include at a minimum: |
15 | | (1) a description of training for persons who prepare |
16 | | bills for medical and forensic services; |
17 | | (2) a written acknowledgement signed by a person who |
18 | | has completed the training that the person will not bill |
19 | | survivors of sexual assault; |
20 | | (3) prohibitions on submitting any bill for any portion |
21 | | of medical forensic services provided to a survivor of |
22 | | sexual assault to a collection agency; |
23 | | (4) prohibitions on taking any action that would |
24 | | adversely affect the credit of the survivor of sexual |
25 | | assault; |
26 | | (5) the termination of all collection activities if the |
|
| | HB3653 Enrolled | - 140 - | LRB101 05541 RLC 50557 b |
|
|
1 | | protocol is violated; and |
2 | | (6) the actions to be taken if a bill is sent to a |
3 | | collection agency or the failure to pay is reported to any |
4 | | credit reporting agency. |
5 | | The Crime Victim Services Division of the Office of the |
6 | | Attorney General may provide a sample acceptable billing |
7 | | protocol upon request. |
8 | | The Office of the Attorney General shall approve a proposed |
9 | | protocol if it finds that the implementation of the protocol |
10 | | would result in no survivor of sexual assault being billed or |
11 | | sent a bill for medical forensic services. |
12 | | If the Office of the Attorney General determines that |
13 | | implementation of the protocol could result in the billing of a |
14 | | survivor of sexual assault for medical forensic services, the |
15 | | Office of the Attorney General shall provide the health care |
16 | | professional or approved pediatric health care facility with a |
17 | | written statement of the deficiencies in the protocol. The |
18 | | health care professional or approved pediatric health care |
19 | | facility shall have 30 days to submit a revised billing |
20 | | protocol addressing the deficiencies to the Office of the |
21 | | Attorney General. The health care professional or approved |
22 | | pediatric health care facility shall implement the protocol |
23 | | upon approval by the Crime Victim Services Division of the |
24 | | Office of the Attorney General. |
25 | | The health care professional or approved pediatric health |
26 | | care facility shall submit any proposed revision to or |
|
| | HB3653 Enrolled | - 141 - | LRB101 05541 RLC 50557 b |
|
|
1 | | modification of an approved billing protocol to the Crime |
2 | | Victim Services Division of the Office of the Attorney General |
3 | | for approval. The health care professional or approved |
4 | | pediatric health care facility shall implement the revised or |
5 | | modified billing protocol upon approval by the Crime Victim |
6 | | Services Division of the Office of the Illinois Attorney |
7 | | General.
|
8 | | (e) This Section is effective on and after July 1, 2021. |
9 | | (Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.) |
10 | | Section 10-190. The Illinois Vehicle Code is amended by |
11 | | changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103 |
12 | | as follows:
|
13 | | (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
|
14 | | Sec. 6-204. When court to forward license and reports.
|
15 | | (a) For the purpose of providing to the Secretary of State |
16 | | the records
essential to the performance of the Secretary's |
17 | | duties under this Code to
cancel, revoke or suspend the |
18 | | driver's license and privilege to drive motor
vehicles of |
19 | | certain minors and of persons
found guilty of the criminal |
20 | | offenses or traffic violations
which this Code recognizes as |
21 | | evidence relating to unfitness to safely operate
motor |
22 | | vehicles, the following duties are imposed upon public |
23 | | officials:
|
24 | | (1) Whenever any person is convicted of any offense for |
|
| | HB3653 Enrolled | - 142 - | LRB101 05541 RLC 50557 b |
|
|
1 | | which
this
Code makes mandatory the cancellation or |
2 | | revocation of the driver's
license or permit of such person |
3 | | by the Secretary of State, the judge of the
court in which |
4 | | such conviction is had shall require the surrender to the |
5 | | clerk
of the court of all driver's licenses or permits then |
6 | | held by the person so
convicted, and the clerk of the court |
7 | | shall, within 5 days thereafter, forward
the same, together |
8 | | with a report of such conviction, to the Secretary.
|
9 | | (2) Whenever any person is convicted of any offense |
10 | | under this
Code or
similar offenses under a municipal |
11 | | ordinance, other than regulations
governing standing, |
12 | | parking or weights of vehicles, and excepting the
following |
13 | | enumerated Sections of this Code: Sections 11-1406 |
14 | | (obstruction
to driver's view or control), 11-1407 |
15 | | (improper opening of door into
traffic), 11-1410 (coasting |
16 | | on downgrade), 11-1411 (following fire
apparatus), |
17 | | 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
|
18 | | vehicle which is in unsafe condition or improperly |
19 | | equipped), 12-201(a)
(daytime lights on motorcycles), |
20 | | 12-202 (clearance, identification and
side marker lamps), |
21 | | 12-204 (lamp or flag on projecting load), 12-205
(failure |
22 | | to display the safety lights required), 12-401 |
23 | | (restrictions as
to tire equipment), 12-502 (mirrors), |
24 | | 12-503 (windshields must be
unobstructed and equipped with |
25 | | wipers), 12-601 (horns and warning
devices), 12-602 |
26 | | (mufflers, prevention of noise or smoke), 12-603 (seat
|
|
| | HB3653 Enrolled | - 143 - | LRB101 05541 RLC 50557 b |
|
|
1 | | safety belts), 12-702 (certain vehicles to carry flares or |
2 | | other warning
devices), 12-703 (vehicles for oiling roads |
3 | | operated on highways),
12-710 (splash guards and |
4 | | replacements), 13-101 (safety tests), 15-101
(size, weight |
5 | | and load), 15-102 (width), 15-103 (height), 15-104 (name
|
6 | | and address on second division vehicles), 15-107 (length of |
7 | | vehicle),
15-109.1 (cover or tarpaulin), 15-111 (weights), |
8 | | 15-112 (weights), 15-301
(weights), 15-316 (weights), |
9 | | 15-318 (weights), and also excepting the following
|
10 | | enumerated Sections of the Chicago Municipal Code: |
11 | | Sections 27-245 (following
fire apparatus), 27-254 |
12 | | (obstruction of traffic), 27-258 (driving vehicle which
is |
13 | | in unsafe condition), 27-259 (coasting on downgrade), |
14 | | 27-264 (use of horns
and signal devices), 27-265 |
15 | | (obstruction to driver's view or driver mechanism),
27-267 |
16 | | (dimming of headlights), 27-268 (unattended motor |
17 | | vehicle), 27-272
(illegal funeral procession), 27-273 |
18 | | (funeral procession on boulevard), 27-275
(driving freight |
19 | | hauling vehicles on boulevard), 27-276 (stopping and |
20 | | standing
of buses or taxicabs), 27-277 (cruising of public |
21 | | passenger vehicles), 27-305
(parallel parking), 27-306 |
22 | | (diagonal parking), 27-307 (parking not to obstruct
|
23 | | traffic), 27-308 (stopping, standing or parking |
24 | | regulated), 27-311 (parking
regulations), 27-312 (parking |
25 | | regulations), 27-313 (parking regulations),
27-314 |
26 | | (parking regulations), 27-315 (parking regulations), |
|
| | HB3653 Enrolled | - 144 - | LRB101 05541 RLC 50557 b |
|
|
1 | | 27-316 (parking
regulations), 27-317 (parking |
2 | | regulations), 27-318 (parking regulations),
27-319 |
3 | | (parking regulations), 27-320 (parking regulations), |
4 | | 27-321 (parking
regulations), 27-322 (parking |
5 | | regulations), 27-324 (loading and
unloading at an angle), |
6 | | 27-333 (wheel and axle loads), 27-334 (load
restrictions in |
7 | | the downtown district), 27-335 (load restrictions in
|
8 | | residential areas), 27-338 (width of vehicles), 27-339 |
9 | | (height of
vehicles), 27-340 (length of vehicles), 27-352 |
10 | | (reflectors on trailers),
27-353 (mufflers), 27-354 |
11 | | (display of plates), 27-355 (display of city
vehicle tax |
12 | | sticker), 27-357 (identification of vehicles), 27-358
|
13 | | (projecting of loads), and also excepting the following |
14 | | enumerated
paragraphs of Section 2-201 of the Rules and |
15 | | Regulations of the Illinois
State Toll Highway Authority: |
16 | | (l) (driving unsafe vehicle on tollway),
(m) (vehicles |
17 | | transporting dangerous cargo not properly indicated), it
|
18 | | shall be the duty of the clerk of the court in which such |
19 | | conviction is
had within 5 days thereafter to forward to |
20 | | the Secretary of State a report of
the conviction and the |
21 | | court may recommend the suspension of the driver's
license |
22 | | or permit of the person so convicted.
|
23 | | The reporting requirements of this subsection shall |
24 | | apply to all
violations stated in paragraphs (1) and (2) of |
25 | | this
subsection when the
individual has been adjudicated |
26 | | under the Juvenile Court Act or the
Juvenile Court Act of |
|
| | HB3653 Enrolled | - 145 - | LRB101 05541 RLC 50557 b |
|
|
1 | | 1987. Such reporting requirements shall also apply to
|
2 | | individuals adjudicated under the Juvenile Court Act or the |
3 | | Juvenile Court Act
of 1987 who have committed a violation |
4 | | of Section 11-501 of this Code, or
similar provision of a |
5 | | local ordinance, or Section 9-3 of the Criminal Code
of |
6 | | 1961 or the Criminal Code of 2012, relating to the offense |
7 | | of reckless homicide, or Section 5-7 of the Snowmobile |
8 | | Registration and Safety Act or Section 5-16 of the Boat |
9 | | Registration and Safety Act, relating to the offense of |
10 | | operating a snowmobile or a watercraft while under the |
11 | | influence of alcohol, other drug or drugs, intoxicating |
12 | | compound or compounds, or combination thereof.
These |
13 | | reporting requirements also apply to individuals |
14 | | adjudicated under the Juvenile Court Act of 1987 based on |
15 | | any offense determined to have been committed in |
16 | | furtherance of the criminal activities of an organized |
17 | | gang, as provided in Section 5-710 of that Act, if those |
18 | | activities involved the operation or use of a motor |
19 | | vehicle. It shall be the duty of the clerk of the court in |
20 | | which
adjudication is had within 5 days thereafter to |
21 | | forward to the Secretary of
State a report of the |
22 | | adjudication and the court order requiring the Secretary
of |
23 | | State to suspend the minor's driver's license and driving |
24 | | privilege for such
time as determined by the court, but |
25 | | only until he or she attains the age of 18
years. All |
26 | | juvenile court dispositions reported to the Secretary of |
|
| | HB3653 Enrolled | - 146 - | LRB101 05541 RLC 50557 b |
|
|
1 | | State
under this provision shall be processed by the |
2 | | Secretary of State as if the
cases had been adjudicated in |
3 | | traffic or criminal court. However, information
reported |
4 | | relative to the offense of reckless homicide, or Section |
5 | | 11-501 of
this Code, or a similar provision of a local |
6 | | ordinance, shall be privileged
and available only to the |
7 | | Secretary of State, courts, and police officers.
|
8 | | The reporting requirements of this subsection (a) |
9 | | apply to all violations listed in paragraphs (1) and (2) of |
10 | | this subsection (a), excluding parking violations, when |
11 | | the driver holds a CLP or CDL, regardless of the type of |
12 | | vehicle in which the violation occurred, or when any driver |
13 | | committed the violation in a commercial motor vehicle as |
14 | | defined in Section 6-500 of this Code.
|
15 | | (3) Whenever an order is entered vacating the |
16 | | conditions of pretrial release forfeiture of any
bail,
|
17 | | security or bond given to secure appearance for any offense |
18 | | under this
Code or similar offenses under municipal |
19 | | ordinance, it shall be the duty
of the clerk of the court |
20 | | in which such vacation was had or the judge of
such court |
21 | | if such court has no clerk, within 5 days thereafter to
|
22 | | forward to the Secretary of State a report of the vacation.
|
23 | | (4) A report of any disposition of court supervision |
24 | | for a
violation of
Sections 6-303, 11-401, 11-501 or a |
25 | | similar provision of a local ordinance,
11-503, 11-504, and |
26 | | 11-506 of this Code, Section 5-7 of the Snowmobile |
|
| | HB3653 Enrolled | - 147 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Registration and Safety Act, and Section 5-16 of the Boat |
2 | | Registration and Safety Act shall be forwarded to the |
3 | | Secretary of State.
A report of any disposition of court |
4 | | supervision for a violation of an offense
defined as a |
5 | | serious traffic violation in this Code or a similar |
6 | | provision of a
local ordinance committed by a person under |
7 | | the age of 21 years shall be
forwarded to the Secretary of |
8 | | State.
|
9 | | (5) Reports of conviction
under this Code
and |
10 | | sentencing hearings under the
Juvenile Court
Act of 1987 in |
11 | | an electronic format
or a computer processible medium
shall
|
12 | | be
forwarded to the Secretary of State via the Supreme |
13 | | Court in the form and
format required by the Illinois |
14 | | Supreme Court and established by a written
agreement |
15 | | between the Supreme Court and the Secretary of State.
In |
16 | | counties with a population over 300,000, instead of |
17 | | forwarding reports to
the Supreme Court, reports of |
18 | | conviction
under this Code
and sentencing hearings under |
19 | | the
Juvenile Court Act of 1987 in an electronic format
or a |
20 | | computer processible medium
may
be forwarded to the |
21 | | Secretary of State by the Circuit Court Clerk in a form and
|
22 | | format required by the Secretary of State and established |
23 | | by written agreement
between the Circuit Court Clerk and |
24 | | the Secretary of State. Failure to
forward the reports of |
25 | | conviction or sentencing hearing under the Juvenile
Court |
26 | | Act of 1987 as required by this Section shall be
deemed an |
|
| | HB3653 Enrolled | - 148 - | LRB101 05541 RLC 50557 b |
|
|
1 | | omission of duty and it shall be the duty of the several |
2 | | State's
Attorneys to enforce the requirements of this |
3 | | Section.
|
4 | | (b) Whenever a restricted driving permit is forwarded to a |
5 | | court, as a
result of confiscation by a police officer pursuant |
6 | | to the authority in
Section 6-113(f), it shall be the duty of |
7 | | the clerk, or judge, if the court
has no clerk, to forward such |
8 | | restricted driving permit and a facsimile of
the officer's |
9 | | citation to the Secretary of State as expeditiously as
|
10 | | practicable.
|
11 | | (c) For the purposes of this Code, a violation of the |
12 | | conditions of pretrial release forfeiture of bail or collateral
|
13 | | deposited to secure a defendant's appearance in court when the |
14 | | conditions of pretrial release have forfeiture
has not been |
15 | | vacated, or the failure of a defendant to appear for trial
|
16 | | after depositing his driver's license in lieu of other bail, |
17 | | shall be
equivalent to a conviction.
|
18 | | (d) For the purpose of providing the Secretary of State |
19 | | with records
necessary to properly monitor and assess driver |
20 | | performance and assist the
courts in the proper disposition of |
21 | | repeat traffic law offenders, the clerk
of the court shall |
22 | | forward to the Secretary of State,
on a form prescribed
by the |
23 | | Secretary, records of a driver's participation in a driver |
24 | | remedial
or rehabilitative program which was required, through |
25 | | a court order or court
supervision, in relation to the driver's |
26 | | arrest for a violation of Section
11-501 of this Code or a |
|
| | HB3653 Enrolled | - 149 - | LRB101 05541 RLC 50557 b |
|
|
1 | | similar provision of a local ordinance.
The clerk of the court |
2 | | shall also forward to the Secretary, either on
paper or in an |
3 | | electronic format or a computer processible medium as required
|
4 | | under paragraph (5) of subsection (a) of this Section, any |
5 | | disposition
of court supervision for any traffic violation,
|
6 | | excluding those offenses listed in paragraph (2)
of subsection |
7 | | (a) of this Section.
These reports
shall be sent within 5
days |
8 | | after disposition, or, if
the driver is
referred to a driver
|
9 | | remedial or rehabilitative program, within 5 days of the |
10 | | driver's referral
to that program.
These reports received by |
11 | | the Secretary of State, including those required to
be |
12 | | forwarded under paragraph (a)(4), shall be privileged |
13 | | information, available
only (i) to the affected driver, (ii) to |
14 | | the parent or guardian of a person under the age of 18 years |
15 | | holding an instruction permit or a graduated driver's license, |
16 | | and (iii) for use by the courts, police
officers, prosecuting |
17 | | authorities, the Secretary of State, and the driver licensing |
18 | | administrator of any other state. In accordance with 49 C.F.R. |
19 | | Part 384, all reports of court supervision, except violations |
20 | | related to parking, shall be forwarded to the Secretary of |
21 | | State for all holders of a CLP or CDL or any driver who commits |
22 | | an offense while driving a commercial motor vehicle. These |
23 | | reports shall be recorded to the driver's record as a |
24 | | conviction for use in the disqualification of the driver's |
25 | | commercial motor vehicle privileges and shall not be privileged |
26 | | information.
|
|
| | HB3653 Enrolled | - 150 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20 .)
|
2 | | (625 ILCS 5/6-206)
|
3 | | Sec. 6-206. Discretionary authority to suspend or revoke |
4 | | license or
permit; right to a hearing.
|
5 | | (a) The Secretary of State is authorized to suspend or |
6 | | revoke the
driving privileges of any person without preliminary |
7 | | hearing upon a showing
of the person's records or other |
8 | | sufficient evidence that
the person:
|
9 | | 1. Has committed an offense for which mandatory |
10 | | revocation of
a driver's license or permit is required upon |
11 | | conviction;
|
12 | | 2. Has been convicted of not less than 3 offenses |
13 | | against traffic
regulations governing the movement of |
14 | | vehicles committed within any 12-month 12
month period. No |
15 | | revocation or suspension shall be entered more than
6 |
16 | | months after the date of last conviction;
|
17 | | 3. Has been repeatedly involved as a driver in motor |
18 | | vehicle
collisions or has been repeatedly convicted of |
19 | | offenses against laws and
ordinances regulating the |
20 | | movement of traffic, to a degree that
indicates lack of |
21 | | ability to exercise ordinary and reasonable care in
the |
22 | | safe operation of a motor vehicle or disrespect for the |
23 | | traffic laws
and the safety of other persons upon the |
24 | | highway;
|
25 | | 4. Has by the unlawful operation of a motor vehicle |
|
| | HB3653 Enrolled | - 151 - | LRB101 05541 RLC 50557 b |
|
|
1 | | caused or
contributed to an accident resulting in injury |
2 | | requiring
immediate professional treatment in a medical |
3 | | facility or doctor's office
to any person, except that any |
4 | | suspension or revocation imposed by the
Secretary of State |
5 | | under the provisions of this subsection shall start no
|
6 | | later than 6 months after being convicted of violating a |
7 | | law or
ordinance regulating the movement of traffic, which |
8 | | violation is related
to the accident, or shall start not |
9 | | more than one year
after
the date of the accident, |
10 | | whichever date occurs later;
|
11 | | 5. Has permitted an unlawful or fraudulent use of a |
12 | | driver's
license, identification card, or permit;
|
13 | | 6. Has been lawfully convicted of an offense or |
14 | | offenses in another
state, including the authorization |
15 | | contained in Section 6-203.1, which
if committed within |
16 | | this State would be grounds for suspension or revocation;
|
17 | | 7. Has refused or failed to submit to an examination |
18 | | provided for by
Section 6-207 or has failed to pass the |
19 | | examination;
|
20 | | 8. Is ineligible for a driver's license or permit under |
21 | | the provisions
of Section 6-103;
|
22 | | 9. Has made a false statement or knowingly concealed a |
23 | | material fact
or has used false information or |
24 | | identification in any application for a
license, |
25 | | identification card, or permit;
|
26 | | 10. Has possessed, displayed, or attempted to |
|
| | HB3653 Enrolled | - 152 - | LRB101 05541 RLC 50557 b |
|
|
1 | | fraudulently use any
license, identification card, or |
2 | | permit not issued to the person;
|
3 | | 11. Has operated a motor vehicle upon a highway of this |
4 | | State when
the person's driving privilege or privilege to |
5 | | obtain a driver's license
or permit was revoked or |
6 | | suspended unless the operation was authorized by
a |
7 | | monitoring device driving permit, judicial driving permit |
8 | | issued prior to January 1, 2009, probationary license to |
9 | | drive, or a restricted
driving permit issued under this |
10 | | Code;
|
11 | | 12. Has submitted to any portion of the application |
12 | | process for
another person or has obtained the services of |
13 | | another person to submit to
any portion of the application |
14 | | process for the purpose of obtaining a
license, |
15 | | identification card, or permit for some other person;
|
16 | | 13. Has operated a motor vehicle upon a highway of this |
17 | | State when
the person's driver's license or permit was |
18 | | invalid under the provisions of
Sections 6-107.1 and
6-110;
|
19 | | 14. Has committed a violation of Section 6-301, |
20 | | 6-301.1, or 6-301.2
of this Code, or Section 14, 14A, or |
21 | | 14B of the Illinois Identification Card
Act;
|
22 | | 15. Has been convicted of violating Section 21-2 of the |
23 | | Criminal Code
of 1961 or the Criminal Code of 2012 relating |
24 | | to criminal trespass to vehicles if the person exercised |
25 | | actual physical control over the vehicle during the |
26 | | commission of the offense, in which case the suspension
|
|
| | HB3653 Enrolled | - 153 - | LRB101 05541 RLC 50557 b |
|
|
1 | | shall be for one year;
|
2 | | 16. Has been convicted of violating Section 11-204 of |
3 | | this Code relating
to fleeing from a peace officer;
|
4 | | 17. Has refused to submit to a test, or tests, as |
5 | | required under Section
11-501.1 of this Code and the person |
6 | | has not sought a hearing as
provided for in Section |
7 | | 11-501.1;
|
8 | | 18. (Blank);
|
9 | | 19. Has committed a violation of paragraph (a) or (b) |
10 | | of Section 6-101
relating to driving without a driver's |
11 | | license;
|
12 | | 20. Has been convicted of violating Section 6-104 |
13 | | relating to
classification of driver's license;
|
14 | | 21. Has been convicted of violating Section 11-402 of
|
15 | | this Code relating to leaving the scene of an accident |
16 | | resulting in damage
to a vehicle in excess of $1,000, in |
17 | | which case the suspension shall be
for one year;
|
18 | | 22. Has used a motor vehicle in violating paragraph |
19 | | (3), (4), (7), or
(9) of subsection (a) of Section 24-1 of |
20 | | the Criminal Code of 1961 or the Criminal Code of 2012 |
21 | | relating
to unlawful use of weapons, in which case the |
22 | | suspension shall be for one
year;
|
23 | | 23. Has, as a driver, been convicted of committing a |
24 | | violation of
paragraph (a) of Section 11-502 of this Code |
25 | | for a second or subsequent
time within one year of a |
26 | | similar violation;
|
|
| | HB3653 Enrolled | - 154 - | LRB101 05541 RLC 50557 b |
|
|
1 | | 24. Has been convicted by a court-martial or punished |
2 | | by non-judicial
punishment by military authorities of the |
3 | | United States at a military
installation in Illinois or in |
4 | | another state of or for a traffic-related traffic related |
5 | | offense that is the
same as or similar to an offense |
6 | | specified under Section 6-205 or 6-206 of
this Code;
|
7 | | 25. Has permitted any form of identification to be used |
8 | | by another in
the application process in order to obtain or |
9 | | attempt to obtain a license,
identification card, or |
10 | | permit;
|
11 | | 26. Has altered or attempted to alter a license or has |
12 | | possessed an
altered license, identification card, or |
13 | | permit;
|
14 | | 27. (Blank);
|
15 | | 28. Has been convicted for a first time of the illegal |
16 | | possession, while operating or
in actual physical control, |
17 | | as a driver, of a motor vehicle, of any
controlled |
18 | | substance prohibited under the Illinois Controlled |
19 | | Substances
Act, any cannabis prohibited under the Cannabis |
20 | | Control
Act, or any methamphetamine prohibited under the |
21 | | Methamphetamine Control and Community Protection Act, in |
22 | | which case the person's driving privileges shall be |
23 | | suspended for
one year.
Any defendant found guilty of this |
24 | | offense while operating a motor vehicle ,
shall have an |
25 | | entry made in the court record by the presiding judge that
|
26 | | this offense did occur while the defendant was operating a |
|
| | HB3653 Enrolled | - 155 - | LRB101 05541 RLC 50557 b |
|
|
1 | | motor vehicle
and order the clerk of the court to report |
2 | | the violation to the Secretary
of State;
|
3 | | 29. Has been convicted of the following offenses that |
4 | | were committed
while the person was operating or in actual |
5 | | physical control, as a driver,
of a motor vehicle: criminal |
6 | | sexual assault,
predatory criminal sexual assault of a |
7 | | child,
aggravated criminal sexual
assault, criminal sexual |
8 | | abuse, aggravated criminal sexual abuse, juvenile
pimping, |
9 | | soliciting for a juvenile prostitute, promoting juvenile |
10 | | prostitution as described in subdivision (a)(1), (a)(2), |
11 | | or (a)(3) of Section 11-14.4 of the Criminal Code of 1961 |
12 | | or the Criminal Code of 2012, and the manufacture, sale or
|
13 | | delivery of controlled substances or instruments used for |
14 | | illegal drug use
or abuse in which case the driver's |
15 | | driving privileges shall be suspended
for one year;
|
16 | | 30. Has been convicted a second or subsequent time for |
17 | | any
combination of the offenses named in paragraph 29 of |
18 | | this subsection,
in which case the person's driving |
19 | | privileges shall be suspended for 5
years;
|
20 | | 31. Has refused to submit to a test as
required by |
21 | | Section 11-501.6 of this Code or Section 5-16c of the Boat |
22 | | Registration and Safety Act or has submitted to a test |
23 | | resulting in
an alcohol concentration of 0.08 or more or |
24 | | any amount of a drug, substance, or
compound resulting from |
25 | | the unlawful use or consumption of cannabis as listed
in |
26 | | the Cannabis Control Act, a controlled substance as listed |
|
| | HB3653 Enrolled | - 156 - | LRB101 05541 RLC 50557 b |
|
|
1 | | in the Illinois
Controlled Substances Act, an intoxicating |
2 | | compound as listed in the Use of
Intoxicating Compounds |
3 | | Act, or methamphetamine as listed in the Methamphetamine |
4 | | Control and Community Protection Act, in which case the |
5 | | penalty shall be
as prescribed in Section 6-208.1;
|
6 | | 32. Has been convicted of Section 24-1.2 of the |
7 | | Criminal Code of
1961 or the Criminal Code of 2012 relating |
8 | | to the aggravated discharge of a firearm if the offender |
9 | | was
located in a motor vehicle at the time the firearm was |
10 | | discharged, in which
case the suspension shall be for 3 |
11 | | years;
|
12 | | 33. Has as a driver, who was less than 21 years of age |
13 | | on the date of
the offense, been convicted a first time of |
14 | | a violation of paragraph (a) of
Section 11-502 of this Code |
15 | | or a similar provision of a local ordinance;
|
16 | | 34. Has committed a violation of Section 11-1301.5 of |
17 | | this Code or a similar provision of a local ordinance;
|
18 | | 35. Has committed a violation of Section 11-1301.6 of |
19 | | this Code or a similar provision of a local ordinance;
|
20 | | 36. Is under the age of 21 years at the time of arrest |
21 | | and has been
convicted of not less than 2 offenses against |
22 | | traffic regulations governing
the movement of vehicles |
23 | | committed within any 24-month 24 month period. No |
24 | | revocation
or suspension shall be entered more than 6 |
25 | | months after the date of last
conviction;
|
26 | | 37. Has committed a violation of subsection (c) of |
|
| | HB3653 Enrolled | - 157 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Section 11-907 of this
Code that resulted in damage to the |
2 | | property of another or the death or injury of another;
|
3 | | 38. Has been convicted of a violation of Section 6-20 |
4 | | of the Liquor
Control Act of 1934 or a similar provision of |
5 | | a local ordinance and the person was an occupant of a motor |
6 | | vehicle at the time of the violation;
|
7 | | 39. Has committed a second or subsequent violation of |
8 | | Section
11-1201 of this Code;
|
9 | | 40. Has committed a violation of subsection (a-1) of |
10 | | Section 11-908 of
this Code; |
11 | | 41. Has committed a second or subsequent violation of |
12 | | Section 11-605.1 of this Code, a similar provision of a |
13 | | local ordinance, or a similar violation in any other state |
14 | | within 2 years of the date of the previous violation, in |
15 | | which case the suspension shall be for 90 days; |
16 | | 42. Has committed a violation of subsection (a-1) of |
17 | | Section 11-1301.3 of this Code or a similar provision of a |
18 | | local ordinance;
|
19 | | 43. Has received a disposition of court supervision for |
20 | | a violation of subsection (a), (d), or (e) of Section 6-20 |
21 | | of the Liquor
Control Act of 1934 or a similar provision of |
22 | | a local ordinance and the person was an occupant of a motor |
23 | | vehicle at the time of the violation, in which case the |
24 | | suspension shall be for a period of 3 months;
|
25 | | 44.
Is under the age of 21 years at the time of arrest |
26 | | and has been convicted of an offense against traffic |
|
| | HB3653 Enrolled | - 158 - | LRB101 05541 RLC 50557 b |
|
|
1 | | regulations governing the movement of vehicles after |
2 | | having previously had his or her driving privileges
|
3 | | suspended or revoked pursuant to subparagraph 36 of this |
4 | | Section; |
5 | | 45.
Has, in connection with or during the course of a |
6 | | formal hearing conducted under Section 2-118 of this Code: |
7 | | (i) committed perjury; (ii) submitted fraudulent or |
8 | | falsified documents; (iii) submitted documents that have |
9 | | been materially altered; or (iv) submitted, as his or her |
10 | | own, documents that were in fact prepared or composed for |
11 | | another person; |
12 | | 46. Has committed a violation of subsection (j) of |
13 | | Section 3-413 of this Code;
|
14 | | 47. Has committed a violation of subsection (a) of |
15 | | Section 11-502.1 of this Code; |
16 | | 48. Has submitted a falsified or altered medical |
17 | | examiner's certificate to the Secretary of State or |
18 | | provided false information to obtain a medical examiner's |
19 | | certificate; or |
20 | | 49. Has committed a violation of subsection (b-5) of |
21 | | Section 12-610.2 that resulted in great bodily harm, |
22 | | permanent disability, or disfigurement, in which case the |
23 | | driving privileges shall be suspended for 12 months ; or . |
24 | | 50. 49. Has been convicted of a violation of Section |
25 | | 11-1002 or 11-1002.5 that resulted in a Type A injury to |
26 | | another, in which case the person's driving privileges |
|
| | HB3653 Enrolled | - 159 - | LRB101 05541 RLC 50557 b |
|
|
1 | | shall be suspended for 12 months. |
2 | | For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26, |
3 | | and 27 of this
subsection, license means any driver's license, |
4 | | any traffic ticket issued when
the person's driver's license is |
5 | | deposited in lieu of bail, a suspension
notice issued by the |
6 | | Secretary of State, a duplicate or corrected driver's
license, |
7 | | a probationary driver's license , or a temporary driver's |
8 | | license. |
9 | | (b) If any conviction forming the basis of a suspension or
|
10 | | revocation authorized under this Section is appealed, the
|
11 | | Secretary of State may rescind or withhold the entry of the |
12 | | order of suspension
or revocation, as the case may be, provided |
13 | | that a certified copy of a stay
order of a court is filed with |
14 | | the Secretary of State. If the conviction is
affirmed on |
15 | | appeal, the date of the conviction shall relate back to the |
16 | | time
the original judgment of conviction was entered and the |
17 | | 6-month 6 month limitation
prescribed shall not apply.
|
18 | | (c) 1. Upon suspending or revoking the driver's license or |
19 | | permit of
any person as authorized in this Section, the |
20 | | Secretary of State shall
immediately notify the person in |
21 | | writing of the revocation or suspension.
The notice to be |
22 | | deposited in the United States mail, postage prepaid,
to the |
23 | | last known address of the person.
|
24 | | 2. If the Secretary of State suspends the driver's license
|
25 | | of a person under subsection 2 of paragraph (a) of this |
26 | | Section, a
person's privilege to operate a vehicle as an |
|
| | HB3653 Enrolled | - 160 - | LRB101 05541 RLC 50557 b |
|
|
1 | | occupation shall not be
suspended, provided an affidavit is |
2 | | properly completed, the appropriate fee
received, and a permit |
3 | | issued prior to the effective date of the
suspension, unless 5 |
4 | | offenses were committed, at least 2 of which occurred
while |
5 | | operating a commercial vehicle in connection with the driver's
|
6 | | regular occupation. All other driving privileges shall be |
7 | | suspended by the
Secretary of State. Any driver prior to |
8 | | operating a vehicle for
occupational purposes only must submit |
9 | | the affidavit on forms to be
provided by the Secretary of State |
10 | | setting forth the facts of the person's
occupation. The |
11 | | affidavit shall also state the number of offenses
committed |
12 | | while operating a vehicle in connection with the driver's |
13 | | regular
occupation. The affidavit shall be accompanied by the |
14 | | driver's license.
Upon receipt of a properly completed |
15 | | affidavit, the Secretary of State
shall issue the driver a |
16 | | permit to operate a vehicle in connection with the
driver's |
17 | | regular occupation only. Unless the permit is issued by the
|
18 | | Secretary of State prior to the date of suspension, the |
19 | | privilege to drive
any motor vehicle shall be suspended as set |
20 | | forth in the notice that was
mailed under this Section. If an |
21 | | affidavit is received subsequent to the
effective date of this |
22 | | suspension, a permit may be issued for the remainder
of the |
23 | | suspension period.
|
24 | | The provisions of this subparagraph shall not apply to any |
25 | | driver
required to possess a CDL for the purpose of operating a |
26 | | commercial motor vehicle.
|
|
| | HB3653 Enrolled | - 161 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Any person who falsely states any fact in the affidavit |
2 | | required
herein shall be guilty of perjury under Section 6-302 |
3 | | and upon conviction
thereof shall have all driving privileges |
4 | | revoked without further rights.
|
5 | | 3. At the conclusion of a hearing under Section 2-118 of |
6 | | this Code,
the Secretary of State shall either rescind or |
7 | | continue an order of
revocation or shall substitute an order of |
8 | | suspension; or, good
cause appearing therefor, rescind, |
9 | | continue, change, or extend the
order of suspension. If the |
10 | | Secretary of State does not rescind the order,
the Secretary |
11 | | may upon application,
to relieve undue hardship (as defined by |
12 | | the rules of the Secretary of State), issue
a restricted |
13 | | driving permit granting the privilege of driving a motor
|
14 | | vehicle between the petitioner's residence and petitioner's |
15 | | place of
employment or within the scope of the petitioner's |
16 | | employment-related employment related duties, or to
allow the |
17 | | petitioner to transport himself or herself, or a family member |
18 | | of the
petitioner's household to a medical facility, to receive |
19 | | necessary medical care, to allow the petitioner to transport |
20 | | himself or herself to and from alcohol or drug
remedial or |
21 | | rehabilitative activity recommended by a licensed service |
22 | | provider, or to allow the petitioner to transport himself or |
23 | | herself or a family member of the petitioner's household to |
24 | | classes, as a student, at an accredited educational |
25 | | institution, or to allow the petitioner to transport children, |
26 | | elderly persons, or persons with disabilities who do not hold |
|
| | HB3653 Enrolled | - 162 - | LRB101 05541 RLC 50557 b |
|
|
1 | | driving privileges and are living in the petitioner's household |
2 | | to and from daycare. The
petitioner must demonstrate that no |
3 | | alternative means of
transportation is reasonably available |
4 | | and that the petitioner will not endanger
the public safety or |
5 | | welfare.
|
6 | | (A) If a person's license or permit is revoked or |
7 | | suspended due to 2
or more convictions of violating Section |
8 | | 11-501 of this Code or a similar
provision of a local |
9 | | ordinance or a similar out-of-state offense, or Section 9-3 |
10 | | of the Criminal Code of 1961 or the Criminal Code of 2012, |
11 | | where the use of alcohol or other drugs is recited as an |
12 | | element of the offense, or a similar out-of-state offense, |
13 | | or a combination of these offenses, arising out
of separate |
14 | | occurrences, that person, if issued a restricted driving |
15 | | permit,
may not operate a vehicle unless it has been |
16 | | equipped with an ignition
interlock device as defined in |
17 | | Section 1-129.1.
|
18 | | (B) If a person's license or permit is revoked or |
19 | | suspended 2 or more
times due to any combination of: |
20 | | (i) a single conviction of violating Section
|
21 | | 11-501 of this Code or a similar provision of a local |
22 | | ordinance or a similar
out-of-state offense or Section |
23 | | 9-3 of the Criminal Code of 1961 or the Criminal Code |
24 | | of 2012, where the use of alcohol or other drugs is |
25 | | recited as an element of the offense, or a similar |
26 | | out-of-state offense; or |
|
| | HB3653 Enrolled | - 163 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (ii) a statutory summary suspension or revocation |
2 | | under Section
11-501.1; or |
3 | | (iii) a suspension under Section 6-203.1; |
4 | | arising out of
separate occurrences; that person, if issued |
5 | | a restricted driving permit, may
not operate a vehicle |
6 | | unless it has been
equipped with an ignition interlock |
7 | | device as defined in Section 1-129.1. |
8 | | (B-5) If a person's license or permit is revoked or |
9 | | suspended due to a conviction for a violation of |
10 | | subparagraph (C) or (F) of paragraph (1) of subsection (d) |
11 | | of Section 11-501 of this Code, or a similar provision of a |
12 | | local ordinance or similar out-of-state offense, that |
13 | | person, if issued a restricted driving permit, may not |
14 | | operate a vehicle unless it has been equipped with an |
15 | | ignition interlock device as defined in Section 1-129.1. |
16 | | (C)
The person issued a permit conditioned upon the use |
17 | | of an ignition interlock device must pay to the Secretary |
18 | | of State DUI Administration Fund an amount
not to exceed |
19 | | $30 per month. The Secretary shall establish by rule the |
20 | | amount
and the procedures, terms, and conditions relating |
21 | | to these fees. |
22 | | (D) If the
restricted driving permit is issued for |
23 | | employment purposes, then the prohibition against |
24 | | operating a motor vehicle that is not equipped with an |
25 | | ignition interlock device does not apply to the operation |
26 | | of an occupational vehicle owned or
leased by that person's |
|
| | HB3653 Enrolled | - 164 - | LRB101 05541 RLC 50557 b |
|
|
1 | | employer when used solely for employment purposes. For any |
2 | | person who, within a 5-year period, is convicted of a |
3 | | second or subsequent offense under Section 11-501 of this |
4 | | Code, or a similar provision of a local ordinance or |
5 | | similar out-of-state offense, this employment exemption |
6 | | does not apply until either a one-year period has elapsed |
7 | | during which that person had his or her driving privileges |
8 | | revoked or a one-year period has elapsed during which that |
9 | | person had a restricted driving permit which required the |
10 | | use of an ignition interlock device on every motor vehicle |
11 | | owned or operated by that person. |
12 | | (E) In each case the Secretary may issue a
restricted |
13 | | driving permit for a period deemed appropriate, except that |
14 | | all
permits shall expire no later than 2 years from the |
15 | | date of issuance. A
restricted driving permit issued under |
16 | | this Section shall be subject to
cancellation, revocation, |
17 | | and suspension by the Secretary of State in like
manner and |
18 | | for like cause as a driver's license issued under this Code |
19 | | may be
cancelled, revoked, or suspended; except that a |
20 | | conviction upon one or more
offenses against laws or |
21 | | ordinances regulating the movement of traffic
shall be |
22 | | deemed sufficient cause for the revocation, suspension, or
|
23 | | cancellation of a restricted driving permit. The Secretary |
24 | | of State may, as
a condition to the issuance of a |
25 | | restricted driving permit, require the
applicant to |
26 | | participate in a designated driver remedial or |
|
| | HB3653 Enrolled | - 165 - | LRB101 05541 RLC 50557 b |
|
|
1 | | rehabilitative
program. The Secretary of State is |
2 | | authorized to cancel a restricted
driving permit if the |
3 | | permit holder does not successfully complete the program.
|
4 | | (F) A person subject to the provisions of paragraph 4 |
5 | | of subsection (b) of Section 6-208 of this Code may make |
6 | | application for a restricted driving permit at a hearing |
7 | | conducted under Section 2-118 of this Code after the |
8 | | expiration of 5 years from the effective date of the most |
9 | | recent revocation or after 5 years from the date of release |
10 | | from a period of imprisonment resulting from a conviction |
11 | | of the most recent offense, whichever is later, provided |
12 | | the person, in addition to all other requirements of the |
13 | | Secretary, shows by clear and convincing evidence: |
14 | | (i) a minimum of 3 years of uninterrupted |
15 | | abstinence from alcohol and the unlawful use or |
16 | | consumption of cannabis under the Cannabis Control |
17 | | Act, a controlled substance under the Illinois |
18 | | Controlled Substances Act, an intoxicating compound |
19 | | under the Use of Intoxicating Compounds Act, or |
20 | | methamphetamine under the Methamphetamine Control and |
21 | | Community Protection Act; and |
22 | | (ii) the successful completion of any |
23 | | rehabilitative treatment and involvement in any |
24 | | ongoing rehabilitative activity that may be |
25 | | recommended by a properly licensed service provider |
26 | | according to an assessment of the person's alcohol or |
|
| | HB3653 Enrolled | - 166 - | LRB101 05541 RLC 50557 b |
|
|
1 | | drug use under Section 11-501.01 of this Code. |
2 | | In determining whether an applicant is eligible for a |
3 | | restricted driving permit under this subparagraph (F), the |
4 | | Secretary may consider any relevant evidence, including, |
5 | | but not limited to, testimony, affidavits, records, and the |
6 | | results of regular alcohol or drug tests. Persons subject |
7 | | to the provisions of paragraph 4 of subsection (b) of |
8 | | Section 6-208 of this Code and who have been convicted of |
9 | | more than one violation of paragraph (3), paragraph (4), or |
10 | | paragraph (5) of subsection (a) of Section 11-501 of this |
11 | | Code shall not be eligible to apply for a restricted |
12 | | driving permit under this subparagraph (F). |
13 | | A restricted driving permit issued under this |
14 | | subparagraph (F) shall provide that the holder may only |
15 | | operate motor vehicles equipped with an ignition interlock |
16 | | device as required under paragraph (2) of subsection (c) of |
17 | | Section 6-205 of this Code and subparagraph (A) of |
18 | | paragraph 3 of subsection (c) of this Section. The |
19 | | Secretary may revoke a restricted driving permit or amend |
20 | | the conditions of a restricted driving permit issued under |
21 | | this subparagraph (F) if the holder operates a vehicle that |
22 | | is not equipped with an ignition interlock device, or for |
23 | | any other reason authorized under this Code. |
24 | | A restricted driving permit issued under this |
25 | | subparagraph (F) shall be revoked, and the holder barred |
26 | | from applying for or being issued a restricted driving |
|
| | HB3653 Enrolled | - 167 - | LRB101 05541 RLC 50557 b |
|
|
1 | | permit in the future, if the holder is convicted of a |
2 | | violation of Section 11-501 of this Code, a similar |
3 | | provision of a local ordinance, or a similar offense in |
4 | | another state. |
5 | | (c-3) In the case of a suspension under paragraph 43 of |
6 | | subsection (a), reports received by the Secretary of State |
7 | | under this Section shall, except during the actual time the |
8 | | suspension is in effect, be privileged information and for use |
9 | | only by the courts, police officers, prosecuting authorities, |
10 | | the driver licensing administrator of any other state, the |
11 | | Secretary of State, or the parent or legal guardian of a driver |
12 | | under the age of 18. However, beginning January 1, 2008, if the |
13 | | person is a CDL holder, the suspension shall also be made |
14 | | available to the driver licensing administrator of any other |
15 | | state, the U.S. Department of Transportation, and the affected |
16 | | driver or motor
carrier or prospective motor carrier upon |
17 | | request.
|
18 | | (c-4) In the case of a suspension under paragraph 43 of |
19 | | subsection (a), the Secretary of State shall notify the person |
20 | | by mail that his or her driving privileges and driver's license |
21 | | will be suspended one month after the date of the mailing of |
22 | | the notice.
|
23 | | (c-5) The Secretary of State may, as a condition of the |
24 | | reissuance of a
driver's license or permit to an applicant |
25 | | whose driver's license or permit has
been suspended before he |
26 | | or she reached the age of 21 years pursuant to any of
the |
|
| | HB3653 Enrolled | - 168 - | LRB101 05541 RLC 50557 b |
|
|
1 | | provisions of this Section, require the applicant to |
2 | | participate in a
driver remedial education course and be |
3 | | retested under Section 6-109 of this
Code.
|
4 | | (d) This Section is subject to the provisions of the Driver |
5 | | Drivers License
Compact.
|
6 | | (e) The Secretary of State shall not issue a restricted |
7 | | driving permit to
a person under the age of 16 years whose |
8 | | driving privileges have been suspended
or revoked under any |
9 | | provisions of this Code.
|
10 | | (f) In accordance with 49 C.F.R. 384, the Secretary of |
11 | | State may not issue a restricted driving permit for the |
12 | | operation of a commercial motor vehicle to a person holding a |
13 | | CDL whose driving privileges have been suspended, revoked, |
14 | | cancelled, or disqualified under any provisions of this Code. |
15 | | (Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20; |
16 | | 101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.) |
17 | | (625 ILCS 5/6-308) |
18 | | Sec. 6-308. Procedures for traffic violations. |
19 | | (a) Any person cited for violating this Code or a similar |
20 | | provision of a local ordinance for which a violation is a petty |
21 | | offense as defined by Section 5-1-17 of the Unified Code of |
22 | | Corrections, excluding business offenses as defined by Section |
23 | | 5-1-2 of the Unified Code of Corrections or a violation of |
24 | | Section 15-111 or subsection (d) of Section 3-401 of this Code, |
25 | | shall not be required to sign the citation or post bond to |
|
| | HB3653 Enrolled | - 169 - | LRB101 05541 RLC 50557 b |
|
|
1 | | secure bail for his or her release. All other provisions of |
2 | | this Code or similar provisions of local ordinances shall be |
3 | | governed by the pretrial release bail provisions of the |
4 | | Illinois Supreme Court Rules when it is not practical or |
5 | | feasible to take the person before a judge to have conditions |
6 | | of pretrial release bail set or to avoid undue delay because of |
7 | | the hour or circumstances. |
8 | | (b) Whenever a person fails to appear in court, the court |
9 | | may continue the case for a minimum of 30 days and the clerk of |
10 | | the court shall send notice of the continued court date to the |
11 | | person's last known address. If the person does not appear in |
12 | | court on or before the continued court date or satisfy the |
13 | | court that the person's appearance in and surrender to the |
14 | | court is impossible for no fault of the person, the court shall |
15 | | enter an order of failure to appear. The clerk of the court |
16 | | shall notify the Secretary of State, on a report prescribed by |
17 | | the Secretary, of the court's order. The Secretary, when |
18 | | notified by the clerk of the court that an order of failure to |
19 | | appear has been entered, shall immediately suspend the person's |
20 | | driver's license, which shall be designated by the Secretary as |
21 | | a Failure to Appear suspension. The Secretary shall not remove |
22 | | the suspension, nor issue any permit or privileges to the |
23 | | person whose license has been suspended, until notified by the |
24 | | ordering court that the person has appeared and resolved the |
25 | | violation. Upon compliance, the clerk of the court shall |
26 | | present the person with a notice of compliance containing the |
|
| | HB3653 Enrolled | - 170 - | LRB101 05541 RLC 50557 b |
|
|
1 | | seal of the court, and shall notify the Secretary that the |
2 | | person has appeared and resolved the violation. |
3 | | (c) Illinois Supreme Court Rules shall govern pretrial |
4 | | release bail and appearance procedures when a person who is a |
5 | | resident of another state that is not a member of the |
6 | | Nonresident Violator Compact of 1977 is cited for violating |
7 | | this Code or a similar provision of a local ordinance.
|
8 | | (Source: P.A. 100-674, eff. 1-1-19 .)
|
9 | | (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
|
10 | | Sec. 6-500. Definitions of words and phrases. |
11 | | Notwithstanding the
definitions set forth elsewhere in this
|
12 | | Code, for purposes of the Uniform Commercial Driver's License |
13 | | Act
(UCDLA), the words and phrases listed below have the |
14 | | meanings
ascribed to them as follows:
|
15 | | (1) Alcohol. "Alcohol" means any substance containing any |
16 | | form of
alcohol, including but not limited to ethanol,
|
17 | | methanol,
propanol, and
isopropanol.
|
18 | | (2) Alcohol concentration. "Alcohol concentration" means:
|
19 | | (A) the number of grams of alcohol per 210 liters of |
20 | | breath;
or
|
21 | | (B) the number of grams of alcohol per 100 milliliters |
22 | | of
blood; or
|
23 | | (C) the number of grams of alcohol per 67 milliliters |
24 | | of
urine.
|
25 | | Alcohol tests administered within 2 hours of the driver |
|
| | HB3653 Enrolled | - 171 - | LRB101 05541 RLC 50557 b |
|
|
1 | | being
"stopped or detained" shall be considered that driver's |
2 | | "alcohol
concentration" for the purposes of enforcing this |
3 | | UCDLA.
|
4 | | (3) (Blank).
|
5 | | (4) (Blank).
|
6 | | (5) (Blank).
|
7 | | (5.3) CDLIS driver record. "CDLIS driver record" means the |
8 | | electronic record of the individual CDL driver's status and |
9 | | history stored by the State-of-Record as part of the Commercial |
10 | | Driver's License Information System, or CDLIS, established |
11 | | under 49 U.S.C. 31309. |
12 | | (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle |
13 | | record" or "CDLIS MVR" means a report generated from the CDLIS |
14 | | driver record meeting the requirements for access to CDLIS |
15 | | information and provided by states to users authorized in 49 |
16 | | C.F.R. 384.225(e)(3) and (4), subject to the provisions of the |
17 | | Driver Privacy Protection Act, 18 U.S.C. 2721-2725. |
18 | | (5.7) Commercial driver's license downgrade. "Commercial |
19 | | driver's license downgrade" or "CDL downgrade" means either: |
20 | | (A) a state allows the driver to change his or her |
21 | | self-certification to interstate, but operating |
22 | | exclusively in transportation or operation excepted from |
23 | | 49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f), |
24 | | 391.2, 391.68, or 398.3; |
25 | | (B) a state allows the driver to change his or her |
26 | | self-certification to intrastate only, if the driver |
|
| | HB3653 Enrolled | - 172 - | LRB101 05541 RLC 50557 b |
|
|
1 | | qualifies under that state's physical qualification |
2 | | requirements for intrastate only; |
3 | | (C) a state allows the driver to change his or her |
4 | | certification to intrastate, but operating exclusively in |
5 | | transportation or operations excepted from all or part of |
6 | | the state driver qualification requirements; or |
7 | | (D) a state removes the CDL privilege from the driver |
8 | | license. |
9 | | (6) Commercial Motor Vehicle.
|
10 | | (A) "Commercial motor vehicle" or "CMV" means
a motor |
11 | | vehicle or combination of motor vehicles used in commerce, |
12 | | except those referred to in subdivision (B), designed
to |
13 | | transport passengers or property if the motor vehicle:
|
14 | | (i) has a gross combination weight rating or gross |
15 | | combination weight of 11,794 kilograms or more (26,001 |
16 | | pounds or more), whichever is greater, inclusive of any |
17 | | towed unit with a gross vehicle weight rating or
gross |
18 | | vehicle weight of more than 4,536 kilograms (10,000 |
19 | | pounds), whichever is greater; or
|
20 | | (i-5) has a gross vehicle weight rating or gross |
21 | | vehicle weight of 11,794 or more kilograms (26,001 |
22 | | pounds or more), whichever is greater; or |
23 | | (ii) is designed to transport 16 or more
persons, |
24 | | including the driver;
or
|
25 | | (iii) is of any size and is used in transporting |
26 | | hazardous materials as defined in 49 C.F.R. 383.5.
|
|
| | HB3653 Enrolled | - 173 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (B) Pursuant to the interpretation of the Commercial |
2 | | Motor
Vehicle
Safety Act of 1986 by the Federal Highway |
3 | | Administration, the definition of
"commercial motor |
4 | | vehicle" does not include:
|
5 | | (i) recreational vehicles, when operated primarily |
6 | | for personal use;
|
7 | | (ii) vehicles owned by or operated under the |
8 | | direction of the United States Department of Defense or |
9 | | the United States Coast Guard only when operated by
|
10 | | non-civilian personnel. This includes any operator on |
11 | | active military
duty; members of the Reserves; |
12 | | National Guard; personnel on part-time
training; and |
13 | | National Guard military technicians (civilians who are
|
14 | | required to wear military uniforms and are subject to |
15 | | the Code of Military
Justice); or
|
16 | | (iii) firefighting, police, and other emergency |
17 | | equipment (including, without limitation, equipment |
18 | | owned or operated by a HazMat or technical rescue team |
19 | | authorized by a county board under Section 5-1127 of |
20 | | the Counties Code), with audible and
visual signals, |
21 | | owned or operated
by or for a
governmental entity, |
22 | | which is necessary to the preservation of life or
|
23 | | property or the execution of emergency governmental |
24 | | functions which are
normally not subject to general |
25 | | traffic rules and regulations.
|
26 | | (7) Controlled Substance. "Controlled substance" shall |
|
| | HB3653 Enrolled | - 174 - | LRB101 05541 RLC 50557 b |
|
|
1 | | have the same
meaning as defined in Section 102 of the Illinois |
2 | | Controlled Substances Act,
and shall also include cannabis as |
3 | | defined in Section 3 of the Cannabis Control
Act and |
4 | | methamphetamine as defined in Section 10 of the Methamphetamine |
5 | | Control and Community Protection Act.
|
6 | | (8) Conviction. "Conviction" means an unvacated |
7 | | adjudication of guilt
or a determination that a person has |
8 | | violated or failed to comply with the
law in a court of |
9 | | original jurisdiction or by an authorized administrative
|
10 | | tribunal; an unvacated revocation of pretrial release or |
11 | | forfeiture of bail or collateral deposited to secure
the |
12 | | person's appearance in court; a plea of guilty or nolo |
13 | | contendere accepted by the court; the payment of a fine or |
14 | | court cost
regardless of whether the imposition of sentence is |
15 | | deferred and ultimately
a judgment dismissing the underlying |
16 | | charge is entered; or a violation of a
condition of pretrial |
17 | | release without bail, regardless of whether or not the penalty
|
18 | | is rebated, suspended or probated.
|
19 | | (8.5) Day. "Day" means calendar day.
|
20 | | (9) (Blank).
|
21 | | (10) (Blank).
|
22 | | (11) (Blank).
|
23 | | (12) (Blank).
|
24 | | (13) Driver. "Driver" means any person who drives, |
25 | | operates, or is in
physical control of a commercial motor |
26 | | vehicle, any person who is required to hold a
CDL, or any |
|
| | HB3653 Enrolled | - 175 - | LRB101 05541 RLC 50557 b |
|
|
1 | | person who is a holder of a CDL while operating a |
2 | | non-commercial motor vehicle.
|
3 | | (13.5) Driver applicant. "Driver applicant" means an |
4 | | individual who applies to a state or other jurisdiction to |
5 | | obtain, transfer, upgrade, or renew a CDL or to obtain or renew |
6 | | a CLP.
|
7 | | (13.8) Electronic device. "Electronic device" includes, |
8 | | but is not limited to, a cellular telephone, personal digital |
9 | | assistant, pager, computer, or any other device used to input, |
10 | | write, send, receive, or read text. |
11 | | (14) Employee. "Employee" means a person who is employed as |
12 | | a
commercial
motor vehicle driver. A person who is |
13 | | self-employed as a commercial motor
vehicle driver must comply |
14 | | with the requirements of this UCDLA
pertaining to employees. An
|
15 | | owner-operator on a long-term lease shall be considered an |
16 | | employee.
|
17 | | (15) Employer. "Employer" means a person (including the |
18 | | United
States, a State or a local authority) who owns or leases |
19 | | a commercial motor
vehicle or assigns employees to operate such |
20 | | a vehicle. A person who is
self-employed as a commercial motor |
21 | | vehicle driver must
comply with the requirements of this UCDLA.
|
22 | | (15.1) Endorsement. "Endorsement" means an authorization |
23 | | to an individual's CLP or CDL required to permit the individual |
24 | | to operate certain types of commercial motor vehicles. |
25 | | (15.2) Entry-level driver training. "Entry-level driver |
26 | | training" means the training an entry-level driver receives |
|
| | HB3653 Enrolled | - 176 - | LRB101 05541 RLC 50557 b |
|
|
1 | | from an entity listed on the Federal Motor Carrier Safety |
2 | | Administration's Training Provider Registry prior to: (i) |
3 | | taking the CDL skills test required to receive the Class A or |
4 | | Class B CDL for the first time; (ii) taking the CDL skills test |
5 | | required to upgrade to a Class A or Class B CDL; or (iii) |
6 | | taking the CDL skills test required to obtain a passenger or |
7 | | school bus endorsement for the first time or the CDL knowledge |
8 | | test required to obtain a hazardous materials endorsement for |
9 | | the first time. |
10 | | (15.3) Excepted interstate. "Excepted interstate" means a |
11 | | person who operates or expects to operate in interstate |
12 | | commerce, but engages exclusively in transportation or |
13 | | operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or |
14 | | 398.3 from all or part of the qualification requirements of 49 |
15 | | C.F.R. Part 391 and is not required to obtain a medical |
16 | | examiner's certificate by 49 C.F.R. 391.45. |
17 | | (15.5) Excepted intrastate. "Excepted intrastate" means a |
18 | | person who operates in intrastate commerce but engages |
19 | | exclusively in transportation or operations excepted from all |
20 | | or parts of the state driver qualification requirements. |
21 | | (16) (Blank).
|
22 | | (16.5) Fatality. "Fatality" means the death of a person as |
23 | | a result of a motor vehicle accident.
|
24 | | (16.7) Foreign commercial driver. "Foreign commercial |
25 | | driver" means a person licensed to operate a commercial motor |
26 | | vehicle by an authority outside the United States, or a citizen |
|
| | HB3653 Enrolled | - 177 - | LRB101 05541 RLC 50557 b |
|
|
1 | | of a foreign country who operates a commercial motor vehicle in |
2 | | the United States. |
3 | | (17) Foreign jurisdiction. "Foreign jurisdiction" means a |
4 | | sovereign
jurisdiction that does not fall within the definition |
5 | | of "State".
|
6 | | (18) (Blank).
|
7 | | (19) (Blank).
|
8 | | (20) Hazardous materials. "Hazardous material" means any |
9 | | material that has been designated under 49 U.S.C.
5103 and is |
10 | | required to be placarded under subpart F of 49 C.F.R. part 172 |
11 | | or any quantity of a material listed as a select agent or toxin |
12 | | in 42 C.F.R. part 73.
|
13 | | (20.5) Imminent Hazard. "Imminent hazard" means the |
14 | | existence of any condition of a vehicle, employee, or |
15 | | commercial motor vehicle operations that substantially |
16 | | increases the likelihood of serious injury or death if not |
17 | | discontinued immediately; or a condition relating to hazardous |
18 | | material that presents a substantial likelihood that death, |
19 | | serious illness, severe personal injury, or a substantial |
20 | | endangerment to health, property, or the environment may occur |
21 | | before the reasonably foreseeable completion date of a formal |
22 | | proceeding begun to lessen the risk of that death, illness, |
23 | | injury or endangerment.
|
24 | | (20.6) Issuance. "Issuance" means initial issuance, |
25 | | transfer, renewal, or upgrade of a CLP or CDL and non-domiciled |
26 | | CLP or CDL. |
|
| | HB3653 Enrolled | - 178 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (20.7) Issue. "Issue" means initial issuance, transfer, |
2 | | renewal, or upgrade of a CLP or CDL and non-domiciled CLP or |
3 | | non-domiciled CDL. |
4 | | (21) Long-term lease. "Long-term lease" means a lease of a |
5 | | commercial
motor vehicle by the owner-lessor to a lessee, for a |
6 | | period of more than 29
days.
|
7 | | (21.01) Manual transmission. "Manual transmission" means a |
8 | | transmission utilizing a driver-operated clutch that is |
9 | | activated by a pedal or lever and a gear-shift mechanism |
10 | | operated either by hand or foot including those known as a |
11 | | stick shift, stick, straight drive, or standard transmission. |
12 | | All other transmissions, whether semi-automatic or automatic, |
13 | | shall be considered automatic for the purposes of the |
14 | | standardized restriction code. |
15 | | (21.1) Medical examiner. "Medical examiner" means an |
16 | | individual certified by the Federal Motor Carrier Safety |
17 | | Administration and listed on the National Registry of Certified |
18 | | Medical Examiners in accordance with Federal Motor Carrier |
19 | | Safety Regulations, 49 CFR 390.101 et seq. |
20 | | (21.2) Medical examiner's certificate. "Medical examiner's |
21 | | certificate" means either (1) prior to June 22, 2021, a |
22 | | document prescribed or approved by the Secretary of State that |
23 | | is issued by a medical examiner to a driver to medically |
24 | | qualify him or her to drive; or (2) beginning June 22, 2021, an |
25 | | electronic submission of results of an examination conducted by |
26 | | a medical examiner listed on the National Registry of Certified |
|
| | HB3653 Enrolled | - 179 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Medical Examiners to the Federal Motor Carrier Safety |
2 | | Administration of a driver to medically qualify him or her to |
3 | | drive. |
4 | | (21.5) Medical variance. "Medical variance" means a driver |
5 | | has received one of the following from the Federal Motor |
6 | | Carrier Safety Administration which allows the driver to be |
7 | | issued a medical certificate: (1) an exemption letter |
8 | | permitting operation of a commercial motor vehicle pursuant to |
9 | | 49 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a |
10 | | skill performance evaluation (SPE) certificate permitting |
11 | | operation of a commercial motor vehicle pursuant to 49 C.F.R. |
12 | | 391.49. |
13 | | (21.7) Mobile telephone. "Mobile telephone" means a mobile |
14 | | communication device that falls under or uses any commercial |
15 | | mobile radio service, as defined in regulations of the Federal |
16 | | Communications Commission, 47 CFR 20.3. It does not include |
17 | | two-way or citizens band radio services. |
18 | | (22) Motor Vehicle. "Motor vehicle" means every vehicle
|
19 | | which is self-propelled, and every vehicle which is propelled |
20 | | by electric
power obtained from over head trolley wires but not |
21 | | operated upon rails,
except vehicles moved solely by human |
22 | | power and motorized wheel chairs.
|
23 | | (22.2) Motor vehicle record. "Motor vehicle record" means a |
24 | | report of the driving status and history of a driver generated |
25 | | from the driver record provided to users, such as drivers or |
26 | | employers, and is subject to the provisions of the Driver |
|
| | HB3653 Enrolled | - 180 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Privacy Protection Act, 18 U.S.C. 2721-2725. |
2 | | (22.5) Non-CMV. "Non-CMV" means a motor vehicle or |
3 | | combination of motor vehicles not defined by the term |
4 | | "commercial motor vehicle" or "CMV" in this Section.
|
5 | | (22.7) Non-excepted interstate. "Non-excepted interstate" |
6 | | means a person who operates or expects to operate in interstate |
7 | | commerce, is subject to and meets the qualification |
8 | | requirements under 49 C.F.R. Part 391, and is required to |
9 | | obtain a medical examiner's certificate by 49 C.F.R. 391.45. |
10 | | (22.8) Non-excepted intrastate. "Non-excepted intrastate" |
11 | | means a person who operates only in intrastate commerce and is |
12 | | subject to State driver qualification requirements. |
13 | | (23) Non-domiciled CLP or Non-domiciled CDL. |
14 | | "Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL, |
15 | | respectively, issued by a state or other jurisdiction under |
16 | | either of the following two conditions: |
17 | | (i) to an individual domiciled in a foreign country |
18 | | meeting the requirements of Part 383.23(b)(1) of 49 C.F.R. |
19 | | of the Federal Motor Carrier Safety Administration.
|
20 | | (ii) to an individual domiciled in another state |
21 | | meeting the requirements of Part 383.23(b)(2) of 49 C.F.R. |
22 | | of the Federal Motor Carrier Safety Administration.
|
23 | | (24) (Blank).
|
24 | | (25) (Blank).
|
25 | | (25.5) Railroad-Highway Grade Crossing Violation. |
26 | | "Railroad-highway
grade
crossing violation" means a
violation, |
|
| | HB3653 Enrolled | - 181 - | LRB101 05541 RLC 50557 b |
|
|
1 | | while operating a commercial motor vehicle, of
any
of the |
2 | | following:
|
3 | | (A) Section 11-1201, 11-1202, or 11-1425 of this
Code.
|
4 | | (B) Any other similar
law or local ordinance of any |
5 | | state relating to
railroad-highway grade crossing.
|
6 | | (25.7) School Bus. "School bus" means a commercial motor |
7 | | vehicle used to transport pre-primary, primary, or secondary |
8 | | school students from home to school, from school to home, or to |
9 | | and from school-sponsored events. "School bus" does not include |
10 | | a bus used as a common carrier.
|
11 | | (26) Serious Traffic Violation. "Serious traffic |
12 | | violation"
means:
|
13 | | (A) a conviction when operating a commercial motor |
14 | | vehicle, or when operating a non-CMV while holding a CLP or |
15 | | CDL,
of:
|
16 | | (i) a violation relating to excessive speeding,
|
17 | | involving a single speeding charge of 15 miles per hour |
18 | | or more above the
legal speed limit; or
|
19 | | (ii) a violation relating to reckless driving; or
|
20 | | (iii) a violation of any State law or local |
21 | | ordinance relating to motor
vehicle traffic control |
22 | | (other than parking violations) arising in
connection |
23 | | with a fatal traffic accident; or
|
24 | | (iv) a violation of Section 6-501, relating to |
25 | | having multiple driver's
licenses; or
|
26 | | (v) a violation of paragraph (a) of Section 6-507, |
|
| | HB3653 Enrolled | - 182 - | LRB101 05541 RLC 50557 b |
|
|
1 | | relating to the
requirement to have a valid CLP or CDL; |
2 | | or
|
3 | | (vi) a violation relating to improper or erratic |
4 | | traffic lane changes;
or
|
5 | | (vii) a violation relating to following another |
6 | | vehicle too closely; or
|
7 | | (viii) a violation relating to texting while |
8 | | driving; or |
9 | | (ix) a violation relating to the use of a hand-held |
10 | | mobile telephone while driving; or |
11 | | (B) any other similar violation of a law or local
|
12 | | ordinance of any state relating to motor vehicle traffic |
13 | | control, other
than a parking violation, which the |
14 | | Secretary of State determines by
administrative rule to be |
15 | | serious.
|
16 | | (27) State. "State" means a state of the United States, the |
17 | | District of
Columbia and any province or territory of Canada.
|
18 | | (28) (Blank).
|
19 | | (29) (Blank).
|
20 | | (30) (Blank).
|
21 | | (31) (Blank).
|
22 | | (32) Texting. "Texting" means manually entering |
23 | | alphanumeric text into, or reading text from, an electronic |
24 | | device. |
25 | | (1) Texting includes, but is not limited to, short |
26 | | message service, emailing, instant messaging, a command or |
|
| | HB3653 Enrolled | - 183 - | LRB101 05541 RLC 50557 b |
|
|
1 | | request to access a World Wide Web page, pressing more than |
2 | | a single button to initiate or terminate a voice |
3 | | communication using a mobile telephone, or engaging in any |
4 | | other form of electronic text retrieval or entry for |
5 | | present or future communication. |
6 | | (2) Texting does not include: |
7 | | (i) inputting, selecting, or reading information |
8 | | on a global positioning system or navigation system; or |
9 | | (ii) pressing a single button to initiate or |
10 | | terminate a voice communication using a mobile |
11 | | telephone; or |
12 | | (iii) using a device capable of performing |
13 | | multiple functions (for example, a fleet management |
14 | | system, dispatching device, smart phone, citizens band |
15 | | radio, or music player) for a purpose that is not |
16 | | otherwise prohibited by Part 392 of the Federal Motor |
17 | | Carrier Safety Regulations. |
18 | | (32.3) Third party skills test examiner. "Third party |
19 | | skills test examiner" means a person employed by a third party |
20 | | tester who is authorized by the State to administer the CDL |
21 | | skills tests specified in 49 C.F.R. Part 383, subparts G and H. |
22 | | (32.5) Third party tester. "Third party tester" means a |
23 | | person (including, but not limited to, another state, a motor |
24 | | carrier, a private driver training facility or other private |
25 | | institution, or a department, agency, or instrumentality of a |
26 | | local government) authorized by the State to employ skills test |
|
| | HB3653 Enrolled | - 184 - | LRB101 05541 RLC 50557 b |
|
|
1 | | examiners to administer the CDL skills tests specified in 49 |
2 | | C.F.R. Part 383, subparts G and H. |
3 | | (32.7) United States. "United States" means the 50 states |
4 | | and the District of Columbia. |
5 | | (33) Use a hand-held mobile telephone. "Use a hand-held |
6 | | mobile telephone" means: |
7 | | (1) using at least one hand to hold a mobile telephone |
8 | | to conduct a voice communication; |
9 | | (2) dialing or answering a mobile telephone by pressing |
10 | | more than a single button; or |
11 | | (3) reaching for a mobile telephone in a manner that |
12 | | requires a driver to maneuver so that he or she is no |
13 | | longer in a seated driving position, restrained by a seat |
14 | | belt that is installed in accordance with 49 CFR 393.93 and |
15 | | adjusted in accordance with the vehicle manufacturer's |
16 | | instructions. |
17 | | (Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20 .)
|
18 | | (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601)
|
19 | | Sec. 6-601. Penalties.
|
20 | | (a) It is a petty offense for any person to violate any of |
21 | | the
provisions of this Chapter unless such violation is by this |
22 | | Code or other
law of this State declared to be a misdemeanor or |
23 | | a felony.
|
24 | | (b) General penalties. Unless another penalty is in this |
25 | | Code
or other laws of this State, every person convicted of a |
|
| | HB3653 Enrolled | - 185 - | LRB101 05541 RLC 50557 b |
|
|
1 | | petty
offense for the violation of any provision of this |
2 | | Chapter shall be
punished by a fine of not more than $500.
|
3 | | (c) Unlicensed driving. Except as hereinafter provided a |
4 | | violation
of Section 6-101 shall be:
|
5 | | 1. A Class A misdemeanor if the person failed to obtain |
6 | | a driver's
license or permit after expiration of a period |
7 | | of revocation.
|
8 | | 2. A Class B misdemeanor if the person has been issued |
9 | | a driver's license
or permit, which has expired, and if the |
10 | | period of expiration is greater than
one year; or if the |
11 | | person has never been issued a driver's license or permit,
|
12 | | or is not qualified to obtain a driver's license or permit |
13 | | because of his age.
|
14 | | 3. A petty offense if the person has been issued a |
15 | | temporary visitor's driver's license or permit and is |
16 | | unable to provide proof of liability insurance as provided |
17 | | in subsection (d-5) of Section 6-105.1. |
18 | | If a licensee under this Code is convicted of violating |
19 | | Section 6-303 for
operating a motor vehicle during a time when |
20 | | such licensee's driver's license
was suspended under the |
21 | | provisions of Section 6-306.3 or 6-308, then such act shall be
|
22 | | a petty offense (provided the licensee has answered the charge |
23 | | which was the
basis of the suspension under Section 6-306.3 or |
24 | | 6-308), and there shall be imposed no
additional like period of |
25 | | suspension as provided in paragraph (b) of Section
6-303.
|
26 | | (d) For violations of this Code or a similar provision of a |
|
| | HB3653 Enrolled | - 186 - | LRB101 05541 RLC 50557 b |
|
|
1 | | local ordinance for which a violation is a petty offense as |
2 | | defined by Section 5-1-17 of the Unified Code of Corrections, |
3 | | excluding business offenses as defined by Section 5-1-2 of the |
4 | | Unified Code of Corrections or a violation of Section 15-111 or |
5 | | subsection (d) of Section 3-401 of this Code, if the violation |
6 | | may be satisfied without a court appearance, the violator may, |
7 | | pursuant to Supreme Court Rule, satisfy the case with a written |
8 | | plea of guilty and payment of fines, penalties, and costs as |
9 | | equal to the bail amount established by the Supreme Court for |
10 | | the offense. |
11 | | (Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15; |
12 | | 98-1134, eff. 1-1-15.)
|
13 | | (625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
|
14 | | Sec. 16-103. Arrest outside county where violation |
15 | | committed.
|
16 | | Whenever a defendant is arrested upon a warrant charging a |
17 | | violation of
this Act in a county other than that in which such |
18 | | warrant was issued, the
arresting officer, immediately upon the |
19 | | request of the defendant, shall
take such defendant before a |
20 | | circuit judge or associate circuit judge in
the county in which |
21 | | the arrest was made who shall admit the defendant to
pretrial |
22 | | release bail for his appearance before the court named in the |
23 | | warrant. On setting the conditions of pretrial release taking
|
24 | | such bail the circuit judge or associate circuit judge shall |
25 | | certify such
fact on the warrant and deliver the warrant and |
|
| | HB3653 Enrolled | - 187 - | LRB101 05541 RLC 50557 b |
|
|
1 | | conditions of pretrial release undertaking of bail or
other |
2 | | security , or the drivers license of such defendant if |
3 | | deposited,
under the law relating to such licenses, in lieu of |
4 | | such security, to the
officer having charge of the defendant. |
5 | | Such officer shall then immediately
discharge the defendant |
6 | | from arrest and without delay deliver such warrant
and such |
7 | | acknowledgment by the defendant of his or her receiving the |
8 | | conditions of pretrial release undertaking of bail, or other |
9 | | security or drivers license to the
court before which the |
10 | | defendant is required to appear.
|
11 | | (Source: P.A. 77-1280.)
|
12 | | Section 10-191. The Illinois Vehicle Code is amended by |
13 | | changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8, |
14 | | 11-208.9, and 11-1201.1 as follows: |
15 | | (625 ILCS 5/6-209.1) |
16 | | Sec. 6-209.1. Restoration of driving privileges; |
17 | | revocation; suspension; cancellation. |
18 | | (a) The Secretary shall rescind the suspension or |
19 | | cancellation of a person's driver's license that has been |
20 | | suspended or canceled before July 1, 2020 ( the effective date |
21 | | of Public Act 101-623) this amendatory Act of the 101st General |
22 | | Assembly due to: |
23 | | (1) the person being convicted of theft of motor fuel |
24 | | under Section Sections 16-25 or 16K-15 of the Criminal Code |
|
| | HB3653 Enrolled | - 188 - | LRB101 05541 RLC 50557 b |
|
|
1 | | of 1961 or the Criminal Code of 2012; |
2 | | (2) the person, since the issuance of the driver's |
3 | | license, being adjudged to be afflicted with or suffering |
4 | | from any mental disability or disease; |
5 | | (3) a violation of Section 6-16 of the Liquor Control |
6 | | Act of 1934 or a similar provision of a local ordinance; |
7 | | (4) the person being convicted of a violation of |
8 | | Section 6-20 of the Liquor Control Act of 1934 or a similar |
9 | | provision of a local ordinance, if the person presents a |
10 | | certified copy of a court order that includes a finding |
11 | | that the person was not an occupant of a motor vehicle at |
12 | | the time of the violation; |
13 | | (5) the person receiving a disposition of court |
14 | | supervision for a violation of subsection subsections (a), |
15 | | (d), or (e) of Section 6-20 of the Liquor Control Act of |
16 | | 1934 or a similar provision of a local ordinance, if the |
17 | | person presents a certified copy of a court order that |
18 | | includes a finding that the person was not an occupant of a |
19 | | motor vehicle at the time of the violation; |
20 | | (6) the person failing to pay any fine or penalty due |
21 | | or owing as a result of 10 or more violations of a |
22 | | municipality's or county's vehicular standing, parking, or |
23 | | compliance regulations established by ordinance under |
24 | | Section 11-208.3 of this Code; |
25 | | (7) the person failing to satisfy any fine or penalty |
26 | | resulting from a final order issued by the Illinois State |
|
| | HB3653 Enrolled | - 189 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Toll Highway Authority relating directly or indirectly to 5 |
2 | | or more toll violations, toll evasions, or both; |
3 | | (8) the person being convicted of a violation of |
4 | | Section 4-102 of this Code, if the person presents a |
5 | | certified copy of a court order that includes a finding |
6 | | that the person did not exercise actual physical control of |
7 | | the vehicle at the time of the violation; or |
8 | | (9) the person being convicted of criminal trespass to |
9 | | vehicles under Section 21-2 of the Criminal Code of 2012, |
10 | | if the person presents a certified copy of a court order |
11 | | that includes a finding that the person did not exercise |
12 | | actual physical control of the vehicle at the time of the |
13 | | violation.
|
14 | | (b) As soon as practicable and no later than July 1, 2021, |
15 | | the Secretary shall rescind the suspension, cancellation, or |
16 | | prohibition of renewal of a person's driver's license that has |
17 | | been suspended, canceled, or whose renewal has been prohibited |
18 | | before the effective date of this amendatory Act of the 101st |
19 | | General Assembly due to the person having failed to pay any |
20 | | fine or penalty for traffic violations, automated traffic law |
21 | | enforcement system violations as defined in Sections 11-208.6, |
22 | | and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle |
23 | | fees. |
24 | | (Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
|
25 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
|
|
| | HB3653 Enrolled | - 190 - | LRB101 05541 RLC 50557 b |
|
|
1 | | Sec. 11-208.3. Administrative adjudication of violations |
2 | | of traffic
regulations concerning the standing, parking, or |
3 | | condition of
vehicles, automated traffic law violations, and |
4 | | automated speed enforcement system violations.
|
5 | | (a) Any municipality or county may provide by ordinance for |
6 | | a system of
administrative adjudication of vehicular standing |
7 | | and parking violations and
vehicle compliance violations as |
8 | | described in this subsection, automated traffic law violations |
9 | | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and |
10 | | automated speed enforcement system violations as defined in |
11 | | Section 11-208.8.
The administrative system shall have as its |
12 | | purpose the fair and
efficient enforcement of municipal or |
13 | | county regulations through the
administrative adjudication of |
14 | | automated speed enforcement system or automated traffic law |
15 | | violations and violations of municipal or county ordinances
|
16 | | regulating the standing and parking of vehicles, the condition |
17 | | and use of
vehicle equipment, and the display of municipal or |
18 | | county wheel tax licenses within the
municipality's
or county's |
19 | | borders. The administrative system shall only have authority to |
20 | | adjudicate
civil offenses carrying fines not in excess of $500 |
21 | | or requiring the completion of a traffic education program, or |
22 | | both, that occur after the
effective date of the ordinance |
23 | | adopting such a system under this Section.
For purposes of this |
24 | | Section, "compliance violation" means a violation of a
|
25 | | municipal or county regulation governing the condition or use |
26 | | of equipment on a vehicle
or governing the display of a |
|
| | HB3653 Enrolled | - 191 - | LRB101 05541 RLC 50557 b |
|
|
1 | | municipal or county wheel tax license.
|
2 | | (b) Any ordinance establishing a system of administrative |
3 | | adjudication
under this Section shall provide for:
|
4 | | (1) A traffic compliance administrator authorized to
|
5 | | adopt, distribute , and
process parking, compliance, and |
6 | | automated speed enforcement system or automated traffic |
7 | | law violation notices and other notices required
by this
|
8 | | Section, collect money paid as fines and penalties for |
9 | | violation of parking
and compliance
ordinances and |
10 | | automated speed enforcement system or automated traffic |
11 | | law violations, and operate an administrative adjudication |
12 | | system. The traffic
compliance
administrator also may make |
13 | | a certified report to the Secretary of State
under Section |
14 | | 6-306.5.
|
15 | | (2) A parking, standing, compliance, automated speed |
16 | | enforcement system, or automated traffic law violation |
17 | | notice
that
shall specify or include the date,
time, and |
18 | | place of violation of a parking, standing,
compliance, |
19 | | automated speed enforcement system, or automated traffic |
20 | | law
regulation; the particular regulation
violated; any |
21 | | requirement to complete a traffic education program; the |
22 | | fine and any penalty that may be assessed for late payment |
23 | | or failure to complete a required traffic education |
24 | | program, or both,
when so provided by ordinance; the |
25 | | vehicle make or a photograph of the vehicle; the state |
26 | | registration
number of the vehicle; and the identification |
|
| | HB3653 Enrolled | - 192 - | LRB101 05541 RLC 50557 b |
|
|
1 | | number of the
person issuing the notice.
With regard to |
2 | | automated speed enforcement system or automated traffic |
3 | | law violations, vehicle make shall be specified on the |
4 | | automated speed enforcement system or automated traffic |
5 | | law violation notice if the notice does not include a |
6 | | photograph of the vehicle and the make is available and |
7 | | readily discernible. With regard to municipalities or |
8 | | counties with a population of 1 million or more, it
shall |
9 | | be grounds for
dismissal of a parking
violation if the |
10 | | state registration number or vehicle make specified is
|
11 | | incorrect. The violation notice shall state that the |
12 | | completion of any required traffic education program, the |
13 | | payment of any indicated
fine, and the payment of any |
14 | | applicable penalty for late payment or failure to complete |
15 | | a required traffic education program, or both, shall |
16 | | operate as a
final disposition of the violation. The notice |
17 | | also shall contain
information as to the availability of a |
18 | | hearing in which the violation may
be contested on its |
19 | | merits. The violation notice shall specify the
time and |
20 | | manner in which a hearing may be had.
|
21 | | (3) Service of a parking, standing, or compliance
|
22 | | violation notice by: (i) affixing the
original or a |
23 | | facsimile of the notice to an unlawfully parked or standing |
24 | | vehicle; (ii)
handing the notice to the operator of a |
25 | | vehicle if he or she is
present; or (iii) mailing the |
26 | | notice to the address of the registered owner or lessee of |
|
| | HB3653 Enrolled | - 193 - | LRB101 05541 RLC 50557 b |
|
|
1 | | the cited vehicle as recorded with the Secretary of State |
2 | | or the lessor of the motor vehicle within 30 days after the |
3 | | Secretary of State or the lessor of the motor vehicle |
4 | | notifies the municipality or county of the identity of the |
5 | | owner or lessee of the vehicle, but not later than 90 days |
6 | | after the date of the violation, except that in the case of |
7 | | a lessee of a motor vehicle, service of a parking, |
8 | | standing, or compliance violation notice may occur no later |
9 | | than 210 days after the violation; and service of an |
10 | | automated speed enforcement system or automated traffic |
11 | | law violation notice by mail to the
address
of the |
12 | | registered owner or lessee of the cited vehicle as recorded |
13 | | with the Secretary of
State or the lessor of the motor |
14 | | vehicle within 30 days after the Secretary of State or the |
15 | | lessor of the motor vehicle notifies the municipality or |
16 | | county of the identity of the owner or lessee of the |
17 | | vehicle, but not later than 90 days after the violation, |
18 | | except that in the case of a lessee of a motor vehicle, |
19 | | service of an automated traffic law violation notice may |
20 | | occur no later than 210 days after the violation. A person |
21 | | authorized by ordinance to issue and serve parking,
|
22 | | standing, and compliance
violation notices shall certify |
23 | | as to the correctness of the facts entered
on the violation |
24 | | notice by signing his or her name to the notice at
the time |
25 | | of service or , in the case of a notice produced by a |
26 | | computerized
device, by signing a single certificate to be |
|
| | HB3653 Enrolled | - 194 - | LRB101 05541 RLC 50557 b |
|
|
1 | | kept by the traffic
compliance
administrator attesting to |
2 | | the correctness of all notices produced by the
device while |
3 | | it was under his or her control. In the case of an |
4 | | automated traffic law violation, the ordinance shall
|
5 | | require
a
determination by a technician employed or |
6 | | contracted by the municipality or county that,
based on |
7 | | inspection of recorded images, the motor vehicle was being |
8 | | operated in
violation of Section 11-208.6, 11-208.9, or |
9 | | 11-1201.1 or a local ordinance.
If the technician |
10 | | determines that the
vehicle entered the intersection as |
11 | | part of a funeral procession or in order to
yield the |
12 | | right-of-way to an emergency vehicle, a citation shall not |
13 | | be issued. In municipalities with a population of less than |
14 | | 1,000,000 inhabitants and counties with a population of |
15 | | less than 3,000,000 inhabitants, the automated traffic law |
16 | | ordinance shall require that all determinations by a |
17 | | technician that a motor vehicle was being operated in
|
18 | | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a |
19 | | local ordinance must be reviewed and approved by a law |
20 | | enforcement officer or retired law enforcement officer of |
21 | | the municipality or county issuing the violation. In |
22 | | municipalities with a population of 1,000,000 or more |
23 | | inhabitants and counties with a population of 3,000,000 or |
24 | | more inhabitants, the automated traffic law ordinance |
25 | | shall require that all determinations by a technician that |
26 | | a motor vehicle was being operated in
violation of Section |
|
| | HB3653 Enrolled | - 195 - | LRB101 05541 RLC 50557 b |
|
|
1 | | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must |
2 | | be reviewed and approved by a law enforcement officer or |
3 | | retired law enforcement officer of the municipality or |
4 | | county issuing the violation or by an additional fully |
5 | | trained fully-trained reviewing technician who is not |
6 | | employed by the contractor who employs the technician who |
7 | | made the initial determination. In the case of an automated |
8 | | speed enforcement system violation, the ordinance shall |
9 | | require a determination by a technician employed by the |
10 | | municipality, based upon an inspection of recorded images, |
11 | | video or other documentation, including documentation of |
12 | | the speed limit and automated speed enforcement signage, |
13 | | and documentation of the inspection, calibration, and |
14 | | certification of the speed equipment, that the vehicle was |
15 | | being operated in violation of Article VI of Chapter 11 of |
16 | | this Code or a similar local ordinance. If the technician |
17 | | determines that the vehicle speed was not determined by a |
18 | | calibrated, certified speed equipment device based upon |
19 | | the speed equipment documentation, or if the vehicle was an |
20 | | emergency vehicle, a citation may not be issued. The |
21 | | automated speed enforcement ordinance shall require that |
22 | | all determinations by a technician that a violation |
23 | | occurred be reviewed and approved by a law enforcement |
24 | | officer or retired law enforcement officer of the |
25 | | municipality issuing the violation or by an additional |
26 | | fully trained reviewing technician who is not employed by |
|
| | HB3653 Enrolled | - 196 - | LRB101 05541 RLC 50557 b |
|
|
1 | | the contractor who employs the technician who made the |
2 | | initial determination. Routine and independent calibration |
3 | | of the speeds produced by automated speed enforcement |
4 | | systems and equipment shall be conducted annually by a |
5 | | qualified technician. Speeds produced by an automated |
6 | | speed enforcement system shall be compared with speeds |
7 | | produced by lidar or other independent equipment. Radar or |
8 | | lidar equipment shall undergo an internal validation test |
9 | | no less frequently than once each week. Qualified |
10 | | technicians shall test loop-based loop based equipment no |
11 | | less frequently than once a year. Radar equipment shall be |
12 | | checked for accuracy by a qualified technician when the |
13 | | unit is serviced, when unusual or suspect readings persist, |
14 | | or when deemed necessary by a reviewing technician. Radar |
15 | | equipment shall be checked with the internal frequency |
16 | | generator and the internal circuit test whenever the radar |
17 | | is turned on. Technicians must be alert for any unusual or |
18 | | suspect readings, and if unusual or suspect readings of a |
19 | | radar unit persist, that unit shall immediately be removed |
20 | | from service and not returned to service until it has been |
21 | | checked by a qualified technician and determined to be |
22 | | functioning properly. Documentation of the annual |
23 | | calibration results, including the equipment tested, test |
24 | | date, technician performing the test, and test results, |
25 | | shall be maintained and available for use in the |
26 | | determination of an automated speed enforcement system |
|
| | HB3653 Enrolled | - 197 - | LRB101 05541 RLC 50557 b |
|
|
1 | | violation and issuance of a citation. The technician |
2 | | performing the calibration and testing of the automated |
3 | | speed enforcement equipment shall be trained and certified |
4 | | in the use of equipment for speed enforcement purposes. |
5 | | Training on the speed enforcement equipment may be |
6 | | conducted by law enforcement, civilian, or manufacturer's |
7 | | personnel and if applicable may be equivalent to the |
8 | | equipment use and operations training included in the Speed |
9 | | Measuring Device Operator Program developed by the |
10 | | National Highway Traffic Safety Administration (NHTSA). |
11 | | The vendor or technician who performs the work shall keep |
12 | | accurate records on each piece of equipment the technician |
13 | | calibrates and tests. As used in this paragraph, " fully |
14 | | trained fully-trained reviewing technician" means a person |
15 | | who has received at least 40 hours of supervised training |
16 | | in subjects which shall include image inspection and |
17 | | interpretation, the elements necessary to prove a |
18 | | violation, license plate identification, and traffic |
19 | | safety and management. In all municipalities and counties, |
20 | | the automated speed enforcement system or automated |
21 | | traffic law ordinance shall require that no additional fee |
22 | | shall be charged to the alleged violator for exercising his |
23 | | or her right to an administrative hearing, and persons |
24 | | shall be given at least 25 days following an administrative |
25 | | hearing to pay any civil penalty imposed by a finding that |
26 | | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a |
|
| | HB3653 Enrolled | - 198 - | LRB101 05541 RLC 50557 b |
|
|
1 | | similar local ordinance has been violated. The original or |
2 | | a
facsimile of the violation notice or, in the case of a |
3 | | notice produced by a
computerized device, a printed record |
4 | | generated by the device showing the facts
entered on the |
5 | | notice, shall be retained by the
traffic compliance
|
6 | | administrator, and shall be a record kept in the ordinary |
7 | | course of
business. A parking, standing, compliance, |
8 | | automated speed enforcement system, or automated traffic |
9 | | law violation notice issued,
signed , and served in
|
10 | | accordance with this Section, a copy of the notice, or the |
11 | | computer-generated computer
generated record shall be |
12 | | prima facie
correct and shall be prima facie evidence of |
13 | | the correctness of the facts
shown on the notice. The |
14 | | notice, copy, or computer-generated computer generated
|
15 | | record shall be admissible in any
subsequent |
16 | | administrative or legal proceedings.
|
17 | | (4) An opportunity for a hearing for the registered |
18 | | owner of the
vehicle cited in the parking, standing, |
19 | | compliance, automated speed enforcement system, or |
20 | | automated traffic law violation notice in
which the owner |
21 | | may
contest the merits of the alleged violation, and during |
22 | | which formal or
technical rules of evidence shall not |
23 | | apply; provided, however, that under
Section 11-1306 of |
24 | | this Code the lessee of a vehicle cited in the
violation |
25 | | notice likewise shall be provided an opportunity for a |
26 | | hearing of
the same kind afforded the registered owner. The |
|
| | HB3653 Enrolled | - 199 - | LRB101 05541 RLC 50557 b |
|
|
1 | | hearings shall be
recorded, and the person conducting the |
2 | | hearing on behalf of the traffic
compliance
administrator |
3 | | shall be empowered to administer oaths and to secure by
|
4 | | subpoena both the attendance and testimony of witnesses and |
5 | | the production
of relevant books and papers. Persons |
6 | | appearing at a hearing under this
Section may be |
7 | | represented by counsel at their expense. The ordinance may
|
8 | | also provide for internal administrative review following |
9 | | the decision of
the hearing officer.
|
10 | | (5) Service of additional notices, sent by first class |
11 | | United States
mail, postage prepaid, to the address of the |
12 | | registered owner of the cited
vehicle as recorded with the |
13 | | Secretary of State or, if any notice to that address is |
14 | | returned as undeliverable, to the last known address |
15 | | recorded in a United States Post Office approved database,
|
16 | | or, under Section 11-1306
or subsection (p) of Section |
17 | | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 |
18 | | of this Code, to the lessee of the cited vehicle at the |
19 | | last address known
to the lessor of the cited vehicle at |
20 | | the time of lease or, if any notice to that address is |
21 | | returned as undeliverable, to the last known address |
22 | | recorded in a United States Post Office approved database.
|
23 | | The service shall
be deemed complete as of the date of |
24 | | deposit in the United States mail.
The notices shall be in |
25 | | the following sequence and shall include , but not be
|
26 | | limited to , the information specified herein:
|
|
| | HB3653 Enrolled | - 200 - | LRB101 05541 RLC 50557 b |
|
|
1 | | (i) A second notice of parking, standing, or |
2 | | compliance violation if the first notice of the |
3 | | violation was issued by affixing the original or a |
4 | | facsimile of the notice to the unlawfully parked |
5 | | vehicle or by handing the notice to the operator. This |
6 | | notice shall specify or include the
date and location |
7 | | of the violation cited in the parking,
standing,
or |
8 | | compliance violation
notice, the particular regulation |
9 | | violated, the vehicle
make or a photograph of the |
10 | | vehicle, the state registration number of the vehicle, |
11 | | any requirement to complete a traffic education |
12 | | program, the fine and any penalty that may be
assessed |
13 | | for late payment or failure to complete a traffic |
14 | | education program, or both, when so provided by |
15 | | ordinance, the availability
of a hearing in which the |
16 | | violation may be contested on its merits, and the
time |
17 | | and manner in which the hearing may be had. The notice |
18 | | of violation
shall also state that failure to complete |
19 | | a required traffic education program, to pay the |
20 | | indicated fine and any
applicable penalty, or to appear |
21 | | at a hearing on the merits in the time and
manner |
22 | | specified, will result in a final determination of |
23 | | violation
liability for the cited violation in the |
24 | | amount of the fine or penalty
indicated, and that, upon |
25 | | the occurrence of a final determination of violation |
26 | | liability for the failure, and the exhaustion of, or
|
|
| | HB3653 Enrolled | - 201 - | LRB101 05541 RLC 50557 b |
|
|
1 | | failure to exhaust, available administrative or |
2 | | judicial procedures for
review, any incomplete traffic |
3 | | education program or any unpaid fine or penalty, or |
4 | | both, will constitute a debt due and owing
the |
5 | | municipality or county.
|
6 | | (ii) A notice of final determination of parking, |
7 | | standing,
compliance, automated speed enforcement |
8 | | system, or automated traffic law violation liability.
|
9 | | This notice shall be sent following a final |
10 | | determination of parking,
standing, compliance, |
11 | | automated speed enforcement system, or automated |
12 | | traffic law
violation liability and the conclusion of |
13 | | judicial review procedures taken
under this Section. |
14 | | The notice shall state that the incomplete traffic |
15 | | education program or the unpaid fine or
penalty, or |
16 | | both, is a debt due and owing the municipality or |
17 | | county. The notice shall contain
warnings that failure |
18 | | to complete any required traffic education program or |
19 | | to pay any fine or penalty due and owing the
|
20 | | municipality or county, or both, within the time |
21 | | specified may result in the municipality's
or county's |
22 | | filing of a petition in the Circuit Court to have the |
23 | | incomplete traffic education program or unpaid
fine or |
24 | | penalty, or both, rendered a judgment as provided by |
25 | | this Section, or, where applicable, may
result in |
26 | | suspension of the person's driver's drivers license |
|
| | HB3653 Enrolled | - 202 - | LRB101 05541 RLC 50557 b |
|
|
1 | | for failure to complete a traffic education program or |
2 | | to pay
fines or penalties, or both, for 5 or more |
3 | | automated traffic law violations under Section |
4 | | 11-208.6 or 11-208.9 or automated speed enforcement |
5 | | system violations under Section 11-208.8 .
|
6 | | (6) A notice of impending driver's drivers license |
7 | | suspension. This
notice shall be sent to the person liable |
8 | | for failure to complete a required traffic education |
9 | | program or to pay any fine or penalty that
remains due and |
10 | | owing, or both, on 5 or more unpaid automated speed |
11 | | enforcement system or automated traffic law violations . |
12 | | The notice
shall state that failure to complete a required |
13 | | traffic education program or to pay the fine or penalty |
14 | | owing, or both, within 45 days of
the notice's date will |
15 | | result in the municipality or county notifying the |
16 | | Secretary
of State that the person is eligible for |
17 | | initiation of suspension
proceedings under Section 6-306.5 |
18 | | of this Code. The notice shall also state
that the person |
19 | | may obtain a photostatic copy of an original ticket |
20 | | imposing a
fine or penalty by sending a self-addressed self |
21 | | addressed , stamped envelope to the
municipality or county |
22 | | along with a request for the photostatic copy.
The notice |
23 | | of impending driver's
drivers license suspension shall be |
24 | | sent by first class United States mail,
postage prepaid, to |
25 | | the address recorded with the Secretary of State or, if any |
26 | | notice to that address is returned as undeliverable, to the |
|
| | HB3653 Enrolled | - 203 - | LRB101 05541 RLC 50557 b |
|
|
1 | | last known address recorded in a United States Post Office |
2 | | approved database.
|
3 | | (7) Final determinations of violation liability. A |
4 | | final
determination of violation liability shall occur |
5 | | following failure to complete the required traffic |
6 | | education program or
to pay the fine or penalty, or both, |
7 | | after a hearing officer's determination of violation |
8 | | liability and the exhaustion of or failure to exhaust any
|
9 | | administrative review procedures provided by ordinance. |
10 | | Where a person
fails to appear at a hearing to contest the |
11 | | alleged violation in the time
and manner specified in a |
12 | | prior mailed notice, the hearing officer's
determination |
13 | | of violation liability shall become final: (A) upon
denial |
14 | | of a timely petition to set aside that determination, or |
15 | | (B) upon
expiration of the period for filing the petition |
16 | | without a
filing having been made.
|
17 | | (8) A petition to set aside a determination of parking, |
18 | | standing,
compliance, automated speed enforcement system, |
19 | | or automated traffic law violation
liability that may be |
20 | | filed by a person owing an unpaid fine or penalty. A |
21 | | petition to set aside a determination of liability may also |
22 | | be filed by a person required to complete a traffic |
23 | | education program.
The petition shall be filed with and |
24 | | ruled upon by the traffic compliance
administrator in the |
25 | | manner and within the time specified by ordinance.
The |
26 | | grounds for the petition may be limited to: (A) the person |
|
| | HB3653 Enrolled | - 204 - | LRB101 05541 RLC 50557 b |
|
|
1 | | not having
been the owner or lessee of the cited vehicle on |
2 | | the date the
violation notice was issued, (B) the person |
3 | | having already completed the required traffic education |
4 | | program or paid the fine or
penalty, or both, for the |
5 | | violation in question, and (C) excusable failure to
appear |
6 | | at or
request a new date for a hearing.
With regard to |
7 | | municipalities or counties with a population of 1 million |
8 | | or more, it
shall be grounds for
dismissal of a
parking |
9 | | violation if the state registration number or vehicle make, |
10 | | only if specified in the violation notice, is
incorrect. |
11 | | After the determination of
parking, standing, compliance, |
12 | | automated speed enforcement system, or automated traffic |
13 | | law violation liability has been set aside
upon a showing |
14 | | of just
cause, the registered owner shall be provided with |
15 | | a hearing on the merits
for that violation.
|
16 | | (9) Procedures for non-residents. Procedures by which |
17 | | persons who are
not residents of the municipality or county |
18 | | may contest the merits of the alleged
violation without |
19 | | attending a hearing.
|
20 | | (10) A schedule of civil fines for violations of |
21 | | vehicular standing,
parking, compliance, automated speed |
22 | | enforcement system, or automated traffic law regulations |
23 | | enacted by ordinance pursuant to this
Section, and a
|
24 | | schedule of penalties for late payment of the fines or |
25 | | failure to complete required traffic education programs, |
26 | | provided, however,
that the total amount of the fine and |
|
| | HB3653 Enrolled | - 205 - | LRB101 05541 RLC 50557 b |
|
|
1 | | penalty for any one violation shall
not exceed $250, except |
2 | | as provided in subsection (c) of Section 11-1301.3 of this |
3 | | Code.
|
4 | | (11) Other provisions as are necessary and proper to |
5 | | carry into
effect the powers granted and purposes stated in |
6 | | this Section.
|
7 | | (c) Any municipality or county establishing vehicular |
8 | | standing, parking,
compliance, automated speed enforcement |
9 | | system, or automated traffic law
regulations under this Section |
10 | | may also provide by ordinance for a
program of vehicle |
11 | | immobilization for the purpose of facilitating
enforcement of |
12 | | those regulations. The program of vehicle
immobilization shall |
13 | | provide for immobilizing any eligible vehicle upon the
public |
14 | | way by presence of a restraint in a manner to prevent operation |
15 | | of
the vehicle. Any ordinance establishing a program of vehicle
|
16 | | immobilization under this Section shall provide:
|
17 | | (1) Criteria for the designation of vehicles eligible |
18 | | for
immobilization. A vehicle shall be eligible for |
19 | | immobilization when the
registered owner of the vehicle has |
20 | | accumulated the number of incomplete traffic education |
21 | | programs or unpaid final
determinations of parking, |
22 | | standing, compliance, automated speed enforcement system, |
23 | | or automated traffic law violation liability, or both, as
|
24 | | determined by ordinance.
|
25 | | (2) A notice of impending vehicle immobilization and a |
26 | | right to a
hearing to challenge the validity of the notice |
|
| | HB3653 Enrolled | - 206 - | LRB101 05541 RLC 50557 b |
|
|
1 | | by disproving liability
for the incomplete traffic |
2 | | education programs or unpaid final determinations of |
3 | | parking, standing, compliance, automated speed enforcement |
4 | | system, or automated traffic law
violation liability, or |
5 | | both, listed
on the notice.
|
6 | | (3) The right to a prompt hearing after a vehicle has |
7 | | been immobilized
or subsequently towed without the |
8 | | completion of the required traffic education program or |
9 | | payment of the outstanding fines and
penalties on parking, |
10 | | standing, compliance, automated speed enforcement system, |
11 | | or automated traffic law violations, or both, for which |
12 | | final
determinations have been
issued. An order issued |
13 | | after the hearing is a final administrative
decision within |
14 | | the meaning of Section 3-101 of the Code of Civil |
15 | | Procedure.
|
16 | | (4) A post immobilization and post-towing notice |
17 | | advising the registered
owner of the vehicle of the right |
18 | | to a hearing to challenge the validity
of the impoundment.
|
19 | | (d) Judicial review of final determinations of parking, |
20 | | standing,
compliance, automated speed enforcement system, or |
21 | | automated traffic law
violations and final administrative |
22 | | decisions issued after hearings
regarding vehicle |
23 | | immobilization and impoundment made
under this Section shall be |
24 | | subject to the provisions of
the Administrative Review Law.
|
25 | | (e) Any fine, penalty, incomplete traffic education |
26 | | program, or part of any fine or any penalty remaining
unpaid |
|
| | HB3653 Enrolled | - 207 - | LRB101 05541 RLC 50557 b |
|
|
1 | | after the exhaustion of, or the failure to exhaust, |
2 | | administrative
remedies created under this Section and the |
3 | | conclusion of any judicial
review procedures shall be a debt |
4 | | due and owing the municipality or county and, as
such, may be |
5 | | collected in accordance with applicable law. Completion of any |
6 | | required traffic education program and payment in full
of any |
7 | | fine or penalty resulting from a standing, parking,
compliance, |
8 | | automated speed enforcement system, or automated traffic law |
9 | | violation shall
constitute a final disposition of that |
10 | | violation.
|
11 | | (f) After the expiration of the period within which |
12 | | judicial review may
be sought for a final determination of |
13 | | parking, standing, compliance, automated speed enforcement |
14 | | system, or automated traffic law
violation, the municipality
or |
15 | | county may commence a proceeding in the Circuit Court for |
16 | | purposes of obtaining a
judgment on the final determination of |
17 | | violation. Nothing in this
Section shall prevent a municipality |
18 | | or county from consolidating multiple final
determinations of |
19 | | parking, standing, compliance, automated speed enforcement |
20 | | system, or automated traffic law violations against a
person in |
21 | | a proceeding.
Upon commencement of the action, the municipality |
22 | | or county shall file a certified
copy or record of the final |
23 | | determination of parking, standing, compliance, automated |
24 | | speed enforcement system, or automated traffic law
violation, |
25 | | which shall be
accompanied by a certification that recites |
26 | | facts sufficient to show that
the final determination of |
|
| | HB3653 Enrolled | - 208 - | LRB101 05541 RLC 50557 b |
|
|
1 | | violation was
issued in accordance with this Section and the |
2 | | applicable municipal
or county ordinance. Service of the |
3 | | summons and a copy of the petition may be by
any method |
4 | | provided by Section 2-203 of the Code of Civil Procedure or by
|
5 | | certified mail, return receipt requested, provided that the |
6 | | total amount of
fines and penalties for final determinations of |
7 | | parking, standing,
compliance, automated speed enforcement |
8 | | system, or automated traffic law violations does not
exceed |
9 | | $2500. If the court is satisfied that the final determination |
10 | | of
parking, standing, compliance, automated speed enforcement |
11 | | system, or automated traffic law violation was entered in |
12 | | accordance with
the requirements of
this Section and the |
13 | | applicable municipal or county ordinance, and that the |
14 | | registered
owner or the lessee, as the case may be, had an |
15 | | opportunity for an
administrative hearing and for judicial |
16 | | review as provided in this Section,
the court shall render |
17 | | judgment in favor of the municipality or county and against
the |
18 | | registered owner or the lessee for the amount indicated in the |
19 | | final
determination of parking, standing, compliance, |
20 | | automated speed enforcement system, or automated traffic law |
21 | | violation, plus costs.
The judgment shall have
the same effect |
22 | | and may be enforced in the same manner as other judgments
for |
23 | | the recovery of money.
|
24 | | (g) The fee for participating in a traffic education |
25 | | program under this Section shall not exceed $25. |
26 | | A low-income individual required to complete a traffic |
|
| | HB3653 Enrolled | - 209 - | LRB101 05541 RLC 50557 b |
|
|
1 | | education program under this Section who provides proof of |
2 | | eligibility for the federal earned income tax credit under |
3 | | Section 32 of the Internal Revenue Code or the Illinois earned |
4 | | income tax credit under Section 212 of the Illinois Income Tax |
5 | | Act shall not be required to pay any fee for participating in a |
6 | | required traffic education program. |
7 | | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; |
8 | | revised 12-21-20.)
|
9 | | (625 ILCS 5/11-208.6)
|
10 | | Sec. 11-208.6. Automated traffic law enforcement system.
|
11 | | (a) As used in this Section, "automated traffic law |
12 | | enforcement
system" means a device with one or more motor |
13 | | vehicle sensors working
in conjunction with a red light signal |
14 | | to produce recorded images of
motor vehicles entering an |
15 | | intersection against a red signal
indication in violation of |
16 | | Section 11-306 of this Code or a similar provision
of a local |
17 | | ordinance.
|
18 | | An
automated traffic law enforcement system is a system, in |
19 | | a municipality or
county operated by a
governmental agency, |
20 | | that
produces a recorded image of a motor vehicle's
violation |
21 | | of a provision of this Code or a local ordinance
and is |
22 | | designed to obtain a clear recorded image of the
vehicle and |
23 | | the vehicle's license plate. The recorded image must also
|
24 | | display the time, date, and location of the violation.
|
25 | | (b) As used in this Section, "recorded images" means images
|
|
| | HB3653 Enrolled | - 210 - | LRB101 05541 RLC 50557 b |
|
|
1 | | recorded by an automated traffic law enforcement system on:
|
2 | | (1) 2 or more photographs;
|
3 | | (2) 2 or more microphotographs;
|
4 | | (3) 2 or more electronic images; or
|
5 | | (4) a video recording showing the motor vehicle and, on |
6 | | at
least one image or portion of the recording, clearly |
7 | | identifying the
registration plate or digital registration |
8 | | plate number of the motor vehicle.
|
9 | | (b-5) A municipality or
county that
produces a recorded |
10 | | image of a motor vehicle's
violation of a provision of this |
11 | | Code or a local ordinance must make the recorded images of a |
12 | | violation accessible to the alleged violator by providing the |
13 | | alleged violator with a website address, accessible through the |
14 | | Internet. |
15 | | (c) Except as provided under Section 11-208.8 of this Code, |
16 | | a county or municipality, including a home rule county or |
17 | | municipality, may not use an automated traffic law enforcement |
18 | | system to provide recorded images of a motor vehicle for the |
19 | | purpose of recording its speed. Except as provided under |
20 | | Section 11-208.8 of this Code, the regulation of the use of |
21 | | automated traffic law enforcement systems to record vehicle |
22 | | speeds is an exclusive power and function of the State. This |
23 | | subsection (c) is a denial and limitation of home rule powers |
24 | | and functions under subsection (h) of Section 6 of Article VII |
25 | | of the Illinois Constitution.
|
26 | | (c-5) A county or municipality, including a home rule |
|
| | HB3653 Enrolled | - 211 - | LRB101 05541 RLC 50557 b |
|
|
1 | | county or municipality, may not use an automated traffic law |
2 | | enforcement system to issue violations in instances where the |
3 | | motor vehicle comes to a complete stop and does not enter the |
4 | | intersection, as defined by Section 1-132 of this Code, during |
5 | | the cycle of the red signal indication unless one or more |
6 | | pedestrians or bicyclists are present, even if the motor |
7 | | vehicle stops at a point past a stop line or crosswalk where a |
8 | | driver is required to stop, as specified in subsection (c) of |
9 | | Section 11-306 of this Code or a similar provision of a local |
10 | | ordinance. |
11 | | (c-6) A county, or a municipality with less than 2,000,000 |
12 | | inhabitants, including a home rule county or municipality, may |
13 | | not use an automated traffic law enforcement system to issue |
14 | | violations in instances where a motorcyclist enters an |
15 | | intersection against a red signal
indication when the red |
16 | | signal fails to change to a green signal within a reasonable |
17 | | period of time not less than 120 seconds because of a signal |
18 | | malfunction or because the signal has failed to detect the |
19 | | arrival of the motorcycle due to the motorcycle's size or |
20 | | weight. |
21 | | (d) For each violation of a provision of this Code or a |
22 | | local ordinance
recorded by an automatic
traffic law |
23 | | enforcement system, the county or municipality having
|
24 | | jurisdiction shall issue a written notice of the
violation to |
25 | | the registered owner of the vehicle as the alleged
violator. |
26 | | The notice shall be delivered to the registered
owner of the |
|
| | HB3653 Enrolled | - 212 - | LRB101 05541 RLC 50557 b |
|
|
1 | | vehicle, by mail, within 30 days after the Secretary of State |
2 | | notifies the municipality or county of the identity of the |
3 | | owner of the vehicle, but in no event later than 90 days after |
4 | | the violation.
|
5 | | The notice shall include:
|
6 | | (1) the name and address of the registered owner of the
|
7 | | vehicle;
|
8 | | (2) the registration number of the motor vehicle
|
9 | | involved in the violation;
|
10 | | (3) the violation charged;
|
11 | | (4) the location where the violation occurred;
|
12 | | (5) the date and time of the violation;
|
13 | | (6) a copy of the recorded images;
|
14 | | (7) the amount of the civil penalty imposed and the |
15 | | requirements of any traffic education program imposed and |
16 | | the date
by which the civil penalty should be paid and the |
17 | | traffic education program should be completed;
|
18 | | (8) a statement that recorded images are evidence of a
|
19 | | violation of a red lig |