HB3653 EnrolledLRB101 05541 RLC 50557 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.
5
Statewide Use of Force Standardization

 
6    Section 1-1. Short title. This Article may be cited as the
7Statewide Use of Force Standardization Act. References in this
8Article to "this Act" mean this Article.
 
9    Section 1-5. Statement of purpose. It is the intent of the
10General Assembly to establish statewide use of force standards
11for law enforcement agencies effective January 1, 2022.
 
12
Article 2.
13
No Representation Without Population Act

 
14    Section 2-1. Short title. This Act may be cited as the No
15Representation Without Population Act. References in this
16Article to "this Act" mean this Article.
 
17    Section 2-3. Definition. As used in this Act, "Department"
18means the Department of Corrections.
 

 

 

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1    Section 2-5. Electronic records. The Department shall
2collect and maintain an electronic record of the legal
3residence, outside of any correctional facility, and other
4demographic data for each person in custody or entering custody
5on or after the effective date of this Act. At a minimum, this
6record shall contain the person's last known complete street
7address prior to incarceration, the person's race, whether the
8person is of Hispanic or Latino origin, and whether the person
9is 18 years of age or older. To the degree possible, the
10Department shall also allow the legal residence to be updated
11as appropriate.
 
12    Section 2-10. Reports to the State Board of Elections.
13    (a) Within 30 days after the effective date of this Act,
14and thereafter, on or before May 1 of each year where the
15federal decennial census is taken but in which the United
16States Bureau of the Census allocates incarcerated persons as
17residents of correctional facilities, the Department shall
18deliver to the State Board of Elections the following
19information:
20        (1) A unique identifier, not including the name or
21    Department-assigned inmate number, for each incarcerated
22    person subject to the jurisdiction of the Department on the
23    date for which the decennial census reports population. The
24    unique identifier shall enable the State Board of Elections
25    to address inquiries about specific address records to the

 

 

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1    Department, without making it possible for anyone outside
2    of the Department to identify the inmate to whom the
3    address record pertains.
4        (2) The street address of the correctional facility
5    where the person was incarcerated at the time of the
6    report.
7        (3) The last known address of the person prior to
8    incarceration or other legal residence, if known.
9        (4) The person's race, whether the person is of
10    Hispanic or Latino origin, and whether the person is age 18
11    or older, if known.
12        (5) Any additional information as the State Board of
13    Elections may request pursuant to law.
14    (b) The Department shall provide the information specified
15in subsection (a) in the form that the State Board of Elections
16shall specify.
17    (c) Notwithstanding any other provision of law, the
18information required to be provided to the State Board of
19Elections pursuant to this Section shall not include the name
20of any incarcerated person and shall not allow for the
21identification of any person therefrom, except to the
22Department. The information shall be treated as confidential
23and shall not be disclosed by the State Board of Elections
24except as redistricting data aggregated by census block for
25purposes specified in Section 2-20.
 

 

 

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1    Section 2-15. Federal facilities. The State Board of
2Elections shall request each agency that operates a federal
3facility in this State that incarcerates persons convicted of a
4criminal offense to provide the State Board of Elections with a
5report that includes the information listed in subsection (a)
6of Section 2-10.
 
7    Section 2-20. State Board of Elections; redistricting
8data. The State Board of Elections shall prepare redistricting
9population data to reflect incarcerated persons at their
10residential address, pursuant to Section 2-25. The data
11prepared by the State Board of Elections shall be the basis of
12the Legislative and Representative Districts required to be
13created pursuant to Section 3 of Article IV of the Illinois
14Constitution of 1970. Incarcerated populations residing at
15unknown geographic locations within the State, as determined
16under paragraph (2) of subsection (c) of Section 2-25, shall
17not be used to determine the ideal population of any set of
18districts, wards, or precincts.
 
19    Section 2-25. Determinations and data publication by the
20State Board of Elections.
21    (a) For each person included in a report received under
22Sections 2-10 and 2-15, the State Board of Elections shall
23determine the geographic units for which population counts are
24reported in the federal decennial census that contain the

 

 

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1facility of incarceration and the legal residence as listed
2according to the report.
3    (b) For each person included in a report received under
4Sections 2-10 and 2-15, if the legal residence is known and in
5this 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
15Sections 2-10 and 2-15 for whom a legal residence is unknown or
16not in this State and for all persons reported in the census as
17residing in a federal correctional facility for whom a report
18was not provided, the State Board of Elections shall:
19        (1) ensure that the person is not represented in any
20    population counts reported by the State Board of Elections
21    for the geographic units that include the facility where
22    the person was incarcerated; and
23        (2) allocate the person to a State unit not tied to a
24    specific determined geographic location, as other State
25    residents with unknown State addresses are allocated.
26    (d) The data prepared by the State Board of Elections

 

 

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1pursuant to this Section shall be completed and published no
2later than 30 days after the date that federal decennial census
3data required to be published by Public Law 94-171 is published
4for the State of Illinois.
 
5    Section 2-30. Data; Legislative and Representative
6Districts. The data prepared by the State Board of Elections in
7Section 2-25 shall be used only as the basis for determining
8Legislative and Representative Districts. Residences at
9unknown geographic locations within the State under subsection
10(c) of Section 2-25 shall not be used to determine the ideal
11population of any set of districts, wards, or precincts. The
12data prepared by the State Board of Elections in Section 2-25
13shall not be used in the distribution of any State or federal
14aid.
 
15
Article 3.
16
Deaths in Custody

 
17    Section 3-1. Short title. This Article may be cited as the
18Reporting of Deaths in Custody Act. References in this Article
19to "this Act" mean this Article.
 
20    Section 3-5. Report of deaths of persons in custody in
21correctional institutions.
22    (a) In this Act, "law enforcement agency" includes each law

 

 

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1enforcement entity within this State having the authority to
2arrest and detain persons suspected of, or charged with,
3committing a criminal offense, and each law enforcement entity
4that operates a lock up, jail, prison, or any other facility
5used 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

 

 

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1        also include the jurisdiction, the law enforcement
2        agency providing the investigation, and the local or
3        State facility where the death occurred;
4            (C) if the death occurred in the custody of the
5        Illinois Department of Corrections, the report shall
6        also include if emergency care was requested by the law
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
14correctional administrators shall make a good faith effort to
15obtain all relevant facts and circumstances relevant to the
16death and include those in the report.
17    (d) The Illinois Criminal Justice Information Authority
18shall create a standardized form to be used for the purpose of
19collecting information as described in subsection (b).
20    (e) Law enforcement agencies shall use the form described
21in 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

 

 

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1        (2) as a result of the peace officer's use of force.
2    (f) The Illinois Criminal Justice Information Authority
3may determine the manner in which the form is transmitted from
4a law enforcement agency to the Illinois Criminal Justice
5Information Authority.
6    (g) The reports shall be public records within the meaning
7of subsection (c) of Section 2 of the Freedom of Information
8Act and are open to public inspection, with the exception of
9any portion of the report that the Illinois Criminal Justice
10Information Authority determines is privileged or protected
11under Illinois or federal law.
12    (h) The Illinois Criminal Justice Information Authority
13shall make available to the public information of all
14individual reports relating to deaths in custody through the
15Illinois Criminal Justice Information Authority's website to
16be updated on a quarterly basis.
17    (i) The Illinois Criminal Justice Information Authority
18shall issue a public annual report tabulating and evaluating
19trends and information on deaths in custody, including, but not
20limited 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

 

 

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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
7Assembly and made available to the public on the Illinois
8Criminal Justice Information Authority's website the first
9week of February of each year.
10    (j) So that the State may oversee the healthcare provided
11to any person in the custody of each law enforcement agency
12within this State, provision of medical services to these
13persons, general care and treatment, and any other factors that
14may contribute to the death of any of these persons, the
15following information shall be made available to the public on
16the 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

 

 

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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
6nominated by the decedent as an emergency contact shall be
7notified as soon as possible in a suitable manner giving an
8accurate factual account of the cause of death and
9circumstances surrounding the death in custody in accordance
10with State and federal law.
11    (l) The law enforcement agency or correctional facility
12shall name a staff person to act as dedicated family liaison
13officer to be a point of contact for the family, to make and
14maintain contact with the family, to report ongoing
15developments and findings of investigations, and to provide
16information and practical support. If requested by the
17deceased's next of kin, the law enforcement agency or
18correctional facility shall arrange for a chaplain, counselor,
19or other suitable staff member to meet with the family and
20discuss any faith considerations or concerns. The family has a
21right to the medical records of a family member who has died in
22custody and these records shall be disclosed to them in
23accordance with State and federal law.
24    (m) It is unlawful for a person who is required under this
25Section to investigate a death or file a report to fail to
26include in the report facts known or discovered in the

 

 

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1investigation to the Illinois Criminal Justice Information
2Authority. A violation of this Section is a petty offense, with
3fine 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
7Task Force on Constitutional Rights and Remedies Act.
8References in this Article to "this Act" mean this Article.
 
9    Section 4-5. Task Force on Constitutional Rights and
10Remedies. The Task Force on Constitutional Rights and Remedies
11is created. The purpose of the Task Force on Constitutional
12Rights and Remedies is to develop and propose policies and
13procedures to review and reform constitutional rights and
14remedies, including qualified immunity for peace officers.
 
15    Section 4-10. Task Force Members.
16    (a) The Task Force on Constitutional Rights and Remedies
17shall be comprised of the following members:
18        (1) The president of statewide association
19    representing trial lawyers or his or her designee, the
20    executive director of a statewide association advocating
21    for the advancement of civil liberties or his or her
22    designee, a representative representing statewide labor,

 

 

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1    all appointed by the Governor.
2        (2) Four members of the public appointed, one appointed
3    by each the Speaker of the House of Representatives,
4    Minority Leader of the House of Representatives, Minority
5    Leader of the House of Representatives, President of the
6    Senate, Minority Leader of the Senate.
7        (3) The president of a statewide bar association or his
8    or her designee, the executive director of a statewide
9    association representing county sheriffs or his or her
10    designee, the executive director of a statewide
11    association representing chiefs of police, a
12    representative of the Chicago Police Department, all
13    appointed by the Governor.
14        (4) The Director of the Illinois State Police or his or
15    her designee.
16        (5) The Attorney General, or his or her designee.
17        (6) A retired judge appointed by the Governor.
18        (7) one State Representative, appointed by the Speaker
19    of the House of Representatives; one State Representative,
20    appointed by the Minority Leader of the House of
21    Representatives; one State Senator, appointed by the
22    President of the Senate; one State Senator, appointed by
23    the Minority Leader of the Senate.
24    (b) The members of the Task Force shall serve without
25compensation.
26    (c) The Illinois Criminal Justice Information Authority

 

 

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1shall provide administrative and technical support to the Task
2Force and be responsible for administering its operations,
3appointing a chairperson, and ensuring that the requirements of
4the Task Force are met. The President of the Senate and the
5Speaker of the House of Representatives shall appoint
6co-chairpersons for the Task Force. The Task Force shall have
7all appointments made within 30 days of the effective date of
8this 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
11first meeting occurring within 60 days after the effective date
12of this amendatory Act of the 101st General Assembly.
13    (b) The Task Force shall review available research, best
14practices, and effective interventions to formulate
15recommendations.
16    (c) The Task Force shall produce a report detailing the
17Task Force's findings and recommendations and needed
18resources. The Task Force shall submit a report of its findings
19and recommendations to the General Assembly and the Governor by
20May 1, 2021.
 
21    Section 4-20. Repeal. This Act is repealed on January 1,
222022.
 
23
Article 10.

 

 

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1
Amendatory Provisions

 
2    Section 10-105. The Statute on Statutes is amended by
3adding Section 1.43 as follows:
 
4    (5 ILCS 70/1.43 new)
5    Sec. 1.43. Reference to bail, bail bond, or conditions of
6bail. Whenever there is a reference in any Act to "bail", "bail
7bond", or "conditions of bail", these terms shall be construed
8as "pretrial release" or "conditions of pretrial release".
 
9    Section 10-110. The Freedom of Information Act is amended
10by 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
14maintained arrest and criminal history information maintained
15by State or local criminal justice agencies shall be furnished
16as soon as practical, but in no event later than 72 hours after
17the arrest, notwithstanding the time limits otherwise provided
18for in Section 3 of this Act: (i) information that identifies
19the individual, including the name, age, address, and
20photograph, when and if available; (ii) information detailing
21any charges relating to the arrest; (iii) the time and location
22of the arrest; (iv) the name of the investigating or arresting

 

 

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1law enforcement agency; (v) if the individual is incarcerated,
2the conditions of pretrial release amount of any bail or bond;
3and (vi) if the individual is incarcerated, the time and date
4that the individual was received into, discharged from, or
5transferred from the arresting agency's custody.
6    (b) Criminal history records. The following documents
7maintained by a public body pertaining to criminal history
8record information are public records subject to inspection and
9copying by the public pursuant to this Act: (i) court records
10that are public; (ii) records that are otherwise available
11under State or local law; and (iii) records in which the
12requesting party is the individual identified, except as
13provided under Section 7(1)(d)(vi).
14    (c) Information described in items (iii) through (vi) of
15subsection (a) may be withheld if it is determined that
16disclosure would: (i) interfere with pending or actually and
17reasonably contemplated law enforcement proceedings conducted
18by any law enforcement agency; (ii) endanger the life or
19physical safety of law enforcement or correctional personnel or
20any other person; or (iii) compromise the security of any
21correctional facility.
22    (d) The provisions of this Section do not supersede the
23confidentiality provisions for law enforcement or arrest
24records of the Juvenile Court Act of 1987.
25    (e) Notwithstanding the requirements of subsection (a), a
26law enforcement agency may not publish booking photographs,

 

 

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1commonly known as "mugshots", on its social networking website
2in connection with civil offenses, petty offenses, business
3offenses, Class C misdemeanors, and Class B misdemeanors unless
4the booking photograph is posted to the social networking
5website to assist in the search for a missing person or to
6assist in the search for a fugitive, person of interest, or
7individual wanted in relation to a crime other than a petty
8offense, business offense, Class C misdemeanor, or Class B
9misdemeanor. As used in this subsection, "social networking
10website" has the meaning provided in Section 10 of the Right to
11Privacy 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
14changing 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
18information must be made available to the news media for
19inspection 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.

 

 

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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
10available to the news media for inspection and copying as soon
11as practicable, but in no event shall the time period exceed 72
12hours from the arrest. The information described in paragraphs
13(3), (4), (5), and (6) of subsection (a), however, may be
14withheld 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"
24means personnel of a newspaper or other periodical issued at
25regular intervals whether in print or electronic format, a news
26service whether in print or electronic format, a radio station,

 

 

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1a television station, a television network, a community antenna
2television service, or a person or corporation engaged in
3making news reels or other motion picture news for public
4showing.
5    (d) Each law enforcement or correctional agency may charge
6fees for arrest records, but in no instance may the fee exceed
7the actual cost of copying and reproduction. The fees may not
8include the cost of the labor used to reproduce the arrest
9record.
10    (e) The provisions of this Section do not supersede the
11confidentiality provisions for arrest records of the Juvenile
12Court Act of 1987.
13    (f) All information, including photographs, made available
14under this Section is subject to the provisions of Section 2QQQ
15of the Consumer Fraud and Deceptive Business Practices Act.
16    (g) Notwithstanding the requirements of subsection (a), a
17law enforcement agency may not publish booking photographs,
18commonly known as "mugshots", on its social networking website
19in connection with civil offenses, petty offenses, business
20offenses, Class C misdemeanors, and Class B misdemeanors unless
21the booking photograph is posted to the social networking
22website to assist in the search for a missing person or to
23assist in the search for a fugitive, person of interest, or
24individual wanted in relation to a crime other than a petty
25offense, business offense, Class C misdemeanor, or Class B
26misdemeanor. As used in this subsection, "social networking

 

 

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1website" has the meaning provided in Section 10 of the Right to
2Privacy 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
5amended 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
8disputes.
9    (a) In the case of collective bargaining agreements
10involving units of security employees of a public employer,
11Peace Officer Units, or units of fire fighters or paramedics,
12and in the case of disputes under Section 18, unless the
13parties mutually agree to some other time limit, mediation
14shall commence 30 days prior to the expiration date of such
15agreement or at such later time as the mediation services
16chosen under subsection (b) of Section 12 can be provided to
17the parties. In the case of negotiations for an initial
18collective bargaining agreement, mediation shall commence upon
1915 days notice from either party or at such later time as the
20mediation services chosen pursuant to subsection (b) of Section
2112 can be provided to the parties. In mediation under this
22Section, if either party requests the use of mediation services
23from the Federal Mediation and Conciliation Service, the other
24party shall either join in such request or bear the additional

 

 

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1cost of mediation services from another source. The mediator
2shall have a duty to keep the Board informed on the progress of
3the mediation. If any dispute has not been resolved within 15
4days after the first meeting of the parties and the mediator,
5or within such other time limit as may be mutually agreed upon
6by the parties, either the exclusive representative or employer
7may request of the other, in writing, arbitration, and shall
8submit a copy of the request to the Board.
9    (b) Within 10 days after such a request for arbitration has
10been made, the employer shall choose a delegate and the
11employees' exclusive representative shall choose a delegate to
12a panel of arbitration as provided in this Section. The
13employer and employees shall forthwith advise the other and the
14Board of their selections.
15    (c) Within 7 days after the request of either party, the
16parties shall request a panel of impartial arbitrators from
17which they shall select the neutral chairman according to the
18procedures provided in this Section. If the parties have agreed
19to a contract that contains a grievance resolution procedure as
20provided in Section 8, the chairman shall be selected using
21their agreed contract procedure unless they mutually agree to
22another procedure. If the parties fail to notify the Board of
23their selection of neutral chairman within 7 days after receipt
24of the list of impartial arbitrators, the Board shall appoint,
25at random, a neutral chairman from the list. In the absence of
26an agreed contract procedure for selecting an impartial

 

 

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1arbitrator, either party may request a panel from the Board.
2Within 7 days of the request of either party, the Board shall
3select from the Public Employees Labor Mediation Roster 7
4persons who are on the labor arbitration panels of either the
5American Arbitration Association or the Federal Mediation and
6Conciliation Service, or who are members of the National
7Academy of Arbitrators, as nominees for impartial arbitrator of
8the arbitration panel. The parties may select an individual on
9the list provided by the Board or any other individual mutually
10agreed upon by the parties. Within 7 days following the receipt
11of the list, the parties shall notify the Board of the person
12they have selected. Unless the parties agree on an alternate
13selection procedure, they shall alternatively strike one name
14from the list provided by the Board until only one name
15remains. A coin toss shall determine which party shall strike
16the first name. If the parties fail to notify the Board in a
17timely manner of their selection for neutral chairman, the
18Board shall appoint a neutral chairman from the Illinois Public
19Employees Mediation/Arbitration Roster.
20    (d) The chairman shall call a hearing to begin within 15
21days and give reasonable notice of the time and place of the
22hearing. The hearing shall be held at the offices of the Board
23or at such other location as the Board deems appropriate. The
24chairman shall preside over the hearing and shall take
25testimony. Any oral or documentary evidence and other data
26deemed relevant by the arbitration panel may be received in

 

 

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1evidence. The proceedings shall be informal. Technical rules of
2evidence shall not apply and the competency of the evidence
3shall not thereby be deemed impaired. A verbatim record of the
4proceedings shall be made and the arbitrator shall arrange for
5the necessary recording service. Transcripts may be ordered at
6the expense of the party ordering them, but the transcripts
7shall not be necessary for a decision by the arbitration panel.
8The expense of the proceedings, including a fee for the
9chairman, shall be borne equally by each of the parties to the
10dispute. The delegates, if public officers or employees, shall
11continue on the payroll of the public employer without loss of
12pay. The hearing conducted by the arbitration panel may be
13adjourned from time to time, but unless otherwise agreed by the
14parties, shall be concluded within 30 days of the time of its
15commencement. Majority actions and rulings shall constitute
16the actions and rulings of the arbitration panel. Arbitration
17proceedings under this Section shall not be interrupted or
18terminated by reason of any unfair labor practice charge filed
19by either party at any time.
20    (e) The arbitration panel may administer oaths, require the
21attendance of witnesses, and the production of such books,
22papers, contracts, agreements and documents as may be deemed by
23it material to a just determination of the issues in dispute,
24and for such purpose may issue subpoenas. If any person refuses
25to obey a subpoena, or refuses to be sworn or to testify, or if
26any witness, party or attorney is guilty of any contempt while

 

 

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1in attendance at any hearing, the arbitration panel may, or the
2attorney general if requested shall, invoke the aid of any
3circuit court within the jurisdiction in which the hearing is
4being held, which court shall issue an appropriate order. Any
5failure to obey the order may be punished by the court as
6contempt.
7    (f) At any time before the rendering of an award, the
8chairman of the arbitration panel, if he is of the opinion that
9it would be useful or beneficial to do so, may remand the
10dispute to the parties for further collective bargaining for a
11period not to exceed 2 weeks. If the dispute is remanded for
12further collective bargaining the time provisions of this Act
13shall be extended for a time period equal to that of the
14remand. The chairman of the panel of arbitration shall notify
15the Board of the remand.
16    (g) At or before the conclusion of the hearing held
17pursuant to subsection (d), the arbitration panel shall
18identify the economic issues in dispute, and direct each of the
19parties to submit, within such time limit as the panel shall
20prescribe, to the arbitration panel and to each other its last
21offer of settlement on each economic issue. The determination
22of the arbitration panel as to the issues in dispute and as to
23which of these issues are economic shall be conclusive. The
24arbitration panel, within 30 days after the conclusion of the
25hearing, or such further additional periods to which the
26parties may agree, shall make written findings of fact and

 

 

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1promulgate a written opinion and shall mail or otherwise
2deliver a true copy thereof to the parties and their
3representatives and to the Board. As to each economic issue,
4the arbitration panel shall adopt the last offer of settlement
5which, in the opinion of the arbitration panel, more nearly
6complies with the applicable factors prescribed in subsection
7(h). The findings, opinions and order as to all other issues
8shall be based upon the applicable factors prescribed in
9subsection (h).
10    (h) Where there is no agreement between the parties, or
11where there is an agreement but the parties have begun
12negotiations or discussions looking to a new agreement or
13amendment of the existing agreement, and wage rates or other
14conditions of employment under the proposed new or amended
15agreement are in dispute, the arbitration panel shall base its
16findings, opinions and order upon the following factors, as
17applicable:
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

 

 

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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
23shall be limited to wages, hours, and conditions of employment
24(which may include residency requirements in municipalities
25with a population under 100,000 1,000,000, but those residency
26requirements shall not allow residency outside of Illinois) and

 

 

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1shall not include the following: i) residency requirements in
2municipalities with a population of at least 100,000 1,000,000;
3ii) the type of equipment, other than uniforms, issued or used;
4iii) manning; iv) the total number of employees employed by the
5department; v) mutual aid and assistance agreements to other
6units of government; and vi) the criterion pursuant to which
7force, including deadly force, can be used; provided, nothing
8herein shall preclude an arbitration decision regarding
9equipment or manning levels if such decision is based on a
10finding that the equipment or manning considerations in a
11specific work assignment involve a serious risk to the safety
12of a peace officer beyond that which is inherent in the normal
13performance of police duties. Limitation of the terms of the
14arbitration decision pursuant to this subsection shall not be
15construed to limit the factors upon which the decision may be
16based, as set forth in subsection (h).
17    In the case of fire fighter, and fire department or fire
18district paramedic matters, the arbitration decision shall be
19limited to wages, hours, and conditions of employment
20(including manning and also including residency requirements
21in municipalities with a population under 1,000,000, but those
22residency requirements shall not allow residency outside of
23Illinois) and shall not include the following matters: i)
24residency requirements in municipalities with a population of
25at least 1,000,000; ii) the type of equipment (other than
26uniforms and fire fighter turnout gear) issued or used; iii)

 

 

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1the total number of employees employed by the department; iv)
2mutual aid and assistance agreements to other units of
3government; and v) the criterion pursuant to which force,
4including deadly force, can be used; provided, however, nothing
5herein shall preclude an arbitration decision regarding
6equipment levels if such decision is based on a finding that
7the equipment considerations in a specific work assignment
8involve a serious risk to the safety of a fire fighter beyond
9that which is inherent in the normal performance of fire
10fighter duties. Limitation of the terms of the arbitration
11decision pursuant to this subsection shall not be construed to
12limit the facts upon which the decision may be based, as set
13forth in subsection (h).
14    The changes to this subsection (i) made by Public Act
1590-385 (relating to residency requirements) do not apply to
16persons who are employed by a combined department that performs
17both police and firefighting services; these persons shall be
18governed by the provisions of this subsection (i) relating to
19peace officers, as they existed before the amendment by Public
20Act 90-385.
21    To preserve historical bargaining rights, this subsection
22shall not apply to any provision of a fire fighter collective
23bargaining agreement in effect and applicable on the effective
24date of this Act; provided, however, nothing herein shall
25preclude arbitration with respect to any such provision.
26    (j) Arbitration procedures shall be deemed to be initiated

 

 

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1by the filing of a letter requesting mediation as required
2under subsection (a) of this Section. The commencement of a new
3municipal fiscal year after the initiation of arbitration
4procedures under this Act, but before the arbitration decision,
5or its enforcement, shall not be deemed to render a dispute
6moot, or to otherwise impair the jurisdiction or authority of
7the arbitration panel or its decision. Increases in rates of
8compensation awarded by the arbitration panel may be effective
9only at the start of the fiscal year next commencing after the
10date of the arbitration award. If a new fiscal year has
11commenced either since the initiation of arbitration
12procedures under this Act or since any mutually agreed
13extension of the statutorily required period of mediation under
14this Act by the parties to the labor dispute causing a delay in
15the initiation of arbitration, the foregoing limitations shall
16be inapplicable, and such awarded increases may be retroactive
17to the commencement of the fiscal year, any other statute or
18charter provisions to the contrary, notwithstanding. At any
19time the parties, by stipulation, may amend or modify an award
20of arbitration.
21    (k) Orders of the arbitration panel shall be reviewable,
22upon appropriate petition by either the public employer or the
23exclusive bargaining representative, by the circuit court for
24the county in which the dispute arose or in which a majority of
25the affected employees reside, but only for reasons that the
26arbitration panel was without or exceeded its statutory

 

 

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1authority; the order is arbitrary, or capricious; or the order
2was procured by fraud, collusion or other similar and unlawful
3means. Such petitions for review must be filed with the
4appropriate circuit court within 90 days following the issuance
5of the arbitration order. The pendency of such proceeding for
6review shall not automatically stay the order of the
7arbitration panel. The party against whom the final decision of
8any such court shall be adverse, if such court finds such
9appeal or petition to be frivolous, shall pay reasonable
10attorneys' fees and costs to the successful party as determined
11by said court in its discretion. If said court's decision
12affirms the award of money, such award, if retroactive, shall
13bear interest at the rate of 12 percent per annum from the
14effective retroactive date.
15    (l) During the pendency of proceedings before the
16arbitration panel, existing wages, hours, and other conditions
17of employment shall not be changed by action of either party
18without the consent of the other but a party may so consent
19without prejudice to his rights or position under this Act. The
20proceedings are deemed to be pending before the arbitration
21panel upon the initiation of arbitration procedures under this
22Act.
23    (m) Security officers of public employers, and Peace
24Officers, Fire Fighters and fire department and fire protection
25district paramedics, covered by this Section may not withhold
26services, nor may public employers lock out or prevent such

 

 

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1employees from performing services at any time.
2    (n) All of the terms decided upon by the arbitration panel
3shall be included in an agreement to be submitted to the public
4employer's governing body for ratification and adoption by law,
5ordinance or the equivalent appropriate means.
6    The governing body shall review each term decided by the
7arbitration panel. If the governing body fails to reject one or
8more terms of the arbitration panel's decision by a 3/5 vote of
9those duly elected and qualified members of the governing body,
10within 20 days of issuance, or in the case of firefighters
11employed by a state university, at the next regularly scheduled
12meeting of the governing body after issuance, such term or
13terms shall become a part of the collective bargaining
14agreement of the parties. If the governing body affirmatively
15rejects one or more terms of the arbitration panel's decision,
16it must provide reasons for such rejection with respect to each
17term so rejected, within 20 days of such rejection and the
18parties shall return to the arbitration panel for further
19proceedings and issuance of a supplemental decision with
20respect to the rejected terms. Any supplemental decision by an
21arbitration panel or other decision maker agreed to by the
22parties shall be submitted to the governing body for
23ratification and adoption in accordance with the procedures and
24voting requirements set forth in this Section. The voting
25requirements of this subsection shall apply to all disputes
26submitted to arbitration pursuant to this Section

 

 

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1notwithstanding any contrary voting requirements contained in
2any existing collective bargaining agreement between the
3parties.
4    (o) If the governing body of the employer votes to reject
5the panel's decision, the parties shall return to the panel
6within 30 days from the issuance of the reasons for rejection
7for further proceedings and issuance of a supplemental
8decision. All reasonable costs of such supplemental proceeding
9including the exclusive representative's reasonable attorney's
10fees, as established by the Board, shall be paid by the
11employer.
12    (p) Notwithstanding the provisions of this Section the
13employer and exclusive representative may agree to submit
14unresolved disputes concerning wages, hours, terms and
15conditions of employment to an alternative form of impasse
16resolution.
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
19Partnership for Deflection and Substance Use Disorder
20Treatment Act is amended by changing Sections 1, 5, 10, 15, 20,
2130, 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
24Community-Law Enforcement and Other First Responder

 

 

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1Partnership for Deflection and Substance Use Disorder
2Treatment 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
6that opioid use disorders, overdoses, and deaths in Illinois
7are persistent and growing concerns for Illinois communities.
8These concerns compound existing challenges to adequately
9address and manage substance use and mental health disorders.
10Law enforcement officers, other first responders, and
11co-responders have a unique opportunity to facilitate
12connections to community-based behavioral health interventions
13that provide substance use treatment and can help save and
14restore lives; help reduce drug use, overdose incidence,
15criminal offending, and recidivism; and help prevent arrest and
16conviction records that destabilize health, families, and
17opportunities for community citizenship and self-sufficiency.
18These efforts are bolstered when pursued in partnership with
19licensed behavioral health treatment providers and community
20members or organizations. It is the intent of the General
21Assembly to authorize law enforcement and other first
22responders to develop and implement collaborative deflection
23programs in Illinois that offer immediate pathways to substance
24use treatment and other services as an alternative to
25traditional case processing and involvement in the criminal

 

 

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1justice system, and to unnecessary admission to emergency
2departments.
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
7persons in gaining access to needed social, educational,
8medical, substance use and mental health treatment, and other
9services.
10    "Community member or organization" means an individual
11volunteer, resident, public office, or a not-for-profit
12organization, religious institution, charitable organization,
13or other public body committed to the improvement of individual
14and family mental and physical well-being and the overall
15social welfare of the community, and may include persons with
16lived experience in recovery from substance use disorder,
17either themselves or as family members.
18    "Other first responder" means and includes emergency
19medical services providers that are public units of government,
20fire departments and districts, and officials and responders
21representing and employed by these entities.
22    "Deflection program" means a program in which a peace
23officer or member of a law enforcement agency or other first
24responder facilitates contact between an individual and a
25licensed substance use treatment provider or clinician for

 

 

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1assessment and coordination of treatment planning, including
2co-responder approaches that incorporate behavioral health,
3peer, or social work professionals with law enforcement or
4other first responders at the scene. This facilitation includes
5defined criteria for eligibility and communication protocols
6agreed to by the law enforcement agency or other first
7responder entity and the licensed treatment provider for the
8purpose of providing substance use treatment to those persons
9in lieu of arrest or further justice system involvement, or
10unnecessary admissions to the emergency department. Deflection
11programs may include, but are not limited to, the following
12types 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

 

 

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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
8department or county sheriff's office of this State, the
9Department of State Police, or other law enforcement agency
10whose officers, by statute, are granted and authorized to
11exercise powers similar to those conferred upon any peace
12officer employed by a law enforcement agency of this State.
13    "Licensed treatment provider" means an organization
14licensed by the Department of Human Services to perform an
15activity or service, or a coordinated range of those activities
16or services, as the Department of Human Services may establish
17by rule, such as the broad range of emergency, outpatient,
18intensive outpatient, and residential services and care,
19including assessment, diagnosis, case management, medical,
20psychiatric, psychological and social services,
21medication-assisted treatment, care and counseling, and
22recovery support, which may be extended to persons to assess or
23treat substance use disorder or to families of those persons.
24    "Peace officer" means any peace officer or member of any
25duly organized State, county, or municipal peace officer unit,
26any police force of another State, or any police force whose

 

 

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1members, by statute, are granted and authorized to exercise
2powers similar to those conferred upon any peace officer
3employed by a law enforcement agency of this State.
4    "Substance use disorder" means a pattern of use of alcohol
5or other drugs leading to clinical or functional impairment, in
6accordance with the definition in the Diagnostic and
7Statistical Manual of Mental Disorders (DSM-5), or in any
8subsequent editions.
9    "Treatment" means the broad range of emergency,
10outpatient, intensive outpatient, and residential services and
11care (including assessment, diagnosis, case management,
12medical, psychiatric, psychological and social services,
13medication-assisted treatment, care and counseling, and
14recovery support) which may be extended to persons who have
15substance use disorders, persons with mental illness, or
16families 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
21entity may establish a deflection program subject to the
22provisions of this Act in partnership with one or more licensed
23providers of substance use disorder treatment services and one
24or more community members or organizations. Programs
25established by another first responder entity shall also

 

 

HB3653 Enrolled- 38 -LRB101 05541 RLC 50557 b

1include a law enforcement agency.
2    (b) The deflection program may involve a post-overdose
3deflection response, a self-referral deflection response, an
4active outreach deflection response, an officer or other first
5responder prevention deflection response, or an officer
6intervention deflection response, or any combination of those.
7    (c) Nothing shall preclude the General Assembly from adding
8other responses to a deflection program, or preclude a law
9enforcement agency or other first responder entity from
10developing a deflection program response based on a model
11unique and responsive to local issues, substance use or mental
12health needs, and partnerships, using sound and promising or
13evidence-based practices.
14    (c-5) Whenever appropriate and available, case management
15should be provided by a licensed treatment provider or other
16appropriate provider and may include peer recovery support
17approaches.
18    (d) To receive funding for activities as described in
19Section 35 of this Act, planning for the deflection program
20shall 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

 

 

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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
12first responder entity, licensed treatment providers, and
13community members or organizations shall establish a local
14deflection program plan that includes protocols and procedures
15for participant identification, screening or assessment,
16treatment facilitation, reporting, and ongoing involvement of
17the law enforcement agency. Licensed substance use disorder
18treatment organizations shall adhere to 42 CFR Part 2 regarding
19confidentiality regulations for information exchange or
20release. Substance use disorder treatment services shall
21adhere to all regulations specified in Department of Human
22Services 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
2first responder entity in programs that receive funding for
3services under Section 35 of this Act shall and that receive
4training under subsection (a.1) of Section 35 shall be trained
5in:
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
18enforcement agency or peace officer or other first responder
19acting in good faith shall not, as the result of acts or
20omissions in providing services under Section 15 of this Act,
21be liable for civil damages, unless the acts or omissions
22constitute 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
3Illinois Criminal Justice Information Authority for the
4purpose of funding law enforcement agencies or other first
5responder entities for services provided by deflection program
6partners 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
9expended on activities related to knowledge dissemination,
10training, technical assistance, or other similar activities
11intended to increase practitioner and public awareness of
12deflection and/or to support its implementation. The Illinois
13Criminal Justice Information Authority may adopt guidelines
14and requirements to direct the distribution of funds for these
15activities.
16    (b) For all appropriated funds not distributed under
17subsection a.1, the The Illinois Criminal Justice Information
18Authority may adopt guidelines and requirements to direct the
19distribution of funds for expenses related to deflection
20programs. Funding shall be made available to support both new
21and existing deflection programs in a broad spectrum of
22geographic regions in this State, including urban, suburban,
23and rural communities. Funding for deflection programs shall be
24prioritized for communities that have been impacted by the war
25on drugs, communities that have a police/community relations
26issue, and communities that have a disproportionate lack of

 

 

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1access to mental health and drug treatment. Activities eligible
2for funding under this Act may include, but are not limited to,
3the 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

 

 

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1    delivery between linkage and coverage by other funding
2    sources when otherwise non-reimbursable.
3    (c) Specific linkage agreements with recovery support
4services or self-help entities may be a requirement of the
5program services protocols. All deflection programs shall
6encourage the involvement of key family members and significant
7others as a part of a family-based approach to treatment. All
8deflection programs are encouraged to use evidence-based
9practices and outcome measures in the provision of substance
10use disorder treatment and medication-assisted treatment for
11persons 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
14adding 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

 

 

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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
10authority, or person acting on behalf of a governmental
11authority, shall engage in a pattern or practice of conduct by
12officers that deprives any person of rights, privileges, or
13immunities secured or protected by the Constitution or laws of
14the United States or by the Constitution or laws of Illinois.
15    (c) Whenever the Illinois Attorney General has reasonable
16cause to believe that a violation of subsection (b) has
17occurred, the Illinois Attorney General may commence a civil
18action in the name of the People of the State to obtain
19appropriate equitable and declaratory relief to eliminate the
20pattern or practice. Venue for this civil action shall be
21Sangamon County or Cook County. Such actions shall be commenced
22no later than 5 years after the occurrence or the termination
23of an alleged violation, whichever occurs last.
24    (d) Prior to initiating a civil action, the Attorney
25General may conduct a preliminary investigation to determine
26whether there is reasonable cause to believe that a violation

 

 

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1of subsection (b) has occurred. In conducting this
2investigation, 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
13a person to file a statement or report, or of a subpoena upon
14any 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.

 

 

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1    (f)(1) In any civil action brought pursuant to subsection
2(c) of this Section, the Attorney General may obtain as a
3remedy equitable and declaratory relief (including any
4permanent or preliminary injunction, temporary restraining
5order, or other order, including an order enjoining the
6defendant from engaging in such violation or ordering any
7action as may be appropriate). In addition, the Attorney
8General may request and the Court may impose a civil penalty to
9vindicate the public interest in an amount not exceeding
10$25,000 per violation, or if the defendant has been adjudged to
11have committed one other civil rights violation under this
12Section within 5 years of the occurrence of the violation that
13is the basis of the complaint, in an amount not exceeding
14$50,000.
15    (2) A civil penalty imposed under this subsection shall be
16deposited into the Attorney General Court Ordered and Voluntary
17Compliance Payment Projects Fund, which is a special fund in
18the State Treasury. Moneys in the Fund shall be used, subject
19to appropriation, for the performance of any function
20pertaining to the exercise of the duties of the Attorney
21General including but not limited to enforcement of any law of
22this State and conducting public education programs; however,
23any moneys in the Fund that are required by the court or by an
24agreement to be used for a particular purpose shall be used for
25that purpose.
 

 

 

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1    Section 10-120. The Department of State Police Law of the
2Civil Administrative Code of Illinois is amended by changing
3Section 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
7information must be made available to the news media for
8inspection 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
23available to the news media for inspection and copying as soon
24as practicable, but in no event shall the time period exceed 72
25hours from the arrest. The information described in items (3),

 

 

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1(4), (5), and (6) of subsection (a), however, may be withheld
2if it is determined that disclosure would (i) interfere with
3pending or actually and reasonably contemplated law
4enforcement proceedings conducted by any law enforcement or
5correctional agency; (ii) endanger the life or physical safety
6of law enforcement or correctional personnel or any other
7person; or (iii) compromise the security of any correctional
8facility.
9    (c) For the purposes of this Section, the term "news media"
10means personnel of a newspaper or other periodical issued at
11regular intervals whether in print or electronic format, a news
12service whether in print or electronic format, a radio station,
13a television station, a television network, a community antenna
14television service, or a person or corporation engaged in
15making news reels or other motion picture news for public
16showing.
17    (d) Each law enforcement or correctional agency may charge
18fees for arrest records, but in no instance may the fee exceed
19the actual cost of copying and reproduction. The fees may not
20include the cost of the labor used to reproduce the arrest
21record.
22    (e) The provisions of this Section do not supersede the
23confidentiality provisions for arrest records of the Juvenile
24Court Act of 1987.
25(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
26incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
 

 

 

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1    Section 10-125. The State Police Act is amended by changing
2Section 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
5Department of State Police officer shall be removed, demoted or
6suspended except for cause, upon written charges filed with the
7Board by the Director and a hearing before the Board thereon
8upon not less than 10 days' notice at a place to be designated
9by the chairman thereof. At such hearing, the accused shall be
10afforded full opportunity to be heard in his or her own defense
11and to produce proof in his or her defense. It shall not be a
12requirement of a person Anyone filing a complaint against a
13State Police Officer to must have a the complaint supported by
14a sworn affidavit or any other legal documentation. This ban on
15an affidavit requirement shall apply to any collective
16bargaining agreements entered after the effective date of this
17provision. Any such complaint, having been supported by a sworn
18affidavit, and having been found, in total or in part, to
19contain false information, shall be presented to the
20appropriate State's Attorney for a determination of
21prosecution.
22    Before any such officer may be interrogated or examined by
23or before the Board, or by a departmental agent or investigator
24specifically assigned to conduct an internal investigation,

 

 

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1the results of which hearing, interrogation or examination may
2be the basis for filing charges seeking his or her suspension
3for more than 15 days or his or her removal or discharge, he or
4she shall be advised in writing as to what specific improper or
5illegal act he or she is alleged to have committed; he or she
6shall be advised in writing that his or her admissions made in
7the course of the hearing, interrogation or examination may be
8used as the basis for charges seeking his or her suspension,
9removal or discharge; and he or she shall be advised in writing
10that he or she has a right to counsel of his or her choosing,
11who may be present to advise him or her at any hearing,
12interrogation or examination. A complete record of any hearing,
13interrogation or examination shall be made, and a complete
14transcript or electronic recording thereof shall be made
15available to such officer without charge and without delay.
16    The Board shall have the power to secure by its subpoena
17both the attendance and testimony of witnesses and the
18production of books and papers in support of the charges and
19for the defense. Each member of the Board or a designated
20hearing officer shall have the power to administer oaths or
21affirmations. If the charges against an accused are established
22by a preponderance of evidence, the Board shall make a finding
23of guilty and order either removal, demotion, suspension for a
24period of not more than 180 days, or such other disciplinary
25punishment as may be prescribed by the rules and regulations of
26the Board which, in the opinion of the members thereof, the

 

 

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1offense merits. Thereupon the Director shall direct such
2removal or other punishment as ordered by the Board and if the
3accused refuses to abide by any such disciplinary order, the
4Director shall remove him or her forthwith.
5    If the accused is found not guilty or has served a period
6of suspension greater than prescribed by the Board, the Board
7shall order that the officer receive compensation for the
8period involved. The award of compensation shall include
9interest at the rate of 7% per annum.
10    The Board may include in its order appropriate sanctions
11based upon the Board's rules and regulations. If the Board
12finds that a party has made allegations or denials without
13reasonable cause or has engaged in frivolous litigation for the
14purpose of delay or needless increase in the cost of
15litigation, it may order that party to pay the other party's
16reasonable expenses, including costs and reasonable attorney's
17fees. The State of Illinois and the Department shall be subject
18to these sanctions in the same manner as other parties.
19    In case of the neglect or refusal of any person to obey a
20subpoena issued by the Board, any circuit court, upon
21application of any member of the Board, may order such person
22to appear before the Board and give testimony or produce
23evidence, and any failure to obey such order is punishable by
24the court as a contempt thereof.
25    The provisions of the Administrative Review Law, and all
26amendments and modifications thereof, and the rules adopted

 

 

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1pursuant thereto, shall apply to and govern all proceedings for
2the judicial review of any order of the Board rendered pursuant
3to the provisions of this Section.
4    Notwithstanding the provisions of this Section, a policy
5making officer, as defined in the Employee Rights Violation
6Act, of the Department of State Police shall be discharged from
7the Department of State Police as provided in the Employee
8Rights 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
14the muzzle of a rifle, shotgun, or long gun for the purpose of
15hand-to-hand combat.
16    "Grenade launcher" means a firearm or firearm accessory
17designed to launch small explosive projectiles.
18    "Military equipment surplus program" means any federal or
19State program allowing a law enforcement agency to obtain
20surplus military equipment including, but not limit to, any
21program organized under Section 1122 of the National Defense
22Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
23Section 1033 of the National Defense Authorization Act for
24Fiscal Year 1997 (Pub. L. 104-201), or any program established
25under 10 U.S.C. 2576a.

 

 

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1    "Tracked armored vehicle" means a vehicle that provides
2ballistic protection to its occupants and utilizes a tracked
3system installed of wheels for forward motion.
4    "Weaponized aircraft, vessel, or vehicle" means any
5aircraft, vessel, or vehicle with weapons installed.
6    (b) The Illinois State Police shall not request or receive
7from any military equipment surplus program nor purchase or
8otherwise 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
16prohibited by this Section from a military equipment surplus
17program, the Illinois State Police shall publish notice of the
18request on a publicly accessible website maintained by the
19Illinois State Police within 14 days after the request.
 
20    Section 10-130. The Illinois Criminal Justice Information
21Act 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

 

 

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1Officer of the Illinois Courts shall convene an oversight board
2to be known as the Pretrial Practices Data Oversight Board to
3oversee the collection and analysis of data regarding pretrial
4practices in circuit court systems. The Board shall include,
5but is not limited to, designees from the Administrative Office
6of the Illinois Courts, the Illinois Criminal Justice
7Information Authority, and other entities that possess
8knowledge of pretrial practices and data collection issues.
9Members 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

 

 

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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
6develop a strategy to collect quarterly, county-level data on
7the following topics; which collection of data shall begin
8starting one year after the effective date of this amendatory
9Act 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

 

 

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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

 

 

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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
25Group.

 

 

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1    (a) The Executive Director of the Illinois Criminal Justice
2Information Authority shall convene a working group to research
3and issue a report on current practices in pretrial domestic
4violence courts throughout the state of Illinois.
5    (b) The working group shall include, but is not limited to,
6designees from the Administrative Office of the Illinois
7Courts, the Illinois Criminal Justice Information Authority,
8Domestic Violence victims' advocates, formerly incarcerated
9victims of violence, legal practitioners, and other entities
10that possess knowledge of evidence-based practices surrounding
11domestic violence and current pretrial practices in Illinois.
12    (c) The group shall meet quarterly and no later than 15
13months after the effective date of this amendatory Act of the
14101st General Assembly issue a preliminary report on the state
15of current practice across the state in regards to pretrial
16practices and domestic violence and no later than 15 months
17after the release of the preliminary report, issue a final
18report issuing recommendations for evidence-based improvements
19to court procedures.
20    (d) Members of the working group shall serve without
21compensation.
 
22    Section 10-135. The Public Officer Prohibited Activities
23Act 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
3agent or representative of a unit of local government, or
4another employee to retaliate against an employee or contractor
5who:
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
14shall make a written report of improper governmental action to
15the appropriate auditing official. An employee who believes he
16or she has been retaliated against in violation of this Section
17must submit a written report to the auditing official within 60
18days of gaining knowledge of the retaliatory action. If the
19auditing official is the individual doing the improper
20governmental action, then a report under this subsection may be
21submitted to any State's Attorney.
22    (c) Each auditing official shall establish written
23processes and procedures for managing complaints filed under
24this Section, and each auditing official shall investigate and
25dispose of reports of improper governmental action in
26accordance with these processes and procedures. If an auditing

 

 

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1official concludes that an improper governmental action has
2taken place or concludes that the relevant unit of local
3government, department, agency, or supervisory officials have
4hindered the auditing official's investigation into the
5report, the auditing official shall notify in writing the chief
6executive of the unit of local government and any other
7individual or entity the auditing official deems necessary in
8the circumstances.
9    (d) An auditing official may transfer a report of improper
10governmental action to another auditing official for
11investigation if an auditing official deems it appropriate,
12including, but not limited to, the appropriate State's
13Attorney.
14    (e) To the extent allowed by law, the identity of an
15employee reporting information about an improper governmental
16action shall be kept confidential unless the employee waives
17confidentiality in writing. Auditing officials may take
18reasonable measures to protect employees who reasonably
19believe they may be subject to bodily harm for reporting
20improper government action.
21    (f) The following remedies are available to employees
22subjected to adverse actions for reporting improper government
23action:
24        (1) Auditing officials may reinstate, reimburse for
25    lost wages or expenses incurred, promote, or provide some
26    other form of restitution.

 

 

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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
7under subsection (a) is subject to the following penalties: a
8fine of no less than $500 and no more than $5,000, suspension
9without pay, demotion, discharge, civil or criminal
10prosecution, or any combination of these penalties, as
11appropriate.
12    (h) Every employee shall receive a written summary or a
13complete copy of this Section upon commencement of employment
14and at least once each year of employment. At the same time,
15the employee shall also receive a copy of the written processes
16and procedures for reporting improper governmental actions
17from the applicable auditing official.
18    (i) As used in this Section:
19    "Auditing official" means any elected, appointed, or hired
20individual, by whatever name, in a unit of local government
21whose duties are similar to, but not limited to, receiving,
22registering, and investigating complaints and information
23concerning misconduct, inefficiency, and waste within the unit
24of local government; investigating the performance of
25officers, employees, functions, and programs; and promoting
26economy, efficiency, effectiveness and integrity in the

 

 

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1administration of the programs and operations of the
2municipality. If a unit of local government does not have an
3"auditing official", the "auditing official" shall be a State's
4Attorney of the county in which the unit of local government is
5located within.
6    "Employee" means anyone employed by a unit of local
7government, whether in a permanent or temporary position,
8including full-time, part-time, and intermittent workers.
9"Employee" also includes members of appointed boards or
10commissions, whether or not paid. "Employee" also includes
11persons who have been terminated because of any report or
12complaint submitted under this Section.
13    "Improper governmental action" means any action by a unit
14of local government employee, an appointed member of a board,
15commission, or committee, or an elected official of the unit of
16local government that is undertaken in violation of a federal,
17State, or unit of local government law or rule; is an abuse of
18authority; violates the public's trust or expectation of his or
19her conduct; is of substantial and specific danger to the
20public's health or safety; or is a gross waste of public funds.
21The action need not be within the scope of the employee's,
22elected official's, board member's, commission member's, or
23committee member's official duties to be subject to a claim of
24"improper governmental action". "Improper governmental action"
25does not include a unit of local government personnel actions,
26including, but not limited to employee grievances, complaints,

 

 

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1appointments, promotions, transfers, assignments,
2reassignments, reinstatements, restorations, reemployment,
3performance evaluations, reductions in pay, dismissals,
4suspensions, demotions, reprimands, or violations of
5collective bargaining agreements, except to the extent that the
6action amounts to retaliation.
7    "Retaliate", "retaliation", or "retaliatory action" means
8any adverse change in an employee's employment status or the
9terms and conditions of employment that results from an
10employee's protected activity under this Section. "Retaliatory
11action" includes, but is not limited to, denial of adequate
12staff to perform duties; frequent staff changes; frequent and
13undesirable office changes; refusal to assign meaningful work;
14unsubstantiated letters of reprimand or unsatisfactory
15performance evaluations; demotion; reduction in pay; denial of
16promotion; transfer or reassignment; suspension or dismissal;
17or other disciplinary action made because of an employee's
18protected activity under this Section.
 
19    Section 10-140. The Local Records Act is amended by
20changing 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
24information must be made available to the news media for

 

 

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1inspection 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
16available to the news media for inspection and copying as soon
17as practicable, but in no event shall the time period exceed 72
18hours from the arrest. The information described in paragraphs
19(3), (4), (5), and (6) of subsection (a), however, may be
20withheld 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

 

 

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1        (3) compromise the security of any correctional
2    facility.
3    (c) For the purposes of this Section the term "news media"
4means personnel of a newspaper or other periodical issued at
5regular intervals whether in print or electronic format, a news
6service whether in print or electronic format, a radio station,
7a television station, a television network, a community antenna
8television service, or a person or corporation engaged in
9making news reels or other motion picture news for public
10showing.
11    (d) Each law enforcement or correctional agency may charge
12fees for arrest records, but in no instance may the fee exceed
13the actual cost of copying and reproduction. The fees may not
14include the cost of the labor used to reproduce the arrest
15record.
16    (e) The provisions of this Section do not supersede the
17confidentiality provisions for arrest records of the Juvenile
18Court Act of 1987.
19    (f) All information, including photographs, made available
20under this Section is subject to the provisions of Section 2QQQ
21of 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
24Section 25 as follows:
 

 

 

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1    (50 ILCS 205/25 new)
2    Sec. 25. Police misconduct records. Notwithstanding any
3other provision of law to the contrary, all public records and
4nonpublic records related to complaints, investigations, and
5adjudications of police misconduct shall be permanently
6retained and may not be destroyed.
 
7    Section 10-143. The Illinois Police Training Act is amended
8by changing Sections 6, 6.2, 7, and 10.17 and by adding Section
910.6 as follows:
 
10    (50 ILCS 705/6)  (from Ch. 85, par. 506)
11    Sec. 6. Powers and duties of the Board; selection and
12certification of schools. The Board shall select and certify
13schools within the State of Illinois for the purpose of
14providing basic training for probationary police officers,
15probationary county corrections officers, and court security
16officers and of providing advanced or in-service training for
17permanent police officers or permanent county corrections
18officers, which schools may be either publicly or privately
19owned and operated. In addition, the Board has the following
20power 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

 

 

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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

 

 

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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
10any final determination of willful violation of department or
11agency 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
20final decision of discharge or dismissal and final exhaustion
21of any appeal, or resignation, and shall provide information
22regarding the nature of the violation.
23    (b) Upon receiving notification from a law enforcement
24agency, the Board must notify the law enforcement officer of
25the report and his or her right to provide a statement

 

 

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1regarding the reported violation.
2    (c) The Board shall maintain a database readily available
3to any chief administrative officer, or his or her designee, of
4a law enforcement agency or any State's Attorney that shall
5show each reported instance, including the name of the officer,
6the nature of the violation, reason for the final decision of
7discharge or dismissal, and any statement provided by the
8officer.
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
12adopt rules and minimum standards for such schools which shall
13include, 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,

 

 

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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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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;
25100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
261-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,

 

 

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1eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
2101-564, 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
5years. The Board shall adopt rules and minimum standards for
6in-service training requirements as set forth in this Section.
7The training shall provide officers with knowledge of policies
8and laws regulating the use of force; equip officers with
9tactics and skills, including de-escalation techniques, to
10prevent or reduce the need to use force or, when force must be
11used, to use force that is objectively reasonable, necessary,
12and proportional under the totality of the circumstances; and
13ensure appropriate supervision and accountability. The
14training shall consist of at least 30 hours of training every 3
15years and shall include:
16    (1) At least 12 hours of hands-on, scenario-based
17role-playing.
18    (2) At least 6 hours of instruction on use of force
19techniques, including the use of de-escalation techniques to
20prevent or reduce the need for force whenever safe and
21feasible.
22    (3) Specific training on the law concerning stops,
23searches, and the use of force under the Fourth Amendment to
24the United States Constitution.
25    (4) Specific training on officer safety techniques,

 

 

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1including cover, concealment, and time.
2    (5) At least 6 hours of training focused on high-risk
3traffic stops.
 
4    (50 ILCS 705/10.17)
5    Sec. 10.17. Crisis intervention team training; mental
6health awareness training.
7    (a) The Illinois Law Enforcement Training Standards Board
8shall develop and approve a standard curriculum for certified
9training programs in crisis intervention of at least 40 hours
10addressing specialized policing responses to people with
11mental illnesses. The Board shall conduct Crisis Intervention
12Team (CIT) training programs that train officers to identify
13signs and symptoms of mental illness, to de-escalate situations
14involving individuals who appear to have a mental illness, and
15connect that person in crisis to treatment. Crisis Intervention
16Team (CIT) training programs shall be a collaboration between
17law enforcement professionals, mental health providers,
18families, and consumer advocates and must minimally include the
19following components: (1) basic information about mental
20illnesses and how to recognize them; (2) information about
21mental health laws and resources; (3) learning from family
22members of individuals with mental illness and their
23experiences; and (4) verbal de-escalation training and
24role-plays. Officers who have successfully completed this
25program shall be issued a certificate attesting to their

 

 

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1attendance of a Crisis Intervention Team (CIT) training
2program.
3    (b) The Board shall create an introductory course
4incorporating adult learning models that provides law
5enforcement officers with an awareness of mental health issues
6including a history of the mental health system, types of
7mental health illness including signs and symptoms of mental
8illness and common treatments and medications, and the
9potential interactions law enforcement officers may have on a
10regular basis with these individuals, their families, and
11service providers including de-escalating a potential crisis
12situation. This course, in addition to other traditional
13learning settings, may be made available in an electronic
14format.
15(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
16100-247, eff. 1-1-18.)
 
17    Section 10-145. The Law Enforcement Officer-Worn Body
18Camera Act is amended by changing Sections 10-15, 10-20, and
1910-25 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
23agency which employs the use of officer-worn body cameras in
24accordance with is subject to the provisions of this Act,

 

 

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1whether or not the agency receives or has received monies from
2the Law Enforcement Camera Grant Fund.
3    (b) All law enforcement agencies must implement the use of
4body cameras for all law enforcement officers, according to the
5following 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
20requirements under this Section shall receive preference by the
21Illinois Law Enforcement Training Standards Board in awarding
22grant 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.

 

 

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1    (a) The Board shall develop basic guidelines for the use of
2officer-worn body cameras by law enforcement agencies. The
3guidelines developed by the Board shall be the basis for the
4written policy which must be adopted by each law enforcement
5agency which employs the use of officer-worn body cameras. The
6written policy adopted by the law enforcement agency must
7include, 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
12camera are not subject to disclosure under the Freedom of
13Information 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

 

 

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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),
12the subject of the encounter does not have a reasonable
13expectation of privacy if the subject was arrested as a result
14of the encounter. For purposes of subparagraph (A) of paragraph
15(1) of this subsection (b), "witness" does not include a person
16who is a victim or who was arrested as a result of the
17encounter.
18    Only recordings or portions of recordings responsive to the
19request shall be available for inspection or reproduction. Any
20recording disclosed under the Freedom of Information Act shall
21be redacted to remove identification of any person that appears
22on the recording and is not the officer, a subject of the
23encounter, or directly involved in the encounter. Nothing in
24this subsection (b) shall require the disclosure of any
25recording or portion of any recording which would be exempt
26from disclosure under the Freedom of Information Act.

 

 

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1    (c) Nothing in this Section shall limit access to a camera
2recording for the purposes of complying with Supreme Court
3rules 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
8officer-worn body cameras must provide an annual report on the
9use of officer-worn body cameras to the Board, on or before May
101 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

 

 

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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
5analyze the law enforcement agency reports and provide an
6annual 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
9by changing Sections 5-10, 5-12, and 5-20 and by adding Section
105-11 as follows:
 
11    (50 ILCS 709/5-10)
12    Sec. 5-10. Central repository of crime statistics. The
13Department of State Police shall be a central repository and
14custodian of crime statistics for the State and shall have all
15the power necessary to carry out the purposes of this Act,
16including the power to demand and receive cooperation in the
17submission of crime statistics from all law enforcement
18agencies. All data and information provided to the Department
19under this Act must be provided in a manner and form prescribed
20by the Department. On an annual basis, the Department shall
21make available compilations of crime statistics and monthly
22reporting required to be reported by each law enforcement
23agency.
24(Source: P.A. 99-352, eff. 1-1-16.)
 

 

 

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1    (50 ILCS 709/5-11 new)
2    Sec. 5-11. FBI National Use of Force Database.The
3Department shall participate in and regularly submit use of
4force information to the Federal Bureau of Investigation (FBI)
5National Use of Force Database. Within 90 days of the effective
6date of this amendatory act, the Department shall promulgate
7rules outlining the use of force information required for
8submission to the Database, which shall be submitted monthly by
9law enforcement agencies under Section 5-12.
 
10    (50 ILCS 709/5-12)
11    Sec. 5-12. Monthly reporting. All law enforcement agencies
12shall submit to the Department of State Police on a monthly
13basis 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

 

 

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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; .

 

 

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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
16Police shall annually report to the Illinois Law Enforcement
17Training Standards Board and the Department of Revenue any law
18enforcement agency not in compliance with the reporting
19requirements under this Act. A law enforcement agency's
20compliance with the reporting requirements under this Act shall
21be a factor considered by the Illinois Law Enforcement Training
22Standards Board in awarding grant funding under the Law
23Enforcement Camera Grant Act, with preference to law
24enforcement agencies which are in compliance with reporting
25requirements under this Act.

 

 

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1(Source: P.A. 99-352, eff. 1-1-16.)
 
2    Section 10-150. The Uniform Peace Officers' Disciplinary
3Act is amended by changing Sections 3.2, 3.4, and 3.8 as
4follows:
 
5    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
6    Sec. 3.2. No officer shall be subjected to interrogation
7without first being informed in writing of the nature of the
8investigation. If an administrative proceeding is instituted,
9the officer shall be informed beforehand of the names of all
10complainants. The information shall be sufficient as to
11reasonably apprise the officer of the nature of the
12investigation.
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
16in writing of the name, rank and unit or command of the officer
17in charge of the investigation, the interrogators, and all
18persons who will be present on the behalf of the employer
19during any interrogation except at a public administrative
20proceeding. The officer under investigation shall inform the
21employer of any person who will be present on his or her behalf
22during any interrogation except at a public administrative
23hearing.

 

 

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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
5advised in writing that admissions made in the course of the
6interrogation may be used as evidence of misconduct or as the
7basis for charges seeking suspension, removal, or discharge;
8and without first being advised in writing that he or she has
9the right to counsel of his or her choosing who may be present
10to advise him or her at any stage of any interrogation.
11    (b) It shall not be a requirement for a person Anyone
12filing a complaint against a sworn peace officer to must have
13the complaint supported by a sworn affidavit or any other legal
14documentation. This ban on an affidavit requirement shall apply
15to any collective bargaining agreements entered after the
16effective date of this provision. Any complaint, having been
17supported by a sworn affidavit, and having been found, in total
18or in part, to contain knowingly false material information,
19shall be presented to the appropriate State's Attorney for a
20determination 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
24Act is amended by repealing Section 6.
 

 

 

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1    Section 10-155. The Police and Community Relations
2Improvement 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
6the Illinois Law Enforcement Training Standards Board of any
7conduct the person believes a law enforcement officer has
8committed as described in subsection (b) of Section 6.3 of the
9Illinois Police Training Act. Notwithstanding any other
10provision in state law or any collective bargaining agreement,
11the Board shall accept notice and investigate any allegations
12from individuals who remain anonymous.
13    (b)The Board shall complete a preliminary review of the
14allegations to determine whether further investigation is
15warranted. During the preliminary review, the Board will take
16all reasonable steps to discover any and all objective
17verifiable evidence relevant to the alleged violation through
18the identification, retention, review, and analysis of all
19available evidence, including, but not limited to: all
20time-sensitive evidence, audio and video evidence, physical
21evidence, arrest reports, photographic evidence, GPS records,
22computer data, lab reports, medical documents, and witness
23interviews. All reasonable steps will be taken to preserve
24relevant evidence identified during the preliminary

 

 

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1investigation.
2    (c)If the Board determines that for an anonymous notice
3there is objective verifiable evidence to support the
4allegation or allegations, the Board shall complete a sworn
5affidavit override to comply with subsection (b) of Section 3.8
6of the Uniform Peace Officers' Disciplinary Act. The sworn
7affidavit override shall be specified on a form to be
8determined by the Board, including what evidence has been
9reviewed and, in reliance upon that evidence, it shall be
10affirmed that it is necessary and appropriate for the
11investigation to continue. It shall forward that form and the
12alleged violation in accordance with subsection (f) of Section
136.3 of the Illinois Police Training Act.
 
14    Section 10-160. The Counties Code is amended by changing
15Sections 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.
18The fees of sheriffs in counties of the first and second class,
19except when increased by county ordinance under this Section,
20shall be as follows:
21    For serving or attempting to serve summons on each
22defendant in each county, $10.
23    For serving or attempting to serve an order or judgment
24granting injunctive relief in each county, $10.

 

 

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1    For serving or attempting to serve each garnishee in each
2county, $10.
3    For serving or attempting to serve an order for replevin in
4each county, $10.
5    For serving or attempting to serve an order for attachment
6on each defendant in each county, $10.
7    For serving or attempting to serve a warrant of arrest, $8,
8to be paid upon conviction.
9    For returning a defendant from outside the State of
10Illinois, upon conviction, the court shall assess, as court
11costs, 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
14witness, 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
18process as Stated above, calculating from the place of holding
19court to the place of residence of the defendant, or witness,
2050 each way.
21    For summoning each juror, $3 with 30 mileage each way in
22all counties.
23    For serving or attempting to serve notice of judgments or
24levying to enforce a judgment, $3 with 50 mileage each way in
25all counties.
26    For taking possession of and removing property levied on,

 

 

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1the officer shall be allowed to tax the actual cost of such
2possession or removal.
3    For feeding each prisoner, such compensation to cover the
4actual cost as may be fixed by the county board, but such
5compensation shall not be considered a part of the fees of the
6office.
7    For attending before a court with prisoner, on an order for
8habeas corpus, in each county, $10 per day.
9    For attending before a court with a prisoner in any
10criminal proceeding, in each county, $10 per day.
11    For each mile of necessary travel in taking such prisoner
12before the court as stated above, 15 a mile each way.
13    For serving or attempting to serve an order or judgment for
14the possession of real estate in an action of ejectment or in
15any other action, or for restitution in an eviction action
16without aid, $10 and when aid is necessary, the sheriff shall
17be allowed to tax in addition the actual costs thereof, and for
18each mile of necessary travel, 50 each way.
19    For executing and acknowledging a deed of sale of real
20estate, in counties of first class, $4; second class, $4.
21    For preparing, executing and acknowledging a deed on
22redemption from a court sale of real estate in counties of
23first class, $5; second class, $5.
24    For making certificates of sale, and making and filing
25duplicate, in counties of first class, $3; in counties of the
26second class, $3.

 

 

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1    For making certificate of redemption, $3.
2    For certificate of levy and filing, $3, and the fee for
3recording shall be advanced by the judgment creditor and
4charged as costs.
5    For taking all civil bonds on legal process, civil and
6criminal, in counties of first class, $1; in second class, $1.
7    For executing copies in criminal cases, $4 and mileage for
8each 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
11to the jail of another county, or from another county to the
12jail of the prisoner's county, per mile, for going, only, 30.
13    For conveying persons to the penitentiary, reformatories,
14Illinois State Training School for Boys, Illinois State
15Training School for Girls and Reception Centers, the following
16fees, payable out of the State treasury. For each person who is
17conveyed, 35 per mile in going only to the penitentiary,
18reformatory, Illinois State Training School for Boys, Illinois
19State Training School for Girls and Reception Centers, from the
20place of conviction.
21    The fees provided for transporting persons to the
22penitentiary, reformatories, Illinois State Training School
23for Boys, Illinois State Training School for Girls and
24Reception Centers shall be paid for each trip so made. Mileage
25as used in this Section means the shortest practical route,
26between the place from which the person is to be transported,

 

 

HB3653 Enrolled- 100 -LRB101 05541 RLC 50557 b

1to the penitentiary, reformatories, Illinois State Training
2School for Boys, Illinois State Training School for Girls and
3Reception Centers and all fees per mile shall be computed on
4such basis.
5    For conveying any person to or from any of the charitable
6institutions of the State, when properly committed by competent
7authority, when one person is conveyed, 35 per mile; when two
8persons are conveyed at the same time, 35 per mile for the
9first person and 20 per mile for the second person; and 10
10per mile for each additional person.
11    For conveying a person from the penitentiary to the county
12jail 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
15sheriff a fee of $600 for the sale of real estate which is made
16by virtue of any judgment of a court, except that in the case
17of a sale of unimproved real estate which sells for $10,000 or
18less, the fee shall be $150. In addition to this fee and all
19other fees provided by this Section, there shall be allowed to
20the sheriff a fee in accordance with the following schedule for
21the sale of personal estate which is made by virtue of any
22judgment 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

1fees that may be collected from any officer, agency, department
2or other instrumentality of the State. The county board may,
3however, by ordinance, increase the fees allowed by this
4Section and collect those increased fees from all persons and
5entities other than officers, agencies, departments and other
6instrumentalities of the State if the increase is justified by
7an acceptable cost study showing that the fees allowed by this
8Section are not sufficient to cover the costs of providing the
9service. A statement of the costs of providing each service,
10program and activity shall be prepared by the county board. All
11supporting documents shall be public records and subject to
12public examination and audit. All direct and indirect costs, as
13defined in the United States Office of Management and Budget
14Circular A-87, may be included in the determination of the
15costs of each service, program and activity.
16    In all cases where the judgment is settled by the parties,
17replevied, stopped by injunction or paid, or where the property
18levied upon is not actually sold, the sheriff shall be allowed
19his fee for levying and mileage, together with half the fee for
20all money collected by him which he would be entitled to if the
21same was made by sale to enforce the judgment. In no case shall
22the fee exceed the amount of money arising from the sale.
23    The fee requirements of this Section do not apply to police
24departments or other law enforcement agencies. For the purposes
25of this Section, "law enforcement agency" means an agency of
26the State or unit of local government which is vested by law or

 

 

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1ordinance with the duty to maintain public order and to enforce
2criminal 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
6officers herein named, in counties of the third class, shall be
7entitled to receive the fees herein specified, for the services
8mentioned and such other fees as may be provided by law for
9such other services not herein designated.
10Fees for Sheriff
11    For serving or attempting to serve any summons on each
12defendant, $35.
13    For serving or attempting to serve each alias summons or
14other process mileage will be charged as hereinafter provided
15when the address for service differs from the address for
16service on the original summons or other process.
17    For serving or attempting to serve all other process, on
18each defendant, $35.
19    For serving or attempting to serve a subpoena on each
20witness, $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
25for replevin, $35.

 

 

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1    For serving or attempting to serve an order for attachment,
2on each defendant, $35.
3    For serving or attempting to serve an order or judgment for
4the possession of real estate in an action of ejectment or in
5any other action, or for restitution in an eviction action,
6without aid, $35, and when aid is necessary, the sheriff shall
7be 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
10attachment, $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
14recording same, $8, and the fee for filing or recording shall
15be advanced by the plaintiff in attachment or by the judgment
16creditor and taxed as costs. For taking possession of or
17removing property levied on, the sheriff shall be allowed to
18tax 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
21duplicate for record, $15, and the fee for recording same shall
22be advanced by the judgment creditor and taxed as costs.
23    For preparing, executing and acknowledging deed on
24redemption from a court sale of real estate, $15; for
25preparing, executing and acknowledging all other deeds on sale
26of real estate, $10.

 

 

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1    For making and filing certificate of redemption, $15, and
2the fee for recording same shall be advanced by party making
3the redemption and taxed as costs.
4    For making and filing certificate of redemption from a
5court sale, $11, and the fee for recording same shall be
6advanced 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
11a $10 flat fee.
12    For attending before a court with a prisoner on an order
13for habeas corpus, $9 per day.
14    For executing requisitions from other States, $13.
15    For conveying each prisoner from the prisoner's county to
16the 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
20actual costs as may be fixed by the county board, but such
21compensation shall not be considered a part of the fees of the
22office.
23    For committing each prisoner to jail under the laws of the
24United States, to be paid by the marshal or other person
25requiring his confinement, $3.
26    For feeding such prisoners per day, $3, to be paid by the

 

 

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1marshal or other person requiring the prisoner's confinement.
2    For discharging such prisoners, $3.
3    For conveying persons to the penitentiary, reformatories,
4Illinois State Training School for Boys, Illinois State
5Training School for Girls, Reception Centers and Illinois
6Security Hospital, the following fees, payable out of the State
7Treasury. When one person is conveyed, 20 per mile in going to
8the penitentiary, reformatories, Illinois State Training
9School for Boys, Illinois State Training School for Girls,
10Reception Centers and Illinois Security Hospital from the place
11of conviction; when 2 persons are conveyed at the same time,
1220 per mile for the first and 15 per mile for the second
13person; when more than 2 persons are conveyed at the same time
14as Stated above, the sheriff shall be allowed 20 per mile for
15the first, 15 per mile for the second and 10 per mile for
16each additional person.
17    The fees provided for herein for transporting persons to
18the penitentiary, reformatories, Illinois State Training
19School for Boys, Illinois State Training School for Girls,
20Reception Centers and Illinois Security Hospital, shall be paid
21for each trip so made. Mileage as used in this Section means
22the shortest route on a hard surfaced road, (either State Bond
23Issue Route or Federal highways) or railroad, whichever is
24shorter, between the place from which the person is to be
25transported, to the penitentiary, reformatories, Illinois
26State Training School for Boys, Illinois State Training School

 

 

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1for Girls, Reception Centers and Illinois Security Hospital,
2and all fees per mile shall be computed on such basis.
3    In addition to the above fees, there shall be allowed to
4the sheriff a fee of $900 for the sale of real estate which
5shall be made by virtue of any judgment of a court. In addition
6to this fee and all other fees provided by this Section, there
7shall be allowed to the sheriff a fee in accordance with the
8following schedule for the sale of personal estate which is
9made 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,
14replevied, stopped by injunction or paid, or where the property
15levied upon is not actually sold, the sheriff shall be allowed
16the fee for levying and mileage, together with half the fee for
17all money collected by him or her which he or she would be
18entitled to if the same were made by sale in the enforcement of
19a judgment. In no case shall the fee exceed the amount of money
20arising from the sale.
21    The fee requirements of this Section do not apply to police
22departments or other law enforcement agencies. For the purposes
23of this Section, "law enforcement agency" means an agency of
24the State or unit of local government which is vested by law or
25ordinance with the duty to maintain public order and to enforce
26criminal laws or ordinances.

 

 

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1    The fee requirements of this Section do not apply to units
2of 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;
6local governments and school districts. The officers herein
7named, in counties of the third class, shall be entitled to
8receive the fees herein specified from all units of local
9government and school districts, for the services mentioned and
10such other fees as may be provided by law for such other
11services not herein designated.
12Fees for Sheriff
13    For serving or attempting to serve any summons on each
14defendant, $25.
15    For serving or attempting to serve each alias summons or
16other process mileage will be charged as hereinafter provided
17when the address for service differs from the address for
18service on the original summons or other process.
19    For serving or attempting to serve all other process, on
20each defendant, $25.
21    For serving or attempting to serve a subpoena on each
22witness, $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.

 

 

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1    For serving or attempting to serve each order or judgment
2for replevin, $25.
3    For serving or attempting to serve an order for attachment,
4on each defendant, $25.
5    For serving or attempting to serve an order or judgment for
6the possession of real estate in an action of ejectment or in
7any other action, or for restitution in an eviction action,
8without aid, $9, and when aid is necessary, the sheriff shall
9be 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
12attachment, $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
16recording same, $3, and the fee for filing or recording shall
17be advanced by the plaintiff in attachment or by the judgment
18creditor and taxed as costs. For taking possession of or
19removing property levied on, the sheriff shall be allowed to
20tax 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
23duplicate for record, $3, and the fee for recording same shall
24be advanced by the judgment creditor and taxed as costs.
25    For preparing, executing and acknowledging deed on
26redemption from a court sale of real estate, $6; for preparing,

 

 

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1executing and acknowledging all other deeds on sale of real
2estate, $4.
3    For making and filing certificate of redemption, $3.50, and
4the fee for recording same shall be advanced by party making
5the redemption and taxed as costs.
6    For making and filing certificate of redemption from a
7court sale, $4.50, and the fee for recording same shall be
8advanced 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
13a $10 flat fee.
14    For attending before a court with a prisoner on an order
15for 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
18the 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
22actual costs as may be fixed by the county board, but such
23compensation shall not be considered a part of the fees of the
24office.
25    For committing each prisoner to jail under the laws of the
26United States, to be paid by the marshal or other person

 

 

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1requiring his confinement, $1.
2    For feeding such prisoners per day, $1, to be paid by the
3marshal or other person requiring the prisoner's confinement.
4    For discharging such prisoners, $1.
5    For conveying persons to the penitentiary, reformatories,
6Illinois State Training School for Boys, Illinois State
7Training School for Girls, Reception Centers and Illinois
8Security Hospital, the following fees, payable out of the State
9Treasury. When one person is conveyed, 15 per mile in going to
10the penitentiary, reformatories, Illinois State Training
11School for Boys, Illinois State Training School for Girls,
12Reception Centers and Illinois Security Hospital from the place
13of conviction; when 2 persons are conveyed at the same time,
1415 per mile for the first and 10 per mile for the second
15person; when more than 2 persons are conveyed at the same time
16as stated above, the sheriff shall be allowed 15 per mile for
17the first, 10 per mile for the second and 5 per mile for each
18additional person.
19    The fees provided for herein for transporting persons to
20the penitentiary, reformatories, Illinois State Training
21School for Boys, Illinois State Training School for Girls,
22Reception Centers and Illinois Security Hospital, shall be paid
23for each trip so made. Mileage as used in this Section means
24the shortest route on a hard surfaced road, (either State Bond
25Issue Route or Federal highways) or railroad, whichever is
26shorter, between the place from which the person is to be

 

 

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1transported, to the penitentiary, reformatories, Illinois
2State Training School for Boys, Illinois State Training School
3for Girls, Reception Centers and Illinois Security Hospital,
4and all fees per mile shall be computed on such basis.
5    In addition to the above fees, there shall be allowed to
6the sheriff a fee of $600 for the sale of real estate which
7shall be made by virtue of any judgment of a court. In addition
8to this fee and all other fees provided by this Section, there
9shall be allowed to the sheriff a fee in accordance with the
10following schedule for the sale of personal estate which is
11made 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,
16replevied, stopped by injunction or paid, or where the property
17levied upon is not actually sold, the sheriff shall be allowed
18the fee for levying and mileage, together with half the fee for
19all money collected by him or her which he or she would be
20entitled to if the same were made by sale in the enforcement of
21a judgment. In no case shall the fee exceed the amount of money
22arising from the sale.
23     All fees collected under Sections 4-12001 and 4-12001.1
24must be used for public safety purposes only.
25(Source: P.A. 100-173, eff. 1-1-18.)
 

 

 

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1    Section 10-161. The Counties Code is amended by adding
2Section 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
7the muzzle of a rifle, shotgun, or long gun for the purpose of
8hand-to-hand combat.
9    "Grenade launcher" means a firearm or firearm accessory
10designed to launch small explosive projectiles.
11    "Military equipment surplus program" means any federal or
12State program allowing a law enforcement agency to obtain
13surplus military equipment including, but not limited to, any
14program organized under Section 1122 of the National Defense
15Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
16Section 1033 of the National Defense Authorization Act for
17Fiscal Year 1997 (Pub. L. 104-201) or any program established
18under 10 U.S.C. 2576a.
19    "Tracked armored vehicle" means a vehicle that provides
20ballistic protection to its occupants and utilizes a tracked
21system installed of wheels for forward motion.
22    "Weaponized aircraft, vessel, or vehicle" means any
23aircraft, vessel, or vehicle with weapons installed.
24    (b) A sheriff's department shall not request or receive
25from any military equipment surplus program nor purchase or

 

 

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1otherwise 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
9equipment in a manner inconsistent with this Section. This
10Section is a limitation under subsection (i) of Section 6 of
11Article VII of the Illinois Constitution on the concurrent
12exercise by home rule counties of powers and functions
13exercised by the State.
14    (d) If the sheriff requests property from a military
15equipment surplus program, the sheriff shall publish notice of
16the request on a publicly accessible website maintained by the
17sheriff or the county within 14 days after the request.
 
18    Section 10-165. The Illinois Municipal Code is amended by
19adding 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
24muzzle of a rifle, shotgun, or long gun for the purposes of

 

 

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1hand-to-hand combat.
2    "Grenade launcher" means a firearm or firearm accessory
3designed to launch small explosive projectiles.
4    "Military equipment surplus program" means any federal or
5state program allowing a law enforcement agency to obtain
6surplus military equipment including, but not limit to, any
7program organized under Section 1122 of the National Defense
8Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
9Section 1033 of the National Defense Authorization Act for
10Fiscal Year 1997 (Pub. L. 104-201) or any program established
11by the United States Department of Defense under 10 U.S.C.
122576a.
13    "Tracked armored vehicle" means a vehicle that provides
14ballistic protection to its occupants and utilizes a tracked
15system installed of wheels for forward motion.
16    "Weaponized aircraft, vessels, or vehicles" means any
17aircraft, vessel, or vehicle with weapons installed.
18    (b) A police department shall not request or receive from
19any military equipment surplus program nor purchase or
20otherwise 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

 

 

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1        (6) bayonets.
2    (c) A home rule municipality may not regulate the
3acquisition of equipment in a manner inconsistent with this
4Section. This Section is a limitation under subsection (i) of
5Section 6 of Article VII of the Illinois Constitution on the
6concurrent exercise by home rule municipalities of powers and
7functions exercised by the State.
8    (d) If a police department requests other property not
9prohibited from a military equipment surplus program, the
10police department shall publish notice of the request on a
11publicly accessible website maintained by the police
12department or the municipality within 14 days after the
13request.
 
14    (65 ILCS 5/1-2-12.1 rep.)
15    Section 10-170. The Illinois Municipal Code is amended by
16repealing Section 1-2-12.1.
 
17    Section 10-175. The Campus Security Enhancement Act of 2008
18is 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
22information must be made available to the news media for
23inspection and copying:

 

 

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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
15available to the news media for inspection and copying as soon
16as practicable, but in no event shall the time period exceed 72
17hours from the arrest. The information described in paragraphs
18(3), (4), (5), and (6) of subsection (a), however, may be
19withheld 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

 

 

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1    facility.
2    (c) For the purposes of this Section the term "news media"
3means personnel of a newspaper or other periodical issued at
4regular intervals whether in print or electronic format, a news
5service whether in print or electronic format, a radio station,
6a television station, a television network, a community antenna
7television service, or a person or corporation engaged in
8making news reels or other motion picture news for public
9showing.
10    (d) Each law enforcement or correctional agency may charge
11fees for arrest records, but in no instance may the fee exceed
12the actual cost of copying and reproduction. The fees may not
13include the cost of the labor used to reproduce the arrest
14record.
15    (e) The provisions of this Section do not supersede the
16confidentiality provisions for arrest records of the Juvenile
17Court Act of 1987.
18(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
1992-335, eff. 8-10-01.)
 
20    Section 10-180. The Illinois Insurance Code is amended by
21changing 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;
24grounds. After a policy of automobile insurance as defined in

 

 

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1Section 143.13(a) has been effective for 60 days, or if such
2policy is a renewal policy, the insurer shall not exercise its
3option to cancel such policy except for one or more of the
4following 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

 

 

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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

 

 

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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.
21After a policy of automobile insurance, as defined in Section
22143.13, has been effective or renewed for 5 or more years, the
23company shall not exercise its right of non-renewal unless:
24    a. The policy was obtained through a material
25misrepresentation; or

 

 

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1    b. Any insured violated any of the terms and conditions of
2the policy; or
3    c. The named insured failed to disclose fully his motor
4vehicle accidents and moving traffic violations for the
5preceding 36 months, if such information is called for in the
6application; or
7    d. Any insured made a false or fraudulent claim or
8knowingly aided or abetted another in the presentation of such
9a claim; or
10    e. The named insured or any other operator who either
11resides in the same household or customarily operates an
12automobile 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

 

 

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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);

 

 

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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
10the insured at least 60 days before the date of nonrenewal as
11provided 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
16the 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
21providing that the assets in a separate account are not
22chargeable with the liabilities arising out of any other
23business of the insurer shall be satisfied out of the funded
24assets in the separate account equal to, but not to exceed, the
25reserves maintained in the separate account under the separate
26account agreement, and to the extent, if any, the claim is not

 

 

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1fully discharged thereby, the remainder of the claim shall be
2treated as a priority level (d) claim under paragraph (d) of
3this subsection to the extent that reserves have been
4established in the insurer's general account pursuant to
5statute, rule, or the separate account agreement.
6    For purposes of this provision, "separate account
7policies, contracts, or agreements" means any policies,
8contracts, or agreements that provide for separate accounts as
9contemplated by Section 245.21.
10    To the extent that any assets of an insurer, other than
11those assets properly allocated to and maintained in a separate
12account, have been used to fund or pay any expenses, taxes, or
13policyholder benefits that are attributable to a separate
14account policy, contract, or agreement that should have been
15paid by a separate account prior to the commencement of
16receivership proceedings, then upon the commencement of
17receivership proceedings, the separate accounts that benefited
18from this payment or funding shall first be used to repay or
19reimburse the company's general assets or account for any
20unreimbursed net sums due at the commencement of receivership
21proceedings prior to the application of the separate account
22assets to the satisfaction of liabilities or the corresponding
23separate account policies, contracts, and agreements.
24    To the extent, if any, reserves or assets maintained in the
25separate account are in excess of the amounts needed to satisfy
26claims under the separate account contracts, the excess shall

 

 

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1be treated as part of the general assets of the insurer's
2estate.
3    (2) Within 120 days after the issuance of an Order of
4Liquidation with a finding of insolvency against a domestic
5company, the Director shall make application to the court
6requesting authority to disburse funds to the Illinois
7Insurance Guaranty Fund, the Illinois Life and Health Insurance
8Guaranty Association, the Illinois Health Maintenance
9Organization Guaranty Association, and similar organizations
10in other states from time to time out of the company's
11marshaled assets as funds become available in amounts equal to
12disbursements made by the Illinois Insurance Guaranty Fund, the
13Illinois Life and Health Insurance Guaranty Association, the
14Illinois Health Maintenance Organization Guaranty Association,
15and similar organizations in other states for covered claims
16obligations on the presentation of evidence that such
17disbursements have been made by the Illinois Insurance Guaranty
18Fund, the Illinois Life and Health Insurance Guaranty
19Association, the Illinois Health Maintenance Organization
20Guaranty Association, and similar organizations in other
21states.
22    The Director shall establish procedures for the ratable
23allocation and distribution of disbursements to the Illinois
24Insurance Guaranty Fund, the Illinois Life and Health Insurance
25Guaranty Association, the Illinois Health Maintenance
26Organization Guaranty Association, and similar organizations

 

 

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1in other states. In determining the amounts available for
2disbursement, the Director shall reserve sufficient assets for
3the payment of the expenses of administration described in
4paragraph (1)(a) of this Section. All funds available for
5disbursement after the establishment of the prescribed reserve
6shall be promptly distributed. As a condition to receipt of
7funds in reimbursement of covered claims obligations, the
8Director shall secure from the Illinois Insurance Guaranty
9Fund, the Illinois Life and Health Insurance Guaranty
10Association, the Illinois Health Maintenance Organization
11Guaranty Association, and each similar organization in other
12states, an agreement to return to the Director on demand funds
13previously received as may be required to pay claims of secured
14creditors and claims falling within the priorities established
15in paragraphs (a), (b), (c), and (d) of subsection (1) of this
16Section in accordance with such priorities.
17    (3) The changes made in this Section by this amendatory Act
18of the 100th General Assembly apply to all liquidation,
19rehabilitation, or conservation proceedings that are pending
20on the effective date of this amendatory Act of the 100th
21General Assembly and to all future liquidation,
22rehabilitation, or conservation proceedings.
23    (4) The provisions of this Section are severable under
24Section 1.31 of the Statute on Statutes.
25(Source: P.A. 100-410, eff. 8-25-17.)
 

 

 

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1    Section 10-185. The Illinois Gambling Act is amended by
2changing 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
6the contrary, the Board shall, on written request from any
7person, provide information furnished by an applicant or
8licensee concerning the applicant or licensee, his products,
9services or gambling enterprises and his business holdings, as
10follows:
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

 

 

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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

 

 

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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

 

 

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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
20the contrary, the Board shall, on written request from any
21person, 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

 

 

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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
6disclose 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
11information in accordance with Section 6 of the Freedom of
12Information Act.
13(Source: P.A. 101-31, eff. 6-28-19.)
 
14    Section 10-187. The Sexual Assault Survivors Emergency
15Treatment 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
18directly for certain services; written notice; billing
19protocols.
20    (a) A hospital, approved pediatric health care facility,
21health care professional, ambulance provider, laboratory, or
22pharmacy furnishing medical forensic services, transportation,
23follow-up healthcare, or medication to a sexual assault
24survivor shall not:

 

 

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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
20care provider, ambulance provider, laboratory, or pharmacy
21from billing the sexual assault survivor or any applicable
22health insurance or coverage for inpatient services.
23    (c) Every hospital and approved pediatric health care
24facility providing treatment services to sexual assault
25survivors in accordance with a plan approved under Section 2 of
26this Act shall provide a written notice to a sexual assault

 

 

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1survivor. The written notice must include, but is not limited
2to, 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

 

 

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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
7provide transfer services as defined under Section 1a of this
8Act.
9    (d) Within 60 days after the effective date of this
10amendatory Act of the 99th General Assembly, every health care
11professional, except for those employed by a hospital or
12hospital affiliate, as defined in the Hospital Licensing Act,
13or those employed by a hospital operated under the University
14of Illinois Hospital Act, who bills separately for medical or
15forensic services must develop a billing protocol that ensures
16that no survivor of sexual assault will be sent a bill for any
17medical forensic services and submit the billing protocol to
18the Crime Victim Services Division of the Office of the
19Attorney General for approval. Within 60 days after the
20commencement of the provision of medical forensic services,
21every health care professional, except for those employed by a
22hospital or hospital affiliate, as defined in the Hospital
23Licensing Act, or those employed by a hospital operated under
24the University of Illinois Hospital Act, who bills separately
25for medical or forensic services must develop a billing
26protocol that ensures that no survivor of sexual assault is

 

 

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1sent a bill for any medical forensic services and submit the
2billing protocol to the Crime Victim Services Division of the
3Office of the Attorney General for approval. Health care
4professionals who bill as a legal entity may submit a single
5billing protocol for the billing entity.
6    Within 60 days after the Department's approval of a
7treatment plan, an approved pediatric health care facility and
8any health care professional employed by an approved pediatric
9health care facility must develop a billing protocol that
10ensures that no survivor of sexual assault is sent a bill for
11any medical forensic services and submit the billing protocol
12to the Crime Victim Services Division of the Office of the
13Attorney 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

 

 

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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
6Attorney General may provide a sample acceptable billing
7protocol upon request.
8    The Office of the Attorney General shall approve a proposed
9protocol if it finds that the implementation of the protocol
10would result in no survivor of sexual assault being billed or
11sent a bill for medical forensic services.
12    If the Office of the Attorney General determines that
13implementation of the protocol could result in the billing of a
14survivor of sexual assault for medical forensic services, the
15Office of the Attorney General shall provide the health care
16professional or approved pediatric health care facility with a
17written statement of the deficiencies in the protocol. The
18health care professional or approved pediatric health care
19facility shall have 30 days to submit a revised billing
20protocol addressing the deficiencies to the Office of the
21Attorney General. The health care professional or approved
22pediatric health care facility shall implement the protocol
23upon approval by the Crime Victim Services Division of the
24Office of the Attorney General.
25    The health care professional or approved pediatric health
26care facility shall submit any proposed revision to or

 

 

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1modification of an approved billing protocol to the Crime
2Victim Services Division of the Office of the Attorney General
3for approval. The health care professional or approved
4pediatric health care facility shall implement the revised or
5modified billing protocol upon approval by the Crime Victim
6Services Division of the Office of the Illinois Attorney
7General.
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
11changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103
12as 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
16the records essential to the performance of the Secretary's
17duties under this Code to cancel, revoke or suspend the
18driver's license and privilege to drive motor vehicles of
19certain minors and of persons found guilty of the criminal
20offenses or traffic violations which this Code recognizes as
21evidence relating to unfitness to safely operate motor
22vehicles, the following duties are imposed upon public
23officials:
24        (1) Whenever any person is convicted of any offense for

 

 

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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

 

 

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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),

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
5court, as a result of confiscation by a police officer pursuant
6to the authority in Section 6-113(f), it shall be the duty of
7the clerk, or judge, if the court has no clerk, to forward such
8restricted driving permit and a facsimile of the officer's
9citation to the Secretary of State as expeditiously as
10practicable.
11    (c) For the purposes of this Code, a violation of the
12conditions of pretrial release forfeiture of bail or collateral
13deposited to secure a defendant's appearance in court when the
14conditions of pretrial release have forfeiture has not been
15vacated, or the failure of a defendant to appear for trial
16after depositing his driver's license in lieu of other bail,
17shall be equivalent to a conviction.
18    (d) For the purpose of providing the Secretary of State
19with records necessary to properly monitor and assess driver
20performance and assist the courts in the proper disposition of
21repeat traffic law offenders, the clerk of the court shall
22forward to the Secretary of State, on a form prescribed by the
23Secretary, records of a driver's participation in a driver
24remedial or rehabilitative program which was required, through
25a court order or court supervision, in relation to the driver's
26arrest for a violation of Section 11-501 of this Code or a

 

 

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1similar provision of a local ordinance. The clerk of the court
2shall also forward to the Secretary, either on paper or in an
3electronic format or a computer processible medium as required
4under paragraph (5) of subsection (a) of this Section, any
5disposition of court supervision for any traffic violation,
6excluding those offenses listed in paragraph (2) of subsection
7(a) of this Section. These reports shall be sent within 5 days
8after disposition, or, if the driver is referred to a driver
9remedial or rehabilitative program, within 5 days of the
10driver's referral to that program. These reports received by
11the Secretary of State, including those required to be
12forwarded under paragraph (a)(4), shall be privileged
13information, available only (i) to the affected driver, (ii) to
14the parent or guardian of a person under the age of 18 years
15holding an instruction permit or a graduated driver's license,
16and (iii) for use by the courts, police officers, prosecuting
17authorities, the Secretary of State, and the driver licensing
18administrator of any other state. In accordance with 49 C.F.R.
19Part 384, all reports of court supervision, except violations
20related to parking, shall be forwarded to the Secretary of
21State for all holders of a CLP or CDL or any driver who commits
22an offense while driving a commercial motor vehicle. These
23reports shall be recorded to the driver's record as a
24conviction for use in the disqualification of the driver's
25commercial motor vehicle privileges and shall not be privileged
26information.

 

 

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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
4license or permit; right to a hearing.
5    (a) The Secretary of State is authorized to suspend or
6revoke the driving privileges of any person without preliminary
7hearing upon a showing of the person's records or other
8sufficient 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

 

 

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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

 

 

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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

 

 

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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;

 

 

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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,
3and 27 of this subsection, license means any driver's license,
4any traffic ticket issued when the person's driver's license is
5deposited in lieu of bail, a suspension notice issued by the
6Secretary of State, a duplicate or corrected driver's license,
7a probationary driver's license, or a temporary driver's
8license.
9    (b) If any conviction forming the basis of a suspension or
10revocation authorized under this Section is appealed, the
11Secretary of State may rescind or withhold the entry of the
12order of suspension or revocation, as the case may be, provided
13that a certified copy of a stay order of a court is filed with
14the Secretary of State. If the conviction is affirmed on
15appeal, the date of the conviction shall relate back to the
16time the original judgment of conviction was entered and the
176-month 6 month limitation prescribed shall not apply.
18    (c) 1. Upon suspending or revoking the driver's license or
19permit of any person as authorized in this Section, the
20Secretary of State shall immediately notify the person in
21writing of the revocation or suspension. The notice to be
22deposited in the United States mail, postage prepaid, to the
23last known address of the person.
24    2. If the Secretary of State suspends the driver's license
25of a person under subsection 2 of paragraph (a) of this
26Section, a person's privilege to operate a vehicle as an

 

 

HB3653 Enrolled- 160 -LRB101 05541 RLC 50557 b

1occupation shall not be suspended, provided an affidavit is
2properly completed, the appropriate fee received, and a permit
3issued prior to the effective date of the suspension, unless 5
4offenses were committed, at least 2 of which occurred while
5operating a commercial vehicle in connection with the driver's
6regular occupation. All other driving privileges shall be
7suspended by the Secretary of State. Any driver prior to
8operating a vehicle for occupational purposes only must submit
9the affidavit on forms to be provided by the Secretary of State
10setting forth the facts of the person's occupation. The
11affidavit shall also state the number of offenses committed
12while operating a vehicle in connection with the driver's
13regular occupation. The affidavit shall be accompanied by the
14driver's license. Upon receipt of a properly completed
15affidavit, the Secretary of State shall issue the driver a
16permit to operate a vehicle in connection with the driver's
17regular occupation only. Unless the permit is issued by the
18Secretary of State prior to the date of suspension, the
19privilege to drive any motor vehicle shall be suspended as set
20forth in the notice that was mailed under this Section. If an
21affidavit is received subsequent to the effective date of this
22suspension, a permit may be issued for the remainder of the
23suspension period.
24    The provisions of this subparagraph shall not apply to any
25driver required to possess a CDL for the purpose of operating a
26commercial motor vehicle.

 

 

HB3653 Enrolled- 161 -LRB101 05541 RLC 50557 b

1    Any person who falsely states any fact in the affidavit
2required herein shall be guilty of perjury under Section 6-302
3and upon conviction thereof shall have all driving privileges
4revoked without further rights.
5    3. At the conclusion of a hearing under Section 2-118 of
6this Code, the Secretary of State shall either rescind or
7continue an order of revocation or shall substitute an order of
8suspension; or, good cause appearing therefor, rescind,
9continue, change, or extend the order of suspension. If the
10Secretary of State does not rescind the order, the Secretary
11may upon application, to relieve undue hardship (as defined by
12the rules of the Secretary of State), issue a restricted
13driving permit granting the privilege of driving a motor
14vehicle between the petitioner's residence and petitioner's
15place of employment or within the scope of the petitioner's
16employment-related employment related duties, or to allow the
17petitioner to transport himself or herself, or a family member
18of the petitioner's household to a medical facility, to receive
19necessary medical care, to allow the petitioner to transport
20himself or herself to and from alcohol or drug remedial or
21rehabilitative activity recommended by a licensed service
22provider, or to allow the petitioner to transport himself or
23herself or a family member of the petitioner's household to
24classes, as a student, at an accredited educational
25institution, or to allow the petitioner to transport children,
26elderly persons, or persons with disabilities who do not hold

 

 

HB3653 Enrolled- 162 -LRB101 05541 RLC 50557 b

1driving privileges and are living in the petitioner's household
2to and from daycare. The petitioner must demonstrate that no
3alternative means of transportation is reasonably available
4and that the petitioner will not endanger the public safety or
5welfare.
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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
6subsection (a), reports received by the Secretary of State
7under this Section shall, except during the actual time the
8suspension is in effect, be privileged information and for use
9only by the courts, police officers, prosecuting authorities,
10the driver licensing administrator of any other state, the
11Secretary of State, or the parent or legal guardian of a driver
12under the age of 18. However, beginning January 1, 2008, if the
13person is a CDL holder, the suspension shall also be made
14available to the driver licensing administrator of any other
15state, the U.S. Department of Transportation, and the affected
16driver or motor carrier or prospective motor carrier upon
17request.
18    (c-4) In the case of a suspension under paragraph 43 of
19subsection (a), the Secretary of State shall notify the person
20by mail that his or her driving privileges and driver's license
21will be suspended one month after the date of the mailing of
22the notice.
23    (c-5) The Secretary of State may, as a condition of the
24reissuance of a driver's license or permit to an applicant
25whose driver's license or permit has been suspended before he
26or she reached the age of 21 years pursuant to any of the

 

 

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1provisions of this Section, require the applicant to
2participate in a driver remedial education course and be
3retested under Section 6-109 of this Code.
4    (d) This Section is subject to the provisions of the Driver
5Drivers License Compact.
6    (e) The Secretary of State shall not issue a restricted
7driving permit to a person under the age of 16 years whose
8driving privileges have been suspended or revoked under any
9provisions of this Code.
10    (f) In accordance with 49 C.F.R. 384, the Secretary of
11State may not issue a restricted driving permit for the
12operation of a commercial motor vehicle to a person holding a
13CDL whose driving privileges have been suspended, revoked,
14cancelled, or disqualified under any provisions of this Code.
15(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
16101-470, 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
20provision of a local ordinance for which a violation is a petty
21offense as defined by Section 5-1-17 of the Unified Code of
22Corrections, excluding business offenses as defined by Section
235-1-2 of the Unified Code of Corrections or a violation of
24Section 15-111 or subsection (d) of Section 3-401 of this Code,
25shall not be required to sign the citation or post bond to

 

 

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1secure bail for his or her release. All other provisions of
2this Code or similar provisions of local ordinances shall be
3governed by the pretrial release bail provisions of the
4Illinois Supreme Court Rules when it is not practical or
5feasible to take the person before a judge to have conditions
6of pretrial release bail set or to avoid undue delay because of
7the hour or circumstances.
8    (b) Whenever a person fails to appear in court, the court
9may continue the case for a minimum of 30 days and the clerk of
10the court shall send notice of the continued court date to the
11person's last known address. If the person does not appear in
12court on or before the continued court date or satisfy the
13court that the person's appearance in and surrender to the
14court is impossible for no fault of the person, the court shall
15enter an order of failure to appear. The clerk of the court
16shall notify the Secretary of State, on a report prescribed by
17the Secretary, of the court's order. The Secretary, when
18notified by the clerk of the court that an order of failure to
19appear has been entered, shall immediately suspend the person's
20driver's license, which shall be designated by the Secretary as
21a Failure to Appear suspension. The Secretary shall not remove
22the suspension, nor issue any permit or privileges to the
23person whose license has been suspended, until notified by the
24ordering court that the person has appeared and resolved the
25violation. Upon compliance, the clerk of the court shall
26present the person with a notice of compliance containing the

 

 

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1seal of the court, and shall notify the Secretary that the
2person has appeared and resolved the violation.
3    (c) Illinois Supreme Court Rules shall govern pretrial
4release bail and appearance procedures when a person who is a
5resident of another state that is not a member of the
6Nonresident Violator Compact of 1977 is cited for violating
7this 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.
11Notwithstanding the definitions set forth elsewhere in this
12Code, for purposes of the Uniform Commercial Driver's License
13Act (UCDLA), the words and phrases listed below have the
14meanings ascribed to them as follows:
15    (1) Alcohol. "Alcohol" means any substance containing any
16form of alcohol, including but not limited to ethanol,
17methanol, 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

 

 

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1being "stopped or detained" shall be considered that driver's
2"alcohol concentration" for the purposes of enforcing this
3UCDLA.
4    (3) (Blank).
5    (4) (Blank).
6    (5) (Blank).
7    (5.3) CDLIS driver record. "CDLIS driver record" means the
8electronic record of the individual CDL driver's status and
9history stored by the State-of-Record as part of the Commercial
10Driver's License Information System, or CDLIS, established
11under 49 U.S.C. 31309.
12    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
13record" or "CDLIS MVR" means a report generated from the CDLIS
14driver record meeting the requirements for access to CDLIS
15information and provided by states to users authorized in 49
16C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
17Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
18    (5.7) Commercial driver's license downgrade. "Commercial
19driver'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

 

 

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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.

 

 

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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

 

 

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1have the same meaning as defined in Section 102 of the Illinois
2Controlled Substances Act, and shall also include cannabis as
3defined in Section 3 of the Cannabis Control Act and
4methamphetamine as defined in Section 10 of the Methamphetamine
5Control and Community Protection Act.
6    (8) Conviction. "Conviction" means an unvacated
7adjudication of guilt or a determination that a person has
8violated or failed to comply with the law in a court of
9original jurisdiction or by an authorized administrative
10tribunal; an unvacated revocation of pretrial release or
11forfeiture of bail or collateral deposited to secure the
12person's appearance in court; a plea of guilty or nolo
13contendere accepted by the court; the payment of a fine or
14court cost regardless of whether the imposition of sentence is
15deferred and ultimately a judgment dismissing the underlying
16charge is entered; or a violation of a condition of pretrial
17release without bail, regardless of whether or not the penalty
18is 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,
25operates, or is in physical control of a commercial motor
26vehicle, any person who is required to hold a CDL, or any

 

 

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1person who is a holder of a CDL while operating a
2non-commercial motor vehicle.
3    (13.5) Driver applicant. "Driver applicant" means an
4individual who applies to a state or other jurisdiction to
5obtain, transfer, upgrade, or renew a CDL or to obtain or renew
6a CLP.
7    (13.8) Electronic device. "Electronic device" includes,
8but is not limited to, a cellular telephone, personal digital
9assistant, pager, computer, or any other device used to input,
10write, send, receive, or read text.
11    (14) Employee. "Employee" means a person who is employed as
12a commercial motor vehicle driver. A person who is
13self-employed as a commercial motor vehicle driver must comply
14with the requirements of this UCDLA pertaining to employees. An
15owner-operator on a long-term lease shall be considered an
16employee.
17    (15) Employer. "Employer" means a person (including the
18United States, a State or a local authority) who owns or leases
19a commercial motor vehicle or assigns employees to operate such
20a vehicle. A person who is self-employed as a commercial motor
21vehicle driver must comply with the requirements of this UCDLA.
22    (15.1) Endorsement. "Endorsement" means an authorization
23to an individual's CLP or CDL required to permit the individual
24to operate certain types of commercial motor vehicles.
25    (15.2) Entry-level driver training. "Entry-level driver
26training" means the training an entry-level driver receives

 

 

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1from an entity listed on the Federal Motor Carrier Safety
2Administration's Training Provider Registry prior to: (i)
3taking the CDL skills test required to receive the Class A or
4Class B CDL for the first time; (ii) taking the CDL skills test
5required to upgrade to a Class A or Class B CDL; or (iii)
6taking the CDL skills test required to obtain a passenger or
7school bus endorsement for the first time or the CDL knowledge
8test required to obtain a hazardous materials endorsement for
9the first time.
10    (15.3) Excepted interstate. "Excepted interstate" means a
11person who operates or expects to operate in interstate
12commerce, but engages exclusively in transportation or
13operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
14398.3 from all or part of the qualification requirements of 49
15C.F.R. Part 391 and is not required to obtain a medical
16examiner's certificate by 49 C.F.R. 391.45.
17    (15.5) Excepted intrastate. "Excepted intrastate" means a
18person who operates in intrastate commerce but engages
19exclusively in transportation or operations excepted from all
20or parts of the state driver qualification requirements.
21    (16) (Blank).
22    (16.5) Fatality. "Fatality" means the death of a person as
23a result of a motor vehicle accident.
24    (16.7) Foreign commercial driver. "Foreign commercial
25driver" means a person licensed to operate a commercial motor
26vehicle by an authority outside the United States, or a citizen

 

 

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1of a foreign country who operates a commercial motor vehicle in
2the United States.
3    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
4sovereign jurisdiction that does not fall within the definition
5of "State".
6    (18) (Blank).
7    (19) (Blank).
8    (20) Hazardous materials. "Hazardous material" means any
9material that has been designated under 49 U.S.C. 5103 and is
10required to be placarded under subpart F of 49 C.F.R. part 172
11or any quantity of a material listed as a select agent or toxin
12in 42 C.F.R. part 73.
13    (20.5) Imminent Hazard. "Imminent hazard" means the
14existence of any condition of a vehicle, employee, or
15commercial motor vehicle operations that substantially
16increases the likelihood of serious injury or death if not
17discontinued immediately; or a condition relating to hazardous
18material that presents a substantial likelihood that death,
19serious illness, severe personal injury, or a substantial
20endangerment to health, property, or the environment may occur
21before the reasonably foreseeable completion date of a formal
22proceeding begun to lessen the risk of that death, illness,
23injury or endangerment.
24    (20.6) Issuance. "Issuance" means initial issuance,
25transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
26CLP or CDL.

 

 

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1    (20.7) Issue. "Issue" means initial issuance, transfer,
2renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
3non-domiciled CDL.
4    (21) Long-term lease. "Long-term lease" means a lease of a
5commercial motor vehicle by the owner-lessor to a lessee, for a
6period of more than 29 days.
7    (21.01) Manual transmission. "Manual transmission" means a
8transmission utilizing a driver-operated clutch that is
9activated by a pedal or lever and a gear-shift mechanism
10operated either by hand or foot including those known as a
11stick shift, stick, straight drive, or standard transmission.
12All other transmissions, whether semi-automatic or automatic,
13shall be considered automatic for the purposes of the
14standardized restriction code.
15    (21.1) Medical examiner. "Medical examiner" means an
16individual certified by the Federal Motor Carrier Safety
17Administration and listed on the National Registry of Certified
18Medical Examiners in accordance with Federal Motor Carrier
19Safety Regulations, 49 CFR 390.101 et seq.
20    (21.2) Medical examiner's certificate. "Medical examiner's
21certificate" means either (1) prior to June 22, 2021, a
22document prescribed or approved by the Secretary of State that
23is issued by a medical examiner to a driver to medically
24qualify him or her to drive; or (2) beginning June 22, 2021, an
25electronic submission of results of an examination conducted by
26a medical examiner listed on the National Registry of Certified

 

 

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1Medical Examiners to the Federal Motor Carrier Safety
2Administration of a driver to medically qualify him or her to
3drive.
4    (21.5) Medical variance. "Medical variance" means a driver
5has received one of the following from the Federal Motor
6Carrier Safety Administration which allows the driver to be
7issued a medical certificate: (1) an exemption letter
8permitting operation of a commercial motor vehicle pursuant to
949 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
10skill performance evaluation (SPE) certificate permitting
11operation of a commercial motor vehicle pursuant to 49 C.F.R.
12391.49.
13    (21.7) Mobile telephone. "Mobile telephone" means a mobile
14communication device that falls under or uses any commercial
15mobile radio service, as defined in regulations of the Federal
16Communications Commission, 47 CFR 20.3. It does not include
17two-way or citizens band radio services.
18    (22) Motor Vehicle. "Motor vehicle" means every vehicle
19which is self-propelled, and every vehicle which is propelled
20by electric power obtained from over head trolley wires but not
21operated upon rails, except vehicles moved solely by human
22power and motorized wheel chairs.
23    (22.2) Motor vehicle record. "Motor vehicle record" means a
24report of the driving status and history of a driver generated
25from the driver record provided to users, such as drivers or
26employers, and is subject to the provisions of the Driver

 

 

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1Privacy Protection Act, 18 U.S.C. 2721-2725.
2    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
3combination 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"
6means a person who operates or expects to operate in interstate
7commerce, is subject to and meets the qualification
8requirements under 49 C.F.R. Part 391, and is required to
9obtain a medical examiner's certificate by 49 C.F.R. 391.45.
10    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
11means a person who operates only in intrastate commerce and is
12subject 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,
15respectively, issued by a state or other jurisdiction under
16either 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,

 

 

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1while operating a commercial motor vehicle, of any of the
2following:
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
7vehicle used to transport pre-primary, primary, or secondary
8school students from home to school, from school to home, or to
9and from school-sponsored events. "School bus" does not include
10a bus used as a common carrier.
11    (26) Serious Traffic Violation. "Serious traffic
12violation" 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,

 

 

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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
17District 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
23alphanumeric text into, or reading text from, an electronic
24device.
25        (1) Texting includes, but is not limited to, short
26    message service, emailing, instant messaging, a command or

 

 

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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
19skills test examiner" means a person employed by a third party
20tester who is authorized by the State to administer the CDL
21skills tests specified in 49 C.F.R. Part 383, subparts G and H.
22    (32.5) Third party tester. "Third party tester" means a
23person (including, but not limited to, another state, a motor
24carrier, a private driver training facility or other private
25institution, or a department, agency, or instrumentality of a
26local government) authorized by the State to employ skills test

 

 

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1examiners to administer the CDL skills tests specified in 49
2C.F.R. Part 383, subparts G and H.
3    (32.7) United States. "United States" means the 50 states
4and the District of Columbia.
5    (33) Use a hand-held mobile telephone. "Use a hand-held
6mobile 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
21the provisions of this Chapter unless such violation is by this
22Code or other law of this State declared to be a misdemeanor or
23a felony.
24    (b) General penalties. Unless another penalty is in this
25Code or other laws of this State, every person convicted of a

 

 

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1petty offense for the violation of any provision of this
2Chapter shall be punished by a fine of not more than $500.
3    (c) Unlicensed driving. Except as hereinafter provided a
4violation 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
19Section 6-303 for operating a motor vehicle during a time when
20such licensee's driver's license was suspended under the
21provisions of Section 6-306.3 or 6-308, then such act shall be
22a petty offense (provided the licensee has answered the charge
23which was the basis of the suspension under Section 6-306.3 or
246-308), and there shall be imposed no additional like period of
25suspension as provided in paragraph (b) of Section 6-303.
26    (d) For violations of this Code or a similar provision of a

 

 

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1local ordinance for which a violation is a petty offense as
2defined by Section 5-1-17 of the Unified Code of Corrections,
3excluding business offenses as defined by Section 5-1-2 of the
4Unified Code of Corrections or a violation of Section 15-111 or
5subsection (d) of Section 3-401 of this Code, if the violation
6may be satisfied without a court appearance, the violator may,
7pursuant to Supreme Court Rule, satisfy the case with a written
8plea of guilty and payment of fines, penalties, and costs as
9equal to the bail amount established by the Supreme Court for
10the offense.
11(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
1298-1134, 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
15committed.
16    Whenever a defendant is arrested upon a warrant charging a
17violation of this Act in a county other than that in which such
18warrant was issued, the arresting officer, immediately upon the
19request of the defendant, shall take such defendant before a
20circuit judge or associate circuit judge in the county in which
21the arrest was made who shall admit the defendant to pretrial
22release bail for his appearance before the court named in the
23warrant. On setting the conditions of pretrial release taking
24such bail the circuit judge or associate circuit judge shall
25certify such fact on the warrant and deliver the warrant and

 

 

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1conditions of pretrial release undertaking of bail or other
2security, or the drivers license of such defendant if
3deposited, under the law relating to such licenses, in lieu of
4such security, to the officer having charge of the defendant.
5Such officer shall then immediately discharge the defendant
6from arrest and without delay deliver such warrant and such
7acknowledgment by the defendant of his or her receiving the
8conditions of pretrial release undertaking of bail, or other
9security or drivers license to the court before which the
10defendant is required to appear.
11(Source: P.A. 77-1280.)
 
12    Section 10-191. The Illinois Vehicle Code is amended by
13changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
1411-208.9, and 11-1201.1 as follows:
 
15    (625 ILCS 5/6-209.1)
16    Sec. 6-209.1. Restoration of driving privileges;
17revocation; suspension; cancellation.
18    (a) The Secretary shall rescind the suspension or
19cancellation of a person's driver's license that has been
20suspended or canceled before July 1, 2020 (the effective date
21of Public Act 101-623) this amendatory Act of the 101st General
22Assembly 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

 

 

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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

 

 

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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,
15the Secretary shall rescind the suspension, cancellation, or
16prohibition of renewal of a person's driver's license that has
17been suspended, canceled, or whose renewal has been prohibited
18before the effective date of this amendatory Act of the 101st
19General Assembly due to the person having failed to pay any
20fine or penalty for traffic violations, automated traffic law
21enforcement system violations as defined in Sections 11-208.6,
22and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle
23fees.
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)

 

 

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1    Sec. 11-208.3. Administrative adjudication of violations
2of traffic regulations concerning the standing, parking, or
3condition of vehicles, automated traffic law violations, and
4automated speed enforcement system violations.
5    (a) Any municipality or county may provide by ordinance for
6a system of administrative adjudication of vehicular standing
7and parking violations and vehicle compliance violations as
8described in this subsection, automated traffic law violations
9as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
10automated speed enforcement system violations as defined in
11Section 11-208.8. The administrative system shall have as its
12purpose the fair and efficient enforcement of municipal or
13county regulations through the administrative adjudication of
14automated speed enforcement system or automated traffic law
15violations and violations of municipal or county ordinances
16regulating the standing and parking of vehicles, the condition
17and use of vehicle equipment, and the display of municipal or
18county wheel tax licenses within the municipality's or county's
19borders. The administrative system shall only have authority to
20adjudicate civil offenses carrying fines not in excess of $500
21or requiring the completion of a traffic education program, or
22both, that occur after the effective date of the ordinance
23adopting such a system under this Section. For purposes of this
24Section, "compliance violation" means a violation of a
25municipal or county regulation governing the condition or use
26of equipment on a vehicle or governing the display of a

 

 

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1municipal or county wheel tax license.
2    (b) Any ordinance establishing a system of administrative
3adjudication 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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:

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
8standing, parking, compliance, automated speed enforcement
9system, or automated traffic law regulations under this Section
10may also provide by ordinance for a program of vehicle
11immobilization for the purpose of facilitating enforcement of
12those regulations. The program of vehicle immobilization shall
13provide for immobilizing any eligible vehicle upon the public
14way by presence of a restraint in a manner to prevent operation
15of the vehicle. Any ordinance establishing a program of vehicle
16immobilization 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

 

 

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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,
20standing, compliance, automated speed enforcement system, or
21automated traffic law violations and final administrative
22decisions issued after hearings regarding vehicle
23immobilization and impoundment made under this Section shall be
24subject to the provisions of the Administrative Review Law.
25    (e) Any fine, penalty, incomplete traffic education
26program, or part of any fine or any penalty remaining unpaid

 

 

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1after the exhaustion of, or the failure to exhaust,
2administrative remedies created under this Section and the
3conclusion of any judicial review procedures shall be a debt
4due and owing the municipality or county and, as such, may be
5collected in accordance with applicable law. Completion of any
6required traffic education program and payment in full of any
7fine or penalty resulting from a standing, parking, compliance,
8automated speed enforcement system, or automated traffic law
9violation shall constitute a final disposition of that
10violation.
11    (f) After the expiration of the period within which
12judicial review may be sought for a final determination of
13parking, standing, compliance, automated speed enforcement
14system, or automated traffic law violation, the municipality or
15county may commence a proceeding in the Circuit Court for
16purposes of obtaining a judgment on the final determination of
17violation. Nothing in this Section shall prevent a municipality
18or county from consolidating multiple final determinations of
19parking, standing, compliance, automated speed enforcement
20system, or automated traffic law violations against a person in
21a proceeding. Upon commencement of the action, the municipality
22or county shall file a certified copy or record of the final
23determination of parking, standing, compliance, automated
24speed enforcement system, or automated traffic law violation,
25which shall be accompanied by a certification that recites
26facts sufficient to show that the final determination of

 

 

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1violation was issued in accordance with this Section and the
2applicable municipal or county ordinance. Service of the
3summons and a copy of the petition may be by any method
4provided by Section 2-203 of the Code of Civil Procedure or by
5certified mail, return receipt requested, provided that the
6total amount of fines and penalties for final determinations of
7parking, standing, compliance, automated speed enforcement
8system, or automated traffic law violations does not exceed
9$2500. If the court is satisfied that the final determination
10of parking, standing, compliance, automated speed enforcement
11system, or automated traffic law violation was entered in
12accordance with the requirements of this Section and the
13applicable municipal or county ordinance, and that the
14registered owner or the lessee, as the case may be, had an
15opportunity for an administrative hearing and for judicial
16review as provided in this Section, the court shall render
17judgment in favor of the municipality or county and against the
18registered owner or the lessee for the amount indicated in the
19final determination of parking, standing, compliance,
20automated speed enforcement system, or automated traffic law
21violation, plus costs. The judgment shall have the same effect
22and may be enforced in the same manner as other judgments for
23the recovery of money.
24    (g) The fee for participating in a traffic education
25program under this Section shall not exceed $25.
26    A low-income individual required to complete a traffic

 

 

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1education program under this Section who provides proof of
2eligibility for the federal earned income tax credit under
3Section 32 of the Internal Revenue Code or the Illinois earned
4income tax credit under Section 212 of the Illinois Income Tax
5Act shall not be required to pay any fee for participating in a
6required traffic education program.
7(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
8revised 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
12enforcement system" means a device with one or more motor
13vehicle sensors working in conjunction with a red light signal
14to produce recorded images of motor vehicles entering an
15intersection against a red signal indication in violation of
16Section 11-306 of this Code or a similar provision of a local
17ordinance.
18    An automated traffic law enforcement system is a system, in
19a municipality or county operated by a governmental agency,
20that produces a recorded image of a motor vehicle's violation
21of a provision of this Code or a local ordinance and is
22designed to obtain a clear recorded image of the vehicle and
23the vehicle's license plate. The recorded image must also
24display the time, date, and location of the violation.
25    (b) As used in this Section, "recorded images" means images

 

 

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1recorded 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
10image of a motor vehicle's violation of a provision of this
11Code or a local ordinance must make the recorded images of a
12violation accessible to the alleged violator by providing the
13alleged violator with a website address, accessible through the
14Internet.
15    (c) Except as provided under Section 11-208.8 of this Code,
16a county or municipality, including a home rule county or
17municipality, may not use an automated traffic law enforcement
18system to provide recorded images of a motor vehicle for the
19purpose of recording its speed. Except as provided under
20Section 11-208.8 of this Code, the regulation of the use of
21automated traffic law enforcement systems to record vehicle
22speeds is an exclusive power and function of the State. This
23subsection (c) is a denial and limitation of home rule powers
24and functions under subsection (h) of Section 6 of Article VII
25of the Illinois Constitution.
26    (c-5) A county or municipality, including a home rule

 

 

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1county or municipality, may not use an automated traffic law
2enforcement system to issue violations in instances where the
3motor vehicle comes to a complete stop and does not enter the
4intersection, as defined by Section 1-132 of this Code, during
5the cycle of the red signal indication unless one or more
6pedestrians or bicyclists are present, even if the motor
7vehicle stops at a point past a stop line or crosswalk where a
8driver is required to stop, as specified in subsection (c) of
9Section 11-306 of this Code or a similar provision of a local
10ordinance.
11    (c-6) A county, or a municipality with less than 2,000,000
12inhabitants, including a home rule county or municipality, may
13not use an automated traffic law enforcement system to issue
14violations in instances where a motorcyclist enters an
15intersection against a red signal indication when the red
16signal fails to change to a green signal within a reasonable
17period of time not less than 120 seconds because of a signal
18malfunction or because the signal has failed to detect the
19arrival of the motorcycle due to the motorcycle's size or
20weight.
21    (d) For each violation of a provision of this Code or a
22local ordinance recorded by an automatic traffic law
23enforcement system, the county or municipality having
24jurisdiction shall issue a written notice of the violation to
25the registered owner of the vehicle as the alleged violator.
26The notice shall be delivered to the registered owner of the

 

 

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1vehicle, by mail, within 30 days after the Secretary of State
2notifies the municipality or county of the identity of the
3owner of the vehicle, but in no event later than 90 days after
4the 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