Sen. Elgie R. Sims, Jr.

Filed: 1/10/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3653

2    AMENDMENT NO. ______. Amend House Bill 3653 by replacing
3everything after the enacting clause with the following:
 
4
"Article 1.
5
Deaths in Custody

 
6    Section 1-1. Short title. This Article may be cited as the
7Reporting of Deaths in Custody Act. References in this Article
8to "this Act" mean this Article.
 
9    Section 1-5. Report of deaths of persons in custody in
10correctional institutions.
11    (a) In this Act, "law enforcement agency" includes each law
12enforcement entity within this State having the authority to
13arrest and detain persons suspected of, or charged with,
14committing a criminal offense, and each law enforcement entity
15that operates a lock up, jail, prison, or any other facility

 

 

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1used to detain persons for legitimate law enforcement purposes.
2    (b) In any case in which a person dies:
3        (1) while in the custody of:
4            (A) a law enforcement agency;
5            (B) a local or State correctional facility in this
6        State; or
7            (C) a peace officer; or
8        (2) as a result of the peace officer's use of force,
9    the law enforcement agency shall investigate and report the
10    death in writing to the Attorney General, no later than 30
11    days after the date on which the person in custody or
12    incarcerated died. The written report shall contain the
13    following information:
14            (A) facts concerning the death that are in the
15        possession of the law enforcement agency in charge of
16        the investigation and the correctional facility where
17        the death occurred including, but not limited to, cause
18        and manner of death, race, age, and gender of the
19        decedent;
20            (B) the jurisdiction, the law enforcement agency
21        providing the investigation, and the local or State
22        facility where the death occurred;
23            (C) if emergency care was requested by the law
24        enforcement agency in response to any illness, injury,
25        self-inflicted or otherwise, or other issue related to
26        rapid deterioration of physical wellness or human

 

 

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1        subsistence, and details concerning emergency care
2        that were provided to the decedent if emergency care
3        was provided.
4    (c) The law enforcement agency and the involved
5correctional administrators shall make a good faith effort to
6obtain all relevant facts and circumstances relevant to the
7death and include those in the report.
8    (d) The Attorney General shall create a standardized form
9to be used for the purpose of collecting information as
10described in subsection (b).
11    (e) Law enforcement agencies shall use the form described
12in subsection (d) to report all cases in which a person dies:
13        (1) while in the custody of:
14            (A) a law enforcement agency;
15            (B) a local or State correctional facility in this
16        State; or
17            (C) a peace officer; or
18        (2) as a result of the peace officer's use of force.
19    (f) The Attorney General may determine the manner in which
20the form is transmitted from a law enforcement agency to the
21Attorney General.
22    (g) The reports shall be public records within the meaning
23of subsection (c) of Section 2 of the Freedom of Information
24Act and are open to public inspection, with the exception of
25any portion of the report that the Attorney General determines
26is privileged or protected under Illinois or federal law.

 

 

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1    (h) The Attorney General shall make available to the public
2information of all individual reports relating to deaths in
3custody through the Attorney General's website to be updated on
4a quarterly basis.
5    (i) The Attorney General shall issue a public annual report
6tabulating and evaluating trends and information on deaths in
7custody, including, but not limited to:
8        (1) information regarding cause and manner of death,
9    race, and the gender of the decedent;
10        (2) the jurisdiction, law enforcement agency providing
11    the investigation, and local or State facility where the
12    death occurred; and
13        (3) recommendations and State and local efforts
14    underway to reduce deaths in custody.
15    The report shall be submitted to the Governor and General
16Assembly and made available to the public on the Attorney
17General's website the first week of February of each year.
18    (j) So that the State may oversee the healthcare provided
19to any person in the custody of each law enforcement agency
20within this State, provision of medical services to these
21persons, general care and treatment, and any other factors that
22may contribute to the death of any of these persons, the
23following information shall be made available to the public on
24the Attorney General's website:
25        (1) the number of deaths that occurred during the
26    preceding calendar year;

 

 

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1        (2) the known, or discoverable upon reasonable
2    inquiry, causes and contributing factors of each of the
3    in-custody deaths as defined in subsection (b); and
4        (3) the law enforcement agency's policies, procedures,
5    and protocols related to:
6            (A) treatment of a person experiencing withdrawal
7        from alcohol or substance use;
8            (B) the facility's provision, or lack of
9        provision, of medications used to treat, mitigate, or
10        address a person's symptoms; and
11            (C) notifying an inmate's next of kin after the
12        inmate's in-custody death.
13    (k) The family, next of kin, or any other person reasonably
14nominated by the decedent as an emergency contact shall be
15notified as soon as possible in a suitable manner giving an
16accurate factual account of the cause of death and
17circumstances surrounding the death in custody.
18    (l) The law enforcement agency or correctional facility
19shall name a staff person to act as dedicated family liaison
20officer to be a point of contact for the family, to make and
21maintain contact with the family, to report ongoing
22developments and findings of investigations, and to provide
23information and practical support. If requested by the
24deceased's next of kin, the law enforcement agency or
25correctional facility shall arrange for a chaplain, counselor,
26or other suitable staff member to meet with the family and

 

 

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1discuss any faith considerations or concerns. The family has a
2right to the medical records of a family member who has died in
3custody and these records shall be disclosed to them.
4    (m) It is unlawful for a person who is required under this
5Section to investigate a death or file a report to fail to
6include in the report facts known or discovered in the
7investigation to the Attorney General. A violation of this
8Section is a petty offense, with fine not to exceed $500.
 
9
Article 3.
10
Statewide Use of Force Standardization

 
11    Section 3-1. Short title. This Article may be cited as the
12Statewide Use of Force Standardization Act. References in this
13Article to "this Act" mean this Article.
 
14    Section 3-5. Statement of purpose. It is the intent of the
15General Assembly to establish statewide use of force standards
16for law enforcement agencies effective January 1, 2022.
 
17
Article 4.
18
Prison Gerrymandering

 
19    Section 4-1. Short title. This Article may be cited as the
20Prison Gerrymandering Act. References in this Article to "this
21Act" mean this Article.
 

 

 

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1    Section 4-5. Prison gerrymandering.
2    (a) By April 1 in the year immediately following where the
3federal decennial census is taken but in which the United
4States Bureau of the Census allocates incarcerated persons as
5residents of correctional facilities, the Department of
6Corrections shall deliver to the offices of Speaker of the
7House of Representatives, President of the Senate, Minority
8Leader of the House, and Minority Leader of the Senate
9information regarding the last known place of residence prior
10to incarceration of each inmate incarcerated in a state adult
11correctional facility, except an inmate whose last known place
12of residence is outside Illinois.
13    (b) In the year immediately following when the federal
14decennial census is taken but in which the United States Bureau
15of the Census allocates incarcerated persons as residents of
16correctional facilities, the Secretary of State shall request
17that each agency that operates a federal correctional facility
18in this State that incarcerates persons convicted of a criminal
19offense to provide the Secretary of State with a report that
20includes the last known place of residence prior to
21incarceration of each inmate, except an inmate whose last known
22place of residence is outside Illinois. The Secretary of State
23shall deliver such report to the offices of Speaker of the
24House of Representatives, President of the Senate, Minority
25Leader of the House, and Minority Leader of the Senate by April

 

 

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11 of the year immediately following the federal decennial
2census.
3    (c) For purposes of reapportionment and redistricting, the
4General Assembly shall count each incarcerated person as
5residing at his or her last known place of residence, rather
6than at the institution of his or her incarceration.
 
7
Article 5.
8
Police Integrity and Accountability

 
9    Section 5-1. Short title. This Article may be cited as the
10Police Integrity and Accountability Act. References in this
11Article to "this Act" mean this Article.
 
12    Section 5-5. Right of action.
13    (a) A peace officer, as defined in Section 2-13 of the
14Criminal Code of 2012, who subjects or causes to be subjected,
15including by failing to intervene, any other person to the
16deprivation of any individual rights arising under the Illinois
17Constitution, is liable to the injured party for legal or
18equitable relief or any other appropriate relief.
19    (b) Sovereign immunities and statutory immunities and
20statutory limitations on liability, damages, or attorney's
21fees do not apply to claims brought under this Section. The
22Local Governmental and Governmental Employees Tort Immunity
23Act does not apply to claims brought under this Section.

 

 

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1    (c) Qualified immunity is not a defense to liability under
2this Section.
3    (d) In any action brought under this Section, a court shall
4award reasonable attorney's fees and costs to the plaintiff,
5including expert witness fees and other litigation expenses, if
6they are a prevailing party as defined in subsection (d) of
7Section 5 of the Illinois Civil Rights Act of 2003. In actions
8for injunctive relief, a court shall deem a plaintiff to have
9prevailed if the plaintiff's suit was a substantial factor or
10significant catalyst in obtaining the results sought by the
11litigation. When a judgment is entered in favor of a defendant,
12the court may award reasonable costs and attorney's fees to the
13defendant for defending claims the court finds frivolous.
14    (e) A civil action under this Section must be commenced
15within 5 years after the cause of action accrues.
 
16    Section 5-10. Reporting of judgments and settlements.
17    (a) Any unit of local government that employs a peace
18officer who incurs liability under this Act, whether in the
19form of judgment or settlement entered against the peace
20officer for claims arising under this Act, shall publicly
21disclose:
22        (1) the name of any peace officer or officers whose
23    actions or conduct led to the judgment or settlement;
24        (2) the amount of the judgment or settlement, and the
25    portion of that judgment or settlement, if any, indemnified

 

 

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1    by the unit of local government;
2        (3) any internal discipline taken against the peace
3    officer or officers whose actions or conduct led to the
4    judgment or settlement; and
5        (4) any criminal charges pursued against the peace
6    officer or officers for the actions or conduct that led to
7    the judgment or settlement.
8    (b) The unit of local government shall not disclose the
9address, social security number, or other unique, non-public
10personal identifying information of any individual who brings a
11claim under this Act.
 
12
Article 10.
13
Amendatory Provisions

 
14    Section 10-105. The Statute on Statutes is amended by
15adding Section 1.43 as follows:
 
16    (5 ILCS 70/1.43 new)
17    Sec. 1.43. Reference to bail, bail bond, or conditions of
18bail. Whenever there is a reference in any Act to "bail", "bail
19bond", or "conditions of bail", these terms shall be construed
20as "pretrial release" or "conditions of pretrial release".
 
21    Section 10-110. The Freedom of Information Act is amended
22by changing Section 2.15 as follows:
 

 

 

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1    (5 ILCS 140/2.15)
2    Sec. 2.15. Arrest reports and criminal history records.
3    (a) Arrest reports. The following chronologically
4maintained arrest and criminal history information maintained
5by State or local criminal justice agencies shall be furnished
6as soon as practical, but in no event later than 72 hours after
7the arrest, notwithstanding the time limits otherwise provided
8for in Section 3 of this Act: (i) information that identifies
9the individual, including the name, age, address, and
10photograph, when and if available; (ii) information detailing
11any charges relating to the arrest; (iii) the time and location
12of the arrest; (iv) the name of the investigating or arresting
13law enforcement agency; (v) if the individual is incarcerated,
14the conditions of pretrial release amount of any bail or bond;
15and (vi) if the individual is incarcerated, the time and date
16that the individual was received into, discharged from, or
17transferred from the arresting agency's custody.
18    (b) Criminal history records. The following documents
19maintained by a public body pertaining to criminal history
20record information are public records subject to inspection and
21copying by the public pursuant to this Act: (i) court records
22that are public; (ii) records that are otherwise available
23under State or local law; and (iii) records in which the
24requesting party is the individual identified, except as
25provided under Section 7(1)(d)(vi).

 

 

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1    (c) Information described in items (iii) through (vi) of
2subsection (a) may be withheld if it is determined that
3disclosure would: (i) interfere with pending or actually and
4reasonably contemplated law enforcement proceedings conducted
5by any law enforcement agency; (ii) endanger the life or
6physical safety of law enforcement or correctional personnel or
7any other person; or (iii) compromise the security of any
8correctional facility.
9    (d) The provisions of this Section do not supersede the
10confidentiality provisions for law enforcement or arrest
11records of the Juvenile Court Act of 1987.
12    (e) Notwithstanding the requirements of subsection (a), a
13law enforcement agency may not publish booking photographs,
14commonly known as "mugshots", on its social networking website
15in connection with civil offenses, petty offenses, business
16offenses, Class C misdemeanors, and Class B misdemeanors unless
17the booking photograph is posted to the social networking
18website to assist in the search for a missing person or to
19assist in the search for a fugitive, person of interest, or
20individual wanted in relation to a crime other than a petty
21offense, business offense, Class C misdemeanor, or Class B
22misdemeanor. As used in this subsection, "social networking
23website" has the meaning provided in Section 10 of the Right to
24Privacy in the Workplace Act.
25(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
 

 

 

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1    Section 10-115. The State Records Act is amended by
2changing Section 4a as follows:
 
3    (5 ILCS 160/4a)
4    Sec. 4a. Arrest records and reports.
5    (a) When an individual is arrested, the following
6information must be made available to the news media for
7inspection and copying:
8        (1) Information that identifies the individual,
9    including the name, age, address, and photograph, when and
10    if available.
11        (2) Information detailing any charges relating to the
12    arrest.
13        (3) The time and location of the arrest.
14        (4) The name of the investigating or arresting law
15    enforcement agency.
16        (5) If the individual is incarcerated, the conditions
17    of pretrial release amount of any bail or bond.
18        (6) If the individual is incarcerated, the time and
19    date that the individual was received, discharged, or
20    transferred from the arresting agency's custody.
21    (b) The information required by this Section must be made
22available to the news media for inspection and copying as soon
23as practicable, but in no event shall the time period exceed 72
24hours from the arrest. The information described in paragraphs
25(3), (4), (5), and (6) of subsection (a), however, may be

 

 

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

 

 

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1under this Section is subject to the provisions of Section 2QQQ
2of the Consumer Fraud and Deceptive Business Practices Act.
3    (g) Notwithstanding the requirements of subsection (a), a
4law enforcement agency may not publish booking photographs,
5commonly known as "mugshots", on its social networking website
6in connection with civil offenses, petty offenses, business
7offenses, Class C misdemeanors, and Class B misdemeanors unless
8the booking photograph is posted to the social networking
9website to assist in the search for a missing person or to
10assist in the search for a fugitive, person of interest, or
11individual wanted in relation to a crime other than a petty
12offense, business offense, Class C misdemeanor, or Class B
13misdemeanor. As used in this subsection, "social networking
14website" has the meaning provided in Section 10 of the Right to
15Privacy in the Workplace Act.
16(Source: P.A. 101-433, eff. 8-20-19.)
 
17    Section 10-116. The Illinois Public Labor Relations Act is
18amended by changing Sections 4, 8, 14 and 20 as follows:
 
19    (5 ILCS 315/4)  (from Ch. 48, par. 1604)
20    (Text of Section WITH the changes made by P.A. 98-599,
21which has been held unconstitutional)
22    Sec. 4. Management Rights. Employers shall not be required
23to bargain over matters of inherent managerial policy, which
24shall include such areas of discretion or policy as the

 

 

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1functions of the employer, standards of services, its overall
2budget, the organizational structure and selection of new
3employees, examination techniques and direction of employees.
4Employers, however, shall be required to bargain collectively
5with regard to policy matters directly affecting wages, hours
6and terms and conditions of employment as well as the impact
7thereon upon request by employee representatives, except as
8provided in Section 7.5.
9    To preserve the rights of employers and exclusive
10representatives which have established collective bargaining
11relationships or negotiated collective bargaining agreements
12prior to the effective date of this Act, employers shall be
13required to bargain collectively with regard to any matter
14concerning wages, hours or conditions of employment about which
15they have bargained for and agreed to in a collective
16bargaining agreement prior to the effective date of this Act,
17except as provided in Section 7.5.
18    The chief judge of the judicial circuit that employs a
19public employee who is a court reporter, as defined in the
20Court Reporters Act, has the authority to hire, appoint,
21promote, evaluate, discipline, and discharge court reporters
22within that judicial circuit.
23    Nothing in this amendatory Act of the 94th General Assembly
24shall be construed to intrude upon the judicial functions of
25any court. This amendatory Act of the 94th General Assembly
26applies only to nonjudicial administrative matters relating to

 

 

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1the collective bargaining rights of court reporters.
2(Source: P.A. 98-599, eff. 6-1-14.)
 
3    (Text of Section WITHOUT the changes made by P.A. 98-599,
4which has been held unconstitutional)
5    Sec. 4. Management Rights. Employers shall not be required
6to bargain over matters of inherent managerial policy, which
7shall include such areas of discretion or policy as the
8functions of the employer, standards of services, its overall
9budget, the organizational structure and selection of new
10employees, examination techniques, and direction of employees,
11and the discipline or discharge of peace officers. Employers,
12however, shall be required to bargain collectively with regard
13to policy matters directly affecting wages, hours and terms and
14conditions of employment as well as the impact thereon upon
15request by employee representatives. Notwithstanding any
16provision of this Act, employers shall not be required to
17bargain over matters relating to the discipline or discharge of
18peace officers. Provisions in existing collective bargaining
19agreements that address the discipline or discharge of peace
20officers shall lapse by operation of law on the renewal or
21extension of existing collective bargaining agreements by
22whatever means, or the approval of a collective bargaining
23agreement by the corporate authorities of the employer after
24the effective date of this Act, without imposing a duty to
25bargain on employers.

 

 

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1    To preserve the rights of employers and exclusive
2representatives which have established collective bargaining
3relationships or negotiated collective bargaining agreements
4prior to the effective date of this Act, employers shall be
5required to bargain collectively with regard to any matter
6concerning wages, hours or conditions of employment about which
7they have bargained for and agreed to in a collective
8bargaining agreement prior to the effective date of this Act.
9    The chief judge of the judicial circuit that employs a
10public employee who is a court reporter, as defined in the
11Court Reporters Act, has the authority to hire, appoint,
12promote, evaluate, discipline, and discharge court reporters
13within that judicial circuit.
14    Nothing in this amendatory Act of the 94th General Assembly
15shall be construed to intrude upon the judicial functions of
16any court. This amendatory Act of the 94th General Assembly
17applies only to nonjudicial administrative matters relating to
18the collective bargaining rights of court reporters.
19(Source: P.A. 94-98, eff. 7-1-05.)
 
20    (5 ILCS 315/8)  (from Ch. 48, par. 1608)
21    Sec. 8. Grievance Procedure. The collective bargaining
22agreement negotiated between the employer and the exclusive
23representative shall contain a grievance resolution procedure
24which shall apply to all employees in the bargaining unit,
25except as to disputes regarding the discipline or discharge of

 

 

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1peace officers, and shall provide for final and binding
2arbitration of disputes concerning the administration or
3interpretation of the agreement unless mutually agreed
4otherwise. Any agreement containing a final and binding
5arbitration provision shall also contain a provision
6prohibiting strikes for the duration of the agreement. The
7grievance and arbitration provisions of any collective
8bargaining agreement shall be subject to the Illinois "Uniform
9Arbitration Act". The costs of such arbitration shall be borne
10equally by the employer and the employee organization.
11(Source: P.A. 83-1012.)
 
12    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
13    Sec. 14. Security employee, peace officer and fire fighter
14disputes.
15    (a) In the case of collective bargaining agreements
16involving units of security employees of a public employer,
17Peace Officer Units, or units of fire fighters or paramedics,
18and in the case of disputes under Section 18, unless the
19parties mutually agree to some other time limit, mediation
20shall commence 30 days prior to the expiration date of such
21agreement or at such later time as the mediation services
22chosen under subsection (b) of Section 12 can be provided to
23the parties. In the case of negotiations for an initial
24collective bargaining agreement, mediation shall commence upon
2515 days notice from either party or at such later time as the

 

 

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

 

 

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

 

 

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1hearing. The hearing shall be held at the offices of the Board
2or at such other location as the Board deems appropriate. The
3chairman shall preside over the hearing and shall take
4testimony. Any oral or documentary evidence and other data
5deemed relevant by the arbitration panel may be received in
6evidence. The proceedings shall be informal. Technical rules of
7evidence shall not apply and the competency of the evidence
8shall not thereby be deemed impaired. A verbatim record of the
9proceedings shall be made and the arbitrator shall arrange for
10the necessary recording service. Transcripts may be ordered at
11the expense of the party ordering them, but the transcripts
12shall not be necessary for a decision by the arbitration panel.
13The expense of the proceedings, including a fee for the
14chairman, shall be borne equally by each of the parties to the
15dispute. The delegates, if public officers or employees, shall
16continue on the payroll of the public employer without loss of
17pay. The hearing conducted by the arbitration panel may be
18adjourned from time to time, but unless otherwise agreed by the
19parties, shall be concluded within 30 days of the time of its
20commencement. Majority actions and rulings shall constitute
21the actions and rulings of the arbitration panel. Arbitration
22proceedings under this Section shall not be interrupted or
23terminated by reason of any unfair labor practice charge filed
24by either party at any time.
25    (e) The arbitration panel may administer oaths, require the
26attendance of witnesses, and the production of such books,

 

 

10100HB3653sam001- 23 -LRB101 05541 RLC 74780 a

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

 

 

10100HB3653sam001- 24 -LRB101 05541 RLC 74780 a

1of the arbitration panel as to the issues in dispute and as to
2which of these issues are economic shall be conclusive. The
3arbitration panel, within 30 days after the conclusion of the
4hearing, or such further additional periods to which the
5parties may agree, shall make written findings of fact and
6promulgate a written opinion and shall mail or otherwise
7deliver a true copy thereof to the parties and their
8representatives and to the Board. As to each economic issue,
9the arbitration panel shall adopt the last offer of settlement
10which, in the opinion of the arbitration panel, more nearly
11complies with the applicable factors prescribed in subsection
12(h). The findings, opinions and order as to all other issues
13shall be based upon the applicable factors prescribed in
14subsection (h).
15    (h) Where there is no agreement between the parties, or
16where there is an agreement but the parties have begun
17negotiations or discussions looking to a new agreement or
18amendment of the existing agreement, and wage rates or other
19conditions of employment under the proposed new or amended
20agreement are in dispute, the arbitration panel shall base its
21findings, opinions and order upon the following factors, as
22applicable:
23        (1) The lawful authority of the employer.
24        (2) Stipulations of the parties.
25        (3) The interests and welfare of the public and the
26    financial ability of the unit of government to meet those

 

 

10100HB3653sam001- 25 -LRB101 05541 RLC 74780 a

1    costs.
2        (4) Comparison of the wages, hours and conditions of
3    employment of the employees involved in the arbitration
4    proceeding with the wages, hours and conditions of
5    employment of other employees performing similar services
6    and with other employees generally:
7            (A) In public employment in comparable
8        communities.
9            (B) In private employment in comparable
10        communities.
11        (5) The average consumer prices for goods and services,
12    commonly known as the cost of living.
13        (6) The overall compensation presently received by the
14    employees, including direct wage compensation, vacations,
15    holidays and other excused time, insurance and pensions,
16    medical and hospitalization benefits, the continuity and
17    stability of employment and all other benefits received.
18        (7) Changes in any of the foregoing circumstances
19    during the pendency of the arbitration proceedings.
20        (8) Such other factors, not confined to the foregoing,
21    which are normally or traditionally taken into
22    consideration in the determination of wages, hours and
23    conditions of employment through voluntary collective
24    bargaining, mediation, fact-finding, arbitration or
25    otherwise between the parties, in the public service or in
26    private employment.

 

 

10100HB3653sam001- 26 -LRB101 05541 RLC 74780 a

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

 

 

10100HB3653sam001- 27 -LRB101 05541 RLC 74780 a

1residency requirements shall not allow residency outside of
2Illinois) and shall not include the following matters: i)
3residency requirements in municipalities with a population of
4at least 1,000,000; ii) the type of equipment (other than
5uniforms and fire fighter turnout gear) issued or used; iii)
6the total number of employees employed by the department; iv)
7mutual aid and assistance agreements to other units of
8government; and v) the criterion pursuant to which force,
9including deadly force, can be used; and vii) the discipline or
10discharge of peace officers; provided, however, nothing herein
11shall preclude an arbitration decision regarding equipment
12levels if such decision is based on a finding that the
13equipment considerations in a specific work assignment involve
14a serious risk to the safety of a fire fighter beyond that
15which is inherent in the normal performance of fire fighter
16duties. Limitation of the terms of the arbitration decision
17pursuant to this subsection shall not be construed to limit the
18facts upon which the decision may be based, as set forth in
19subsection (h).
20    The changes to this subsection (i) made by Public Act
2190-385 (relating to residency requirements) do not apply to
22persons who are employed by a combined department that performs
23both police and firefighting services; these persons shall be
24governed by the provisions of this subsection (i) relating to
25peace officers, as they existed before the amendment by Public
26Act 90-385.

 

 

10100HB3653sam001- 28 -LRB101 05541 RLC 74780 a

1    To preserve historical bargaining rights, this subsection
2shall not apply to any provision of a fire fighter collective
3bargaining agreement in effect and applicable on the effective
4date of this Act; provided, however, nothing herein shall
5preclude arbitration with respect to any such provision.
6    (j) Arbitration procedures shall be deemed to be initiated
7by the filing of a letter requesting mediation as required
8under subsection (a) of this Section. The commencement of a new
9municipal fiscal year after the initiation of arbitration
10procedures under this Act, but before the arbitration decision,
11or its enforcement, shall not be deemed to render a dispute
12moot, or to otherwise impair the jurisdiction or authority of
13the arbitration panel or its decision. Increases in rates of
14compensation awarded by the arbitration panel may be effective
15only at the start of the fiscal year next commencing after the
16date of the arbitration award. If a new fiscal year has
17commenced either since the initiation of arbitration
18procedures under this Act or since any mutually agreed
19extension of the statutorily required period of mediation under
20this Act by the parties to the labor dispute causing a delay in
21the initiation of arbitration, the foregoing limitations shall
22be inapplicable, and such awarded increases may be retroactive
23to the commencement of the fiscal year, any other statute or
24charter provisions to the contrary, notwithstanding. At any
25time the parties, by stipulation, may amend or modify an award
26of arbitration.

 

 

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1    (k) Orders of the arbitration panel shall be reviewable,
2upon appropriate petition by either the public employer or the
3exclusive bargaining representative, by the circuit court for
4the county in which the dispute arose or in which a majority of
5the affected employees reside, but only for reasons that the
6arbitration panel was without or exceeded its statutory
7authority; the order is arbitrary, or capricious; or the order
8was procured by fraud, collusion or other similar and unlawful
9means. Such petitions for review must be filed with the
10appropriate circuit court within 90 days following the issuance
11of the arbitration order. The pendency of such proceeding for
12review shall not automatically stay the order of the
13arbitration panel. The party against whom the final decision of
14any such court shall be adverse, if such court finds such
15appeal or petition to be frivolous, shall pay reasonable
16attorneys' fees and costs to the successful party as determined
17by said court in its discretion. If said court's decision
18affirms the award of money, such award, if retroactive, shall
19bear interest at the rate of 12 percent per annum from the
20effective retroactive date.
21    (l) During the pendency of proceedings before the
22arbitration panel, existing wages, hours, and other conditions
23of employment shall not be changed by action of either party
24without the consent of the other but a party may so consent
25without prejudice to his rights or position under this Act. The
26proceedings are deemed to be pending before the arbitration

 

 

10100HB3653sam001- 30 -LRB101 05541 RLC 74780 a

1panel upon the initiation of arbitration procedures under this
2Act.
3    (m) Security officers of public employers, and Peace
4Officers, Fire Fighters and fire department and fire protection
5district paramedics, covered by this Section may not withhold
6services, nor may public employers lock out or prevent such
7employees from performing services at any time.
8    (n) All of the terms decided upon by the arbitration panel
9shall be included in an agreement to be submitted to the public
10employer's governing body for ratification and adoption by law,
11ordinance or the equivalent appropriate means.
12    The governing body shall review each term decided by the
13arbitration panel. If the governing body fails to reject one or
14more terms of the arbitration panel's decision by a 3/5 vote of
15those duly elected and qualified members of the governing body,
16within 20 days of issuance, or in the case of firefighters
17employed by a state university, at the next regularly scheduled
18meeting of the governing body after issuance, such term or
19terms shall become a part of the collective bargaining
20agreement of the parties. If the governing body affirmatively
21rejects one or more terms of the arbitration panel's decision,
22it must provide reasons for such rejection with respect to each
23term so rejected, within 20 days of such rejection and the
24parties shall return to the arbitration panel for further
25proceedings and issuance of a supplemental decision with
26respect to the rejected terms. Any supplemental decision by an

 

 

10100HB3653sam001- 31 -LRB101 05541 RLC 74780 a

1arbitration panel or other decision maker agreed to by the
2parties shall be submitted to the governing body for
3ratification and adoption in accordance with the procedures and
4voting requirements set forth in this Section. The voting
5requirements of this subsection shall apply to all disputes
6submitted to arbitration pursuant to this Section
7notwithstanding any contrary voting requirements contained in
8any existing collective bargaining agreement between the
9parties.
10    (o) If the governing body of the employer votes to reject
11the panel's decision, the parties shall return to the panel
12within 30 days from the issuance of the reasons for rejection
13for further proceedings and issuance of a supplemental
14decision. All reasonable costs of such supplemental proceeding
15including the exclusive representative's reasonable attorney's
16fees, as established by the Board, shall be paid by the
17employer.
18    (p) Notwithstanding the provisions of this Section the
19employer and exclusive representative may agree to submit
20unresolved disputes concerning wages, hours, terms and
21conditions of employment to an alternative form of impasse
22resolution.
23(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
 
24    (5 ILCS 315/20)  (from Ch. 48, par. 1620)
25    Sec. 20. Prohibitions.

 

 

10100HB3653sam001- 32 -LRB101 05541 RLC 74780 a

1    (a) Nothing in this Act shall be construed to require an
2individual employee to render labor or service without his
3consent, nor shall anything in this Act be construed to make
4the quitting of his labor by an individual employee an illegal
5act; nor shall any court issue any process to compel the
6performance by an individual employee of such labor or service,
7without his consent; nor shall the quitting of labor by an
8employee or employees in good faith because of abnormally
9dangerous conditions for work at the place of employment of
10such employee be deemed a strike under this Act.
11    (b) This Act shall not be applicable to units of local
12government employing less than 5 employees at the time the
13Petition for Certification or Representation is filed with the
14Board. This prohibition shall not apply to bargaining units in
15existence on the effective date of this Act and units of local
16government employing more than 5 employees where the total
17number of employees falls below 5 after the Board has certified
18a bargaining unit.
19    (c) On or after the effective date of this amendatory Act
20of the 101st General Assembly, no collective bargaining
21agreement applicable to peace officers, including, but not
22limited to, the Illinois State Police, shall be entered into
23containing any provision that does not pertain directly to
24wages or benefits, or both, including any provision pertaining
25to discipline.
26(Source: P.A. 93-442, eff. 1-1-04; 93-1080, eff. 6-1-05; 94-67,

 

 

10100HB3653sam001- 33 -LRB101 05541 RLC 74780 a

1eff. 1-1-06.)
 
2    Section 10-116.5. The Community-Law Enforcement
3Partnership for Deflection and Substance Use Disorder
4Treatment Act is amended by changing Sections 1, 5, 10, 15, 20,
530, and 35 and by adding Section 21 as follows:
 
6    (5 ILCS 820/1)
7    Sec. 1. Short title. This Act may be cited as the
8Community-Law Enforcement and Other First Responder
9Partnership for Deflection and Substance Use Disorder
10Treatment Act.
11(Source: P.A. 100-1025, eff. 1-1-19.)
 
12    (5 ILCS 820/5)
13    Sec. 5. Purposes. The General Assembly hereby acknowledges
14that opioid use disorders, overdoses, and deaths in Illinois
15are persistent and growing concerns for Illinois communities.
16These concerns compound existing challenges to adequately
17address and manage substance use and mental health disorders.
18Law enforcement officers, other first responders, and
19co-responders have a unique opportunity to facilitate
20connections to community-based behavioral health interventions
21that provide substance use treatment and can help save and
22restore lives; help reduce drug use, overdose incidence,
23criminal offending, and recidivism; and help prevent arrest and

 

 

10100HB3653sam001- 34 -LRB101 05541 RLC 74780 a

1conviction records that destabilize health, families, and
2opportunities for community citizenship and self-sufficiency.
3These efforts are bolstered when pursued in partnership with
4licensed behavioral health treatment providers and community
5members or organizations. It is the intent of the General
6Assembly to authorize law enforcement and other first
7responders to develop and implement collaborative deflection
8programs in Illinois that offer immediate pathways to substance
9use treatment and other services as an alternative to
10traditional case processing and involvement in the criminal
11justice system, and to unnecessary admission to emergency
12departments.
13(Source: P.A. 100-1025, eff. 1-1-19.)
 
14    (5 ILCS 820/10)
15    Sec. 10. Definitions. In this Act:
16    "Case management" means those services which will assist
17persons in gaining access to needed social, educational,
18medical, substance use and mental health treatment, and other
19services.
20    "Community member or organization" means an individual
21volunteer, resident, public office, or a not-for-profit
22organization, religious institution, charitable organization,
23or other public body committed to the improvement of individual
24and family mental and physical well-being and the overall
25social welfare of the community, and may include persons with

 

 

10100HB3653sam001- 35 -LRB101 05541 RLC 74780 a

1lived experience in recovery from substance use disorder,
2either themselves or as family members.
3    "Other first responder" means and includes emergency
4medical services providers that are public units of government,
5fire departments and districts, and officials and responders
6representing and employed by these entities.
7    "Deflection program" means a program in which a peace
8officer or member of a law enforcement agency or other first
9responder facilitates contact between an individual and a
10licensed substance use treatment provider or clinician for
11assessment and coordination of treatment planning, including
12co-responder approaches that incorporate behavioral health,
13peer, or social work professionals with law enforcement or
14other first responders at the scene. This facilitation includes
15defined criteria for eligibility and communication protocols
16agreed to by the law enforcement agency or other first
17responder entity and the licensed treatment provider for the
18purpose of providing substance use treatment to those persons
19in lieu of arrest or further justice system involvement, or
20unnecessary admissions to the emergency department. Deflection
21programs may include, but are not limited to, the following
22types of responses:
23        (1) a post-overdose deflection response initiated by a
24    peace officer or law enforcement agency subsequent to
25    emergency administration of medication to reverse an
26    overdose, or in cases of severe substance use disorder with

 

 

10100HB3653sam001- 36 -LRB101 05541 RLC 74780 a

1    acute risk for overdose;
2        (2) a self-referral deflection response initiated by
3    an individual by contacting a peace officer or law
4    enforcement agency or other first responder in the
5    acknowledgment of their substance use or disorder;
6        (3) an active outreach deflection response initiated
7    by a peace officer or law enforcement agency or other first
8    responder as a result of proactive identification of
9    persons thought likely to have a substance use disorder;
10        (4) an officer or other first responder prevention
11    deflection response initiated by a peace officer or law
12    enforcement agency in response to a community call when no
13    criminal charges are present; and
14        (5) an officer intervention deflection response when
15    criminal charges are present but held in abeyance pending
16    engagement with treatment.
17    "Law enforcement agency" means a municipal police
18department or county sheriff's office of this State, the
19Department of State Police, or other law enforcement agency
20whose officers, by statute, are granted and authorized to
21exercise powers similar to those conferred upon any peace
22officer employed by a law enforcement agency of this State.
23    "Licensed treatment provider" means an organization
24licensed by the Department of Human Services to perform an
25activity or service, or a coordinated range of those activities
26or services, as the Department of Human Services may establish

 

 

10100HB3653sam001- 37 -LRB101 05541 RLC 74780 a

1by rule, such as the broad range of emergency, outpatient,
2intensive outpatient, and residential services and care,
3including assessment, diagnosis, case management, medical,
4psychiatric, psychological and social services,
5medication-assisted treatment, care and counseling, and
6recovery support, which may be extended to persons to assess or
7treat substance use disorder or to families of those persons.
8    "Peace officer" means any peace officer or member of any
9duly organized State, county, or municipal peace officer unit,
10any police force of another State, or any police force whose
11members, by statute, are granted and authorized to exercise
12powers similar to those conferred upon any peace officer
13employed by a law enforcement agency of this State.
14    "Substance use disorder" means a pattern of use of alcohol
15or other drugs leading to clinical or functional impairment, in
16accordance with the definition in the Diagnostic and
17Statistical Manual of Mental Disorders (DSM-5), or in any
18subsequent editions.
19    "Treatment" means the broad range of emergency,
20outpatient, intensive outpatient, and residential services and
21care (including assessment, diagnosis, case management,
22medical, psychiatric, psychological and social services,
23medication-assisted treatment, care and counseling, and
24recovery support) which may be extended to persons who have
25substance use disorders, persons with mental illness, or
26families of those persons.

 

 

10100HB3653sam001- 38 -LRB101 05541 RLC 74780 a

1(Source: P.A. 100-1025, eff. 1-1-19.)
 
2    (5 ILCS 820/15)
3    Sec. 15. Authorization.
4    (a) Any law enforcement agency or other first responder
5entity may establish a deflection program subject to the
6provisions of this Act in partnership with one or more licensed
7providers of substance use disorder treatment services and one
8or more community members or organizations. Programs
9established by another first responder entity shall also
10include a law enforcement agency.
11    (b) The deflection program may involve a post-overdose
12deflection response, a self-referral deflection response, an
13active outreach deflection response, an officer or other first
14responder prevention deflection response, or an officer
15intervention deflection response, or any combination of those.
16    (c) Nothing shall preclude the General Assembly from adding
17other responses to a deflection program, or preclude a law
18enforcement agency or other first responder entity from
19developing a deflection program response based on a model
20unique and responsive to local issues, substance use or mental
21health needs, and partnerships, using sound and promising or
22evidence-based practices.
23    (c-5) Whenever appropriate and available, case management
24should be provided by a licensed treatment provider or other
25appropriate provider and may include peer recovery support

 

 

10100HB3653sam001- 39 -LRB101 05541 RLC 74780 a

1approaches.
2    (d) To receive funding for activities as described in
3Section 35 of this Act, planning for the deflection program
4shall include:
5        (1) the involvement of one or more licensed treatment
6    programs and one or more community members or
7    organizations; and
8        (2) an agreement with the Illinois Criminal Justice
9    Information Authority to collect and evaluate relevant
10    statistical data related to the program, as established by
11    the Illinois Criminal Justice Information Authority in
12    paragraph (2) of subsection (a) of Section 25 of this Act.
13        (3) an agreement with participating licensed treatment
14    providers authorizing the release of statistical data to
15    the Illinois Criminal Justice Information Authority, in
16    compliance with State and Federal law, as established by
17    the Illinois Criminal Justice Information Authority in
18    paragraph (2) of subsection (a) of Section 25 of this Act.
19(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
20    (5 ILCS 820/20)
21    Sec. 20. Procedure. The law enforcement agency or other
22first responder entity, licensed treatment providers, and
23community members or organizations shall establish a local
24deflection program plan that includes protocols and procedures
25for participant identification, screening or assessment,

 

 

10100HB3653sam001- 40 -LRB101 05541 RLC 74780 a

1treatment facilitation, reporting, and ongoing involvement of
2the law enforcement agency. Licensed substance use disorder
3treatment organizations shall adhere to 42 CFR Part 2 regarding
4confidentiality regulations for information exchange or
5release. Substance use disorder treatment services shall
6adhere to all regulations specified in Department of Human
7Services Administrative Rules, Parts 2060 and 2090.
8(Source: P.A. 100-1025, eff. 1-1-19.)
 
9    (5 ILCS 820/21 new)
10    Sec. 21. Training. The law enforcement agency or other
11first responder entity in programs that receive funding for
12services under Section 35 of this Act shall and that receive
13training under subsection (a.1) of Section 35 shall be trained
14in all of the following:
15        (a) Neuroscience of Addiction for Law Enforcement.
16        (b) Medication-Assisted Treatment.
17        (c) Criminogenic Risk-Need for Health and Safety.
18        (d) Why Drug Treatment Works.
19        (e) Eliminating Stigma for People with Substance-Use
20    Disorders and Mental Health.
21        (f) Avoiding Racial Bias in Deflection Program.
22        (g) Promotion Racial and Gender Equity in Deflection.
23        (h) Working With Community Partnerships.
24        (i) Deflection in Rural Communities.
 

 

 

10100HB3653sam001- 41 -LRB101 05541 RLC 74780 a

1    (5 ILCS 820/30)
2    Sec. 30. Exemption from civil liability. The law
3enforcement agency or peace officer or other first responder
4acting in good faith shall not, as the result of acts or
5omissions in providing services under Section 15 of this Act,
6be liable for civil damages, unless the acts or omissions
7constitute willful and wanton misconduct.
8(Source: P.A. 100-1025, eff. 1-1-19.)
 
9    (5 ILCS 820/35)
10    Sec. 35. Funding.
11    (a) The General Assembly may appropriate funds to the
12Illinois Criminal Justice Information Authority for the
13purpose of funding law enforcement agencies or other first
14responder entities for services provided by deflection program
15partners as part of deflection programs subject to subsection
16(d) of Section 15 of this Act.
17    (a.1) Up to 10 percent of appropriated funds may be
18expended on activities related to knowledge dissemination,
19training, technical assistance, or other similar activities
20intended to increase practitioner and public awareness of
21deflection or to support its implementation. The Illinois
22Criminal Justice Information Authority may adopt guidelines
23and requirements to direct the distribution of funds for these
24activities.
25    (b) For all appropriated funds not distributed under

 

 

10100HB3653sam001- 42 -LRB101 05541 RLC 74780 a

1subsection a.1, the The Illinois Criminal Justice Information
2Authority may adopt guidelines and requirements to direct the
3distribution of funds for expenses related to deflection
4programs. Funding shall be made available to support both new
5and existing deflection programs in a broad spectrum of
6geographic regions in this State, including urban, suburban,
7and rural communities. Funding for deflection programs shall be
8prioritized for communities that have been impacted by the war
9on drugs, communities that have a police/community relations
10issue, and communities that have a disproportionate lack of
11access to mental health and drug treatment. Activities eligible
12for funding under this Act may include, but are not limited to,
13the following:
14        (1) activities related to program administration,
15    coordination, or management, including, but not limited
16    to, the development of collaborative partnerships with
17    licensed treatment providers and community members or
18    organizations; collection of program data; or monitoring
19    of compliance with a local deflection program plan;
20        (2) case management including case management provided
21    prior to assessment, diagnosis, and engagement in
22    treatment, as well as assistance navigating and gaining
23    access to various treatment modalities and support
24    services;
25        (3) peer recovery or recovery support services that
26    include the perspectives of persons with the experience of

 

 

10100HB3653sam001- 43 -LRB101 05541 RLC 74780 a

1    recovering from a substance use disorder, either
2    themselves or as family members;
3        (4) transportation to a licensed treatment provider or
4    other program partner location;
5        (5) program evaluation activities.
6        (6) naloxone and related supplies necessary for
7    carrying out overdose reversal for purposes of
8    distribution to program participants or for use by law
9    enforcement or other first responders; and
10        (7) treatment necessary to prevent gaps in service
11    delivery between linkage and coverage by other funding
12    sources when otherwise non-reimbursable.
13    (c) Specific linkage agreements with recovery support
14services or self-help entities may be a requirement of the
15program services protocols. All deflection programs shall
16encourage the involvement of key family members and significant
17others as a part of a family-based approach to treatment. All
18deflection programs are encouraged to use evidence-based
19practices and outcome measures in the provision of substance
20use disorder treatment and medication-assisted treatment for
21persons with opioid use disorders.
22(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
23    Section 10-116.7. The Attorney General Act is amended by
24adding Section 10 as follows:
 

 

 

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1    (15 ILCS 205/10 new)
2    Sec. 10. Executive officers.
3    (a) As used in this Section:
4        (1) "Governmental authority" means any local
5    governmental unit in this State, any municipal corporation
6    in this State, or any governmental unit of the State of
7    Illinois. This includes any office, officer, department,
8    division, bureau, board, commission, or agency of the
9    State.
10        (2) "Officer" means any probationary law enforcement
11    officer, probationary part-time law enforcement officer,
12    permanent law enforcement officer, part-time law
13    enforcement officer, law enforcement officer, recruit,
14    probationary county corrections officer, permanent county
15    corrections officer, county corrections officer,
16    probationary court security officer, permanent court
17    security officer, or court security officer as defined in
18    Section 2 of the Police Training Act.
19    (b) No governmental authority, or agent of a governmental
20authority, or person acting on behalf of a governmental
21authority, shall engage in a pattern or practice of conduct by
22officers that deprives any person of rights, privileges, or
23immunities secured or protected by the Constitution or laws of
24the United States or by the Constitution or laws of Illinois.
25    (c) Whenever the Illinois Attorney General has reasonable
26cause to believe that a violation of subsection (b) has

 

 

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1occurred, the Illinois Attorney General may commence a civil
2action in the name of the People of the State to obtain
3appropriate equitable and declaratory relief to eliminate the
4pattern or practice. Venue for this civil action shall be
5Sangamon County or Cook County. Such actions shall be commenced
6no later than 5 years after the occurrence or the termination
7of an alleged violation, whichever occurs last.
8    (d) Prior to initiating a civil action, the Attorney
9General may conduct a preliminary investigation to determine
10whether there is reasonable cause to believe that a violation
11of subsection (b) has occurred. In conducting this
12investigation, the Attorney General may:
13        (1) require the individual or entity to file a
14    statement or report in writing under oath or otherwise, as
15    to all information the Attorney General may consider
16    necessary;
17        (2) examine under oath any person alleged to have
18    participated in or with knowledge of the alleged pattern
19    and practice violation; or
20        (3) issue subpoenas or conduct hearings in aid of any
21    investigation.
22    (e)Service by the Attorney General of any notice requiring
23a person to file a statement or report, or of a subpoena upon
24any person, shall be made:
25        (1) personally by delivery of a duly executed copy
26    thereof to the person to be served or, if a person is not a

 

 

10100HB3653sam001- 46 -LRB101 05541 RLC 74780 a

1    natural person, in the manner provided in the Code of Civil
2    Procedure when a complaint is filed; or
3        (2) by mailing by certified mail a duly executed copy
4    thereof to the person to be served at his or her last known
5    abode or principal place of business within this State or,
6    if a person is not a natural person, in the manner provided
7    in the Code of Civil Procedure when a complaint is filed.
8        (3) The Attorney General may compel compliance with
9    investigative demands under this Section through an order
10    by any court of competent jurisdiction.
11    (f)(1) In any civil action brought pursuant to subsection
12(c) of this Section, the Attorney General may obtain as a
13remedy equitable and declaratory relief (including any
14permanent or preliminary injunction, temporary restraining
15order, or other order, including an order enjoining the
16defendant from engaging in such violation or ordering any
17action as may be appropriate). In addition, the Attorney
18General may request and the Court may impose a civil penalty to
19vindicate the public interest in an amount not exceeding
20$25,000 per violation, or if the defendant has been adjudged to
21have committed one other civil rights violation under this
22Section within 5 years of the occurrence of the violation that
23is the basis of the complaint, in an amount not exceeding
24$50,000.
25    (2) A civil penalty imposed under this subsection shall be
26deposited into the Attorney General Court Ordered and Voluntary

 

 

10100HB3653sam001- 47 -LRB101 05541 RLC 74780 a

1Compliance Payment Projects Fund, which is a special fund in
2the State Treasury. Moneys in the Fund shall be used, subject
3to appropriation, for the performance of any function
4pertaining to the exercise of the duties of the Attorney
5General including but not limited to enforcement of any law of
6this State and conducting public education programs; however,
7any moneys in the Fund that are required by the court or by an
8agreement to be used for a particular purpose shall be used for
9that purpose.
 
10    Section 10-117. The Illinois Identification Card Act is
11amended by changing Section 4 as follows:
 
12    (15 ILCS 335/4)  (from Ch. 124, par. 24)
13    Sec. 4. Identification card.
14    (a) The Secretary of State shall issue a standard Illinois
15Identification Card to any natural person who is a resident of
16the State of Illinois who applies for such card, or renewal
17thereof. No identification card shall be issued to any person
18who holds a valid foreign state identification card, license,
19or permit unless the person first surrenders to the Secretary
20of State the valid foreign state identification card, license,
21or permit. The card shall be prepared and supplied by the
22Secretary of State and shall include a photograph and signature
23or mark of the applicant. However, the Secretary of State may
24provide by rule for the issuance of Illinois Identification

 

 

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1Cards without photographs if the applicant has a bona fide
2religious objection to being photographed or to the display of
3his or her photograph. The Illinois Identification Card may be
4used for identification purposes in any lawful situation only
5by the person to whom it was issued. As used in this Act,
6"photograph" means any color photograph or digitally produced
7and captured image of an applicant for an identification card.
8As used in this Act, "signature" means the name of a person as
9written by that person and captured in a manner acceptable to
10the Secretary of State.
11    (a-5) If an applicant for an identification card has a
12current driver's license or instruction permit issued by the
13Secretary of State, the Secretary may require the applicant to
14utilize the same residence address and name on the
15identification card, driver's license, and instruction permit
16records maintained by the Secretary. The Secretary may
17promulgate rules to implement this provision.
18    (a-10) If the applicant is a judicial officer as defined in
19Section 1-10 of the Judicial Privacy Act or a peace officer,
20the applicant may elect to have his or her office or work
21address listed on the card instead of the applicant's residence
22or mailing address. The Secretary may promulgate rules to
23implement this provision. For the purposes of this subsection
24(a-10), "peace officer" means any person who by virtue of his
25or her office or public employment is vested by law with a duty
26to maintain public order or to make arrests for a violation of

 

 

10100HB3653sam001- 49 -LRB101 05541 RLC 74780 a

1any penal statute of this State, whether that duty extends to
2all violations or is limited to specific violations.
3    (a-15) The Secretary of State may provide for an expedited
4process for the issuance of an Illinois Identification Card.
5The Secretary shall charge an additional fee for the expedited
6issuance of an Illinois Identification Card, to be set by rule,
7not to exceed $75. All fees collected by the Secretary for
8expedited Illinois Identification Card service shall be
9deposited into the Secretary of State Special Services Fund.
10The Secretary may adopt rules regarding the eligibility,
11process, and fee for an expedited Illinois Identification Card.
12If the Secretary of State determines that the volume of
13expedited identification card requests received on a given day
14exceeds the ability of the Secretary to process those requests
15in an expedited manner, the Secretary may decline to provide
16expedited services, and the additional fee for the expedited
17service shall be refunded to the applicant.
18    (a-20) The Secretary of State shall issue a standard
19Illinois Identification Card to a committed person upon release
20on parole, mandatory supervised release, aftercare release,
21final discharge, or pardon from the Department of Corrections
22or Department of Juvenile Justice, if the released person
23presents a certified copy of his or her birth certificate,
24social security card or other documents authorized by the
25Secretary, and 2 documents proving his or her Illinois
26residence address. Documents proving residence address may

 

 

10100HB3653sam001- 50 -LRB101 05541 RLC 74780 a

1include any official document of the Department of Corrections
2or the Department of Juvenile Justice showing the released
3person's address after release and a Secretary of State
4prescribed certificate of residency form, which may be executed
5by Department of Corrections or Department of Juvenile Justice
6personnel.
7    (a-25) The Secretary of State shall issue a limited-term
8Illinois Identification Card valid for 90 days to a committed
9person upon release on parole, mandatory supervised release,
10aftercare release, final discharge, or pardon from the
11Department of Corrections or Department of Juvenile Justice, if
12the released person is unable to present a certified copy of
13his or her birth certificate and social security card or other
14documents authorized by the Secretary, but does present a
15Secretary of State prescribed verification form completed by
16the Department of Corrections or Department of Juvenile
17Justice, verifying the released person's date of birth and
18social security number and 2 documents proving his or her
19Illinois residence address. The verification form must have
20been completed no more than 30 days prior to the date of
21application for the Illinois Identification Card. Documents
22proving residence address shall include any official document
23of the Department of Corrections or the Department of Juvenile
24Justice showing the person's address after release and a
25Secretary of State prescribed certificate of residency, which
26may be executed by Department of Corrections or Department of

 

 

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1Juvenile Justice personnel.
2    Prior to the expiration of the 90-day period of the
3limited-term Illinois Identification Card, if the released
4person submits to the Secretary of State a certified copy of
5his or her birth certificate and his or her social security
6card or other documents authorized by the Secretary, a standard
7Illinois Identification Card shall be issued. A limited-term
8Illinois Identification Card may not be renewed.
9    (a-26) The Secretary of State shall track and issue an
10annual report to the General Assembly detailing the number of
11permanent Illinois Identification Cards issued by the
12Secretary of State to persons presenting verification forms
13issued by the Department of Juvenile Justice and Department of
14Corrections. The report shall include comparable data from the
15previous calendar year and shall reflect any increases or
16decreases. The Secretary of State shall publish the report on
17the Secretary of State's website.
18    (a-30) The Secretary of State shall issue a standard
19Illinois Identification Card to a person upon conditional
20release or absolute discharge from the custody of the
21Department of Human Services, if the person presents a
22certified copy of his or her birth certificate, social security
23card, or other documents authorized by the Secretary, and a
24document proving his or her Illinois residence address. The
25Secretary of State shall issue a standard Illinois
26Identification Card to a person no sooner than 14 days prior to

 

 

10100HB3653sam001- 52 -LRB101 05541 RLC 74780 a

1his or her conditional release or absolute discharge if
2personnel from the Department of Human Services bring the
3person to a Secretary of State location with the required
4documents. Documents proving residence address may include any
5official document of the Department of Human Services showing
6the person's address after release and a Secretary of State
7prescribed verification form, which may be executed by
8personnel of the Department of Human Services.
9    (a-35) The Secretary of State shall issue a limited-term
10Illinois Identification Card valid for 90 days to a person upon
11conditional release or absolute discharge from the custody of
12the Department of Human Services, if the person is unable to
13present a certified copy of his or her birth certificate and
14social security card or other documents authorized by the
15Secretary, but does present a Secretary of State prescribed
16verification form completed by the Department of Human
17Services, verifying the person's date of birth and social
18security number, and a document proving his or her Illinois
19residence address. The verification form must have been
20completed no more than 30 days prior to the date of application
21for the Illinois Identification Card. The Secretary of State
22shall issue a limited-term Illinois Identification Card to a
23person no sooner than 14 days prior to his or her conditional
24release or absolute discharge if personnel from the Department
25of Human Services bring the person to a Secretary of State
26location with the required documents. Documents proving

 

 

10100HB3653sam001- 53 -LRB101 05541 RLC 74780 a

1residence address shall include any official document of the
2Department of Human Services showing the person's address after
3release and a Secretary of State prescribed verification form,
4which may be executed by personnel of the Department of Human
5Services.
6    (b) The Secretary of State shall issue a special Illinois
7Identification Card, which shall be known as an Illinois Person
8with a Disability Identification Card, to any natural person
9who is a resident of the State of Illinois, who is a person
10with a disability as defined in Section 4A of this Act, who
11applies for such card, or renewal thereof. No Illinois Person
12with a Disability Identification Card shall be issued to any
13person who holds a valid foreign state identification card,
14license, or permit unless the person first surrenders to the
15Secretary of State the valid foreign state identification card,
16license, or permit. The Secretary of State shall charge no fee
17to issue such card. The card shall be prepared and supplied by
18the Secretary of State, and shall include a photograph and
19signature or mark of the applicant, a designation indicating
20that the card is an Illinois Person with a Disability
21Identification Card, and shall include a comprehensible
22designation of the type and classification of the applicant's
23disability as set out in Section 4A of this Act. However, the
24Secretary of State may provide by rule for the issuance of
25Illinois Person with a Disability Identification Cards without
26photographs if the applicant has a bona fide religious

 

 

10100HB3653sam001- 54 -LRB101 05541 RLC 74780 a

1objection to being photographed or to the display of his or her
2photograph. If the applicant so requests, the card shall
3include a description of the applicant's disability and any
4information about the applicant's disability or medical
5history which the Secretary determines would be helpful to the
6applicant in securing emergency medical care. If a mark is used
7in lieu of a signature, such mark shall be affixed to the card
8in the presence of two witnesses who attest to the authenticity
9of the mark. The Illinois Person with a Disability
10Identification Card may be used for identification purposes in
11any lawful situation by the person to whom it was issued.
12    The Illinois Person with a Disability Identification Card
13may be used as adequate documentation of disability in lieu of
14a physician's determination of disability, a determination of
15disability from a physician assistant, a determination of
16disability from an advanced practice registered nurse, or any
17other documentation of disability whenever any State law
18requires that a person with a disability provide such
19documentation of disability, however an Illinois Person with a
20Disability Identification Card shall not qualify the
21cardholder to participate in any program or to receive any
22benefit which is not available to all persons with like
23disabilities. Notwithstanding any other provisions of law, an
24Illinois Person with a Disability Identification Card, or
25evidence that the Secretary of State has issued an Illinois
26Person with a Disability Identification Card, shall not be used

 

 

10100HB3653sam001- 55 -LRB101 05541 RLC 74780 a

1by any person other than the person named on such card to prove
2that the person named on such card is a person with a
3disability or for any other purpose unless the card is used for
4the benefit of the person named on such card, and the person
5named on such card consents to such use at the time the card is
6so used.
7    An optometrist's determination of a visual disability
8under Section 4A of this Act is acceptable as documentation for
9the purpose of issuing an Illinois Person with a Disability
10Identification Card.
11    When medical information is contained on an Illinois Person
12with a Disability Identification Card, the Office of the
13Secretary of State shall not be liable for any actions taken
14based upon that medical information.
15    (c) The Secretary of State shall provide that each original
16or renewal Illinois Identification Card or Illinois Person with
17a Disability Identification Card issued to a person under the
18age of 21 shall be of a distinct nature from those Illinois
19Identification Cards or Illinois Person with a Disability
20Identification Cards issued to individuals 21 years of age or
21older. The color designated for Illinois Identification Cards
22or Illinois Person with a Disability Identification Cards for
23persons under the age of 21 shall be at the discretion of the
24Secretary of State.
25    (c-1) Each original or renewal Illinois Identification
26Card or Illinois Person with a Disability Identification Card

 

 

10100HB3653sam001- 56 -LRB101 05541 RLC 74780 a

1issued to a person under the age of 21 shall display the date
2upon which the person becomes 18 years of age and the date upon
3which the person becomes 21 years of age.
4    (c-3) The General Assembly recognizes the need to identify
5military veterans living in this State for the purpose of
6ensuring that they receive all of the services and benefits to
7which they are legally entitled, including healthcare,
8education assistance, and job placement. To assist the State in
9identifying these veterans and delivering these vital services
10and benefits, the Secretary of State is authorized to issue
11Illinois Identification Cards and Illinois Person with a
12Disability Identification Cards with the word "veteran"
13appearing on the face of the cards. This authorization is
14predicated on the unique status of veterans. The Secretary may
15not issue any other identification card which identifies an
16occupation, status, affiliation, hobby, or other unique
17characteristics of the identification card holder which is
18unrelated to the purpose of the identification card.
19    (c-5) Beginning on or before July 1, 2015, the Secretary of
20State shall designate a space on each original or renewal
21identification card where, at the request of the applicant, the
22word "veteran" shall be placed. The veteran designation shall
23be available to a person identified as a veteran under
24subsection (b) of Section 5 of this Act who was discharged or
25separated under honorable conditions.
26    (d) The Secretary of State may issue a Senior Citizen

 

 

10100HB3653sam001- 57 -LRB101 05541 RLC 74780 a

1discount card, to any natural person who is a resident of the
2State of Illinois who is 60 years of age or older and who
3applies for such a card or renewal thereof. The Secretary of
4State shall charge no fee to issue such card. The card shall be
5issued in every county and applications shall be made available
6at, but not limited to, nutrition sites, senior citizen centers
7and Area Agencies on Aging. The applicant, upon receipt of such
8card and prior to its use for any purpose, shall have affixed
9thereon in the space provided therefor his signature or mark.
10    (e) The Secretary of State, in his or her discretion, may
11designate on each Illinois Identification Card or Illinois
12Person with a Disability Identification Card a space where the
13card holder may place a sticker or decal, issued by the
14Secretary of State, of uniform size as the Secretary may
15specify, that shall indicate in appropriate language that the
16card holder has renewed his or her Illinois Identification Card
17or Illinois Person with a Disability Identification Card.
18(Source: P.A. 99-143, eff. 7-27-15; 99-173, eff. 7-29-15;
1999-305, eff. 1-1-16; 99-642, eff. 7-28-16; 99-907, eff. 7-1-17;
20100-513, eff. 1-1-18; 100-717, eff. 7-1-19.)
 
21    Section 10-120. The Department of State Police Law of the
22Civil Administrative Code of Illinois is amended by changing
23Section 2605-302 as follows:
 
24    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)

 

 

10100HB3653sam001- 58 -LRB101 05541 RLC 74780 a

1    Sec. 2605-302. Arrest reports.
2    (a) When an individual is arrested, the following
3information must be made available to the news media for
4inspection and copying:
5        (1) Information that identifies the individual,
6    including the name, age, address, and photograph, when and
7    if available.
8        (2) Information detailing any charges relating to the
9    arrest.
10        (3) The time and location of the arrest.
11        (4) The name of the investigating or arresting law
12    enforcement agency.
13        (5) If the individual is incarcerated, the conditions
14    of pretrial release amount of any bail or bond.
15        (6) If the individual is incarcerated, the time and
16    date that the individual was received, discharged, or
17    transferred from the arresting agency's custody.
18    (b) The information required by this Section must be made
19available to the news media for inspection and copying as soon
20as practicable, but in no event shall the time period exceed 72
21hours from the arrest. The information described in items (3),
22(4), (5), and (6) of subsection (a), however, may be withheld
23if it is determined that disclosure would (i) interfere with
24pending or actually and reasonably contemplated law
25enforcement proceedings conducted by any law enforcement or
26correctional agency; (ii) endanger the life or physical safety

 

 

10100HB3653sam001- 59 -LRB101 05541 RLC 74780 a

1of law enforcement or correctional personnel or any other
2person; or (iii) compromise the security of any correctional
3facility.
4    (c) For the purposes of this Section, the term "news media"
5means personnel of a newspaper or other periodical issued at
6regular intervals whether in print or electronic format, a news
7service whether in print or electronic format, a radio station,
8a television station, a television network, a community antenna
9television service, or a person or corporation engaged in
10making news reels or other motion picture news for public
11showing.
12    (d) Each law enforcement or correctional agency may charge
13fees for arrest records, but in no instance may the fee exceed
14the actual cost of copying and reproduction. The fees may not
15include the cost of the labor used to reproduce the arrest
16record.
17    (e) The provisions of this Section do not supersede the
18confidentiality provisions for arrest records of the Juvenile
19Court Act of 1987.
20(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
21incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
 
22    Section 10-125. The State Police Act is amended by changing
23Section 14 and by adding Section 17b as follows:
 
24    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)

 

 

10100HB3653sam001- 60 -LRB101 05541 RLC 74780 a

1    Sec. 14. Except as is otherwise provided in this Act, no
2Department of State Police officer shall be removed, demoted or
3suspended except for cause, upon written charges filed with the
4Board by the Director and a hearing before the Board thereon
5upon not less than 10 days' notice at a place to be designated
6by the chairman thereof. At such hearing, the accused shall be
7afforded full opportunity to be heard in his or her own defense
8and to produce proof in his or her defense. It shall not be a
9requirement of a person Anyone filing a complaint against a
10State Police Officer to must have a the complaint supported by
11a sworn affidavit or any other legal documentation. This ban on
12an affidavit requirement shall apply to any collective
13bargaining agreements entered after the effective date of this
14provision. Any such complaint, having been supported by a sworn
15affidavit, and having been found, in total or in part, to
16contain false information, shall be presented to the
17appropriate State's Attorney for a determination of
18prosecution.
19    Before any such officer may be interrogated or examined by
20or before the Board, or by a departmental agent or investigator
21specifically assigned to conduct an internal investigation,
22the results of which hearing, interrogation or examination may
23be the basis for filing charges seeking his or her suspension
24for more than 15 days or his or her removal or discharge, he or
25she shall be advised in writing as to what specific improper or
26illegal act he or she is alleged to have committed; he or she

 

 

10100HB3653sam001- 61 -LRB101 05541 RLC 74780 a

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

 

 

10100HB3653sam001- 62 -LRB101 05541 RLC 74780 a

1of suspension greater than prescribed by the Board, the Board
2shall order that the officer receive compensation for the
3period involved. The award of compensation shall include
4interest at the rate of 7% per annum.
5    The Board may include in its order appropriate sanctions
6based upon the Board's rules and regulations. If the Board
7finds that a party has made allegations or denials without
8reasonable cause or has engaged in frivolous litigation for the
9purpose of delay or needless increase in the cost of
10litigation, it may order that party to pay the other party's
11reasonable expenses, including costs and reasonable attorney's
12fees. The State of Illinois and the Department shall be subject
13to these sanctions in the same manner as other parties.
14    In case of the neglect or refusal of any person to obey a
15subpoena issued by the Board, any circuit court, upon
16application of any member of the Board, may order such person
17to appear before the Board and give testimony or produce
18evidence, and any failure to obey such order is punishable by
19the court as a contempt thereof.
20    The provisions of the Administrative Review Law, and all
21amendments and modifications thereof, and the rules adopted
22pursuant thereto, shall apply to and govern all proceedings for
23the judicial review of any order of the Board rendered pursuant
24to the provisions of this Section.
25    Notwithstanding the provisions of this Section, a policy
26making officer, as defined in the Employee Rights Violation

 

 

10100HB3653sam001- 63 -LRB101 05541 RLC 74780 a

1Act, of the Department of State Police shall be discharged from
2the Department of State Police as provided in the Employee
3Rights Violation Act, enacted by the 85th General Assembly.
4(Source: P.A. 96-891, eff. 5-10-10.)
 
5    (20 ILCS 2610/17b new)
6    Sec. 17b. Military equipment surplus program.
7    (a) For purposes of this Section:
8    "Bayonet" means a large knife designed to be attached to
9the muzzle of a rifle, shotgun, or long gun for the purpose of
10hand-to-hand combat.
11    "Camouflage uniform" does not include a woodland or desert
12pattern or solid color uniform.
13    "Grenade launcher" means a firearm or firearm accessory
14designed to launch small explosive projectiles.
15    "Military equipment surplus program" means any federal or
16State program allowing a law enforcement agency to obtain
17surplus military equipment including, but not limit to, any
18program organized under Section 1122 of the National Defense
19Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
20Section 1033 of the National Defense Authorization Act for
21Fiscal Year 1997 (Pub. L. 104-201), or any program established
22under 10 U.S.C. 2576a.
23    "Tracked armored vehicle" means a vehicle that provides
24ballistic protection to its occupants and utilizes a tracked
25system installed of wheels for forward motion.

 

 

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1    "Weaponized aircraft, vessel, or vehicle" means any
2aircraft, vessel, or vehicle with weapons installed.
3    (b) The Illinois State Police shall not request or receive
4from any military equipment surplus program nor purchase or
5otherwise utilize the following equipment:
6        (1) tracked armored vehicles;
7        (2) weaponized aircraft, vessels, or vehicles;
8        (3) firearms of .50-caliber or higher;
9        (4) ammunition of .50-caliber or higher;
10        (5) grenade launchers;
11        (6) bayonets;
12        (7) camouflage uniforms;
13        (8) fully automatic weapons;
14        (9) silencers;
15        (10) drones that include military grade surveillance
16    hardware or software; or
17        (11) chemical incapacitants, including tear gas, or
18    other chemical agents.
19    (c) If the Illinois State Police request other property not
20prohibited by this Section from a military equipment surplus
21program, the Illinois State Police shall publish notice of the
22request on a publicly accessible website maintained by the
23Illinois State Police within 14 days after the request.
 
24    Section 10-130. The Illinois Criminal Justice Information
25Act is amended by adding Sections 7.7 and 7.8 as follows:
 

 

 

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1    (20 ILCS 3930/7.7 new)
2    Sec. 7.7. Pretrial data collection.
3    (a) The Executive Director of the Illinois Criminal Justice
4Information Authority shall convene an oversight board to be
5known as the Pretrial Practices Data Oversight Board to oversee
6the collection and analysis of data regarding pretrial
7practices in circuit court systems. The Board shall include,
8but is not limited to, designees from the Administrative Office
9of the Illinois Courts, the Illinois Criminal Justice
10Information Authority, crime victims' advocates, and other
11entities that possess a knowledge of pretrial practices and
12data collection issues. Members of the Board shall serve
13without compensation.
14    (b) The Oversight Board shall:
15        (1) identify existing data collection processes in
16    various circuit clerk's offices;
17        (2) gather and maintain records of all available
18    pretrial data relating to the topics listed in subsection
19    (c) from circuit clerks' offices;
20        (3) identify resources necessary to systematically
21    collect and report data related to the topics listed in
22    subsections (c) from circuit clerks' offices that are
23    currently not collecting that data;
24        (4) report to the Governor and General Assembly
25    annually on the state of pretrial data collection on the

 

 

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1    topics listed in subsection (c); and
2        (5) develop a plan to implement data collection
3    processes sufficient to collect data on the topics listed
4    in subsection (c) no later than one year after the
5    effective date of this amendatory Act of the 101st General
6    Assembly.
7    The plan and, once implemented, the reports and analysis
8shall be published and made publicly available on the Oversight
9Board's government website.
10    (c) The Pretrial Practices Data Oversight Board shall
11develop a strategy to collect quarterly, circuit-level data on
12the following topics; which collection of data shall begin
13starting one year after the effective date of this amendatory
14Act of the 101st General Assembly:
15        (1) information on all persons arrested and charged
16    with misdemeanor or felony charges, or both, including
17    information on persons released directly from law
18    enforcement custody;
19        (2) information on the outcomes of pretrial conditions
20    and pretrial detention hearings in the circuit courts,
21    including, but not limited to, the number of hearings held,
22    the number of defendants detained, the number of defendants
23    released, and the number of defendants released with
24    electronic monitoring;
25        (3) information regarding persons detained in the
26    county jail pretrial, including, but not limited to, the

 

 

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1    number of persons detained in the jail pretrial and the
2    number detained in the jail for other reasons, the
3    demographics of the pretrial jail population, including
4    race, sex, age, and ethnicity, the charges on which
5    pretrial defendants are detained, the average length of
6    stay of pretrial defendants; and
7        (4) information regarding persons placed on electronic
8    monitoring programs pretrial, including, but not limited
9    to, the number of participants, the demographics
10    participant population, including race, sex, age, and
11    ethnicity, the charges on which participants are ordered to
12    the program, and the average length of participation in the
13    program;
14        (5) discharge data regarding persons detained pretrial
15    in the county jail, including, but not limited to, the
16    number who are sentenced to the Illinois Department of
17    Corrections, the number released after being sentenced to
18    time served, the number who are released on probation,
19    conditional discharge, or other community supervision, the
20    number found not guilty, the number whose cases are
21    dismissed, the number whose cases are dismissed as part of
22    a diversion or deferred prosecution program, and the number
23    who are released pretrial after a hearing re-examining
24    their pretrial detention;
25        (6) information on the pretrial rearrest of
26    individuals released pretrial, including the number

 

 

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1    arrested and charged with a new misdemeanor offense while
2    released, the number arrested and charged with a new felony
3    offense while released, and the number arrested and charged
4    with a new forcible felony offense while released, and how
5    long after release these arrests occurred;
6        (7) information on the pretrial failure to appear rates
7    of individuals released pretrial, including the number who
8    missed one or more court dates and did not have a warrant
9    issued for their arrest, how many warrants for failures to
10    appear were issued, and how many individuals were detained
11    pretrial or placed on electronic monitoring pretrial after
12    a failure to appear in court;
13        (8) Instances of Violations of any Protective Order
14    while a defendant is released pretrial, instances of
15    repeated prohibited victim contact during the pretrial
16    release, filing of new protective orders during the
17    pendency of a case, and any other relevant issues related
18    to protective orders;
19        (9) what, if any, validated risk assessment tools are
20    in use in each jurisdiction, and comparisons of the
21    pretrial release and pretrial detention decisions of
22    judges and the risk assessment scores of individuals; and
23        (10) any other information the Pretrial Practices Data
24    Oversight Board considers important and probative of the
25    effectiveness of pretrial practices in the State of
26    Illinois.
 

 

 

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1    (20 ILCS 3930/7.8 new)
2    Sec. 7.8. Domestic Violence Pretrial Practices Working
3Group.
4    (a) The Executive Director of the Illinois Criminal Justice
5Information Authority shall convene a working group to research
6and issue a report on current practices in pretrial domestic
7violence courts throughout the state of Illinois.
8    (b) The working group shall include, but is not limited to,
9designees from the Administrative Office of the Illinois
10Courts, the Illinois Criminal Justice Information Authority,
11Domestic Violence victims' advocates, formerly incarcerated
12victims of violence, legal practitioners, and other entities
13that possess knowledge of evidence-based practices surrounding
14domestic violence and current pretrial practices in Illinois.
15    (c) The group shall meet quarterly and no later than 15
16months after the effective date of this amendatory Act of the
17101st General Assembly issue a preliminary report on the state
18of current practice across the state in regards to pretrial
19practices and domestic violence and no later than 15 months
20after the release of the preliminary report, issue a final
21report issuing recommendations for evidence-based improvements
22to court procedures.
23    (d) Members of the working group shall serve without
24compensation.
 

 

 

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1    Section 10-135. The Public Officer Prohibited Activities
2Act is amended by adding Section 4.1 as follows:
 
3    (50 ILCS 105/4.1 new)
4    Sec. 4.1. Retaliation against a whistleblower.
5    (a) It is prohibited for a unit of local government, any
6agent or representative of a unit of local government, or
7another employee to retaliate against an employee or contractor
8who:
9        (1) reports an improper governmental action under this
10    Section;
11        (2) cooperates with an investigation by an auditing
12    official related to a report of improper governmental
13    action; or
14        (3) testifies in a proceeding or prosecution arising
15    out of an improper governmental action.
16    (b) To invoke the protections of this Section, an employee
17shall make a written report of improper governmental action to
18the appropriate auditing official. An employee who believes he
19or she has been retaliated against in violation of this Section
20must submit a written report to the auditing official within 60
21days of gaining knowledge of the retaliatory action. If the
22auditing official is the individual doing the improper
23governmental action, then a report under this subsection may be
24submitted to any State's Attorney.
25    (c) Each auditing official shall establish written

 

 

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

 

 

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1action:
2        (1) Auditing officials may reinstate, reimburse for
3    lost wages or expenses incurred, promote, or provide some
4    other form of restitution.
5        (2) In instances where an auditing official determines
6    that restitution will not suffice, the auditing official
7    may make his or her investigation findings available for
8    the purposes of aiding in that employee or the employee's
9    attorney's effort to make the employee whole.
10    (g) A person who engages in prohibited retaliatory action
11under subsection (a) is subject to the following penalties: a
12fine of no less than $500 and no more than $5,000, suspension
13without pay, demotion, discharge, civil or criminal
14prosecution, or any combination of these penalties, as
15appropriate.
16    (h) Every employee shall receive a written summary or a
17complete copy of this Section upon commencement of employment
18and at least once each year of employment. At the same time,
19the employee shall also receive a copy of the written processes
20and procedures for reporting improper governmental actions
21from the applicable auditing official.
22    (i) As used in this Section:
23    "Auditing official" means any elected, appointed, or hired
24individual, by whatever name, in a unit of local government
25whose duties are similar to, but not limited to, receiving,
26registering, and investigating complaints and information

 

 

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

 

 

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1committee member's official duties to be subject to a claim of
2"improper governmental action". "Improper governmental action"
3does not include a unit of local government personnel actions,
4including, but not limited to employee grievances, complaints,
5appointments, promotions, transfers, assignments,
6reassignments, reinstatements, restorations, reemployment,
7performance evaluations, reductions in pay, dismissals,
8suspensions, demotions, reprimands, or violations of
9collective bargaining agreements, except to the extent that the
10action amounts to retaliation.
11    "Retaliate", "retaliation", or "retaliatory action" means
12any adverse change in an employee's employment status or the
13terms and conditions of employment that results from an
14employee's protected activity under this Section. "Retaliatory
15action" includes, but is not limited to, denial of adequate
16staff to perform duties; frequent staff changes; frequent and
17undesirable office changes; refusal to assign meaningful work;
18unsubstantiated letters of reprimand or unsatisfactory
19performance evaluations; demotion; reduction in pay; denial of
20promotion; transfer or reassignment; suspension or dismissal;
21or other disciplinary action made because of an employee's
22protected activity under this Section.
 
23    Section 10-140. The Local Records Act is amended by
24changing Section 3b and by adding Section 25 as follows:
 

 

 

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1    (50 ILCS 205/3b)
2    Sec. 3b. Arrest records and reports.
3    (a) When an individual is arrested, the following
4information must be made available to the news media for
5inspection and copying:
6        (1) Information that identifies the individual,
7    including the name, age, address, and photograph, when and
8    if available.
9        (2) Information detailing any charges relating to the
10    arrest.
11        (3) The time and location of the arrest.
12        (4) The name of the investigating or arresting law
13    enforcement agency.
14        (5) If the individual is incarcerated, the conditions
15    of pretrial release amount of any bail or bond.
16        (6) If the individual is incarcerated, the time and
17    date that the individual was received, discharged, or
18    transferred from the arresting agency's custody.
19    (b) The information required by this Section must be made
20available to the news media for inspection and copying as soon
21as practicable, but in no event shall the time period exceed 72
22hours from the arrest. The information described in paragraphs
23(3), (4), (5), and (6) of subsection (a), however, may be
24withheld if it is determined that disclosure would:
25        (1) interfere with pending or actually and reasonably
26    contemplated law enforcement proceedings conducted by any

 

 

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1    law enforcement or correctional agency;
2        (2) endanger the life or physical safety of law
3    enforcement or correctional personnel or any other person;
4    or
5        (3) compromise the security of any correctional
6    facility.
7    (c) For the purposes of this Section the term "news media"
8means personnel of a newspaper or other periodical issued at
9regular intervals whether in print or electronic format, a news
10service whether in print or electronic format, a radio station,
11a television station, a television network, a community antenna
12television service, or a person or corporation engaged in
13making news reels or other motion picture news for public
14showing.
15    (d) Each law enforcement or correctional agency may charge
16fees for arrest records, but in no instance may the fee exceed
17the actual cost of copying and reproduction. The fees may not
18include the cost of the labor used to reproduce the arrest
19record.
20    (e) The provisions of this Section do not supersede the
21confidentiality provisions for arrest records of the Juvenile
22Court Act of 1987.
23    (f) All information, including photographs, made available
24under this Section is subject to the provisions of Section 2QQQ
25of the Consumer Fraud and Deceptive Business Practices Act.
26(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
 

 

 

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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.

 

 

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1        b. To establish appropriate mandatory minimum
2    standards relating to the training of probationary local
3    law enforcement officers or probationary county
4    corrections officers, and in-service training of permanent
5    police officers.
6        c. To provide appropriate certification to those
7    probationary officers who successfully complete the
8    prescribed minimum standard basic training course.
9        d. To review and approve annual training curriculum for
10    county sheriffs.
11        e. To review and approve applicants to ensure that no
12    applicant is admitted to a certified academy unless the
13    applicant is a person of good character and has not been
14    convicted of, or entered a plea of guilty to, a felony
15    offense, any of the misdemeanors in Sections 11-1.50, 11-6,
16    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
17    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
18    Criminal Code of 1961 or the Criminal Code of 2012,
19    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
20    Criminal Code of 1961 or the Criminal Code of 2012, or
21    subsection (a) of Section 17-32 of the Criminal Code of
22    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
23    the Cannabis Control Act, or a crime involving moral
24    turpitude under the laws of this State or any other state
25    which if committed in this State would be punishable as a
26    felony or a crime of moral turpitude. The Board may appoint

 

 

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1    investigators who shall enforce the duties conferred upon
2    the Board by this Act.
3        f. To establish statewide standards for minimum
4    standards regarding regular mental health screenings for
5    probationary and permanent police officers, ensuring that
6    counseling sessions and screenings remain confidential.
7(Source: P.A. 101-187, eff. 1-1-20.)
 
8    (50 ILCS 705/6.2)
9    Sec. 6.2. Officer professional conduct database.
10    (a) All law enforcement agencies shall notify the Board of
11any final determination of willful violation of department or
12agency policy, official misconduct, or violation of law when:
13        (1) the officer is discharged or dismissed as a result
14    of the violation; or
15        (2) the officer resigns during the course of an
16    investigation and after the officer has been served notice
17    that he or she is under investigation that is based on the
18    commission of any a Class 2 or greater felony or sex
19    offense.
20    The agency shall report to the Board within 30 days of a
21final decision of discharge or dismissal and final exhaustion
22of any appeal, or resignation, and shall provide information
23regarding the nature of the violation.
24    (b) Upon receiving notification from a law enforcement
25agency, the Board must notify the law enforcement officer of

 

 

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1the report and his or her right to provide a statement
2regarding the reported violation.
3    (c) The Board shall maintain a database readily available
4to any chief administrative officer, or his or her designee, of
5a law enforcement agency or any State's Attorney that shall
6show each reported instance, including the name of the officer,
7the nature of the violation, reason for the final decision of
8discharge or dismissal, and any statement provided by the
9officer.
10(Source: P.A. 99-352, eff. 1-1-16.)
 
11    (50 ILCS 705/7)  (from Ch. 85, par. 507)
12    Sec. 7. Rules and standards for schools. The Board shall
13adopt rules and minimum standards for such schools which shall
14include, but not be limited to, the following:
15        a. The curriculum for probationary police officers
16    which shall be offered by all certified schools shall
17    include, but not be limited to, courses of procedural
18    justice, arrest and use and control tactics, search and
19    seizure, including temporary questioning, civil rights,
20    human rights, human relations, cultural competency,
21    including implicit bias and racial and ethnic sensitivity,
22    criminal law, law of criminal procedure, constitutional
23    and proper use of law enforcement authority, vehicle and
24    traffic law including uniform and non-discriminatory
25    enforcement of the Illinois Vehicle Code, traffic control

 

 

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1    and accident investigation, techniques of obtaining
2    physical evidence, court testimonies, statements, reports,
3    firearms training, training in the use of electronic
4    control devices, including the psychological and
5    physiological effects of the use of those devices on
6    humans, first-aid (including cardiopulmonary
7    resuscitation), training in the administration of opioid
8    antagonists as defined in paragraph (1) of subsection (e)
9    of Section 5-23 of the Substance Use Disorder Act, handling
10    of juvenile offenders, recognition of mental conditions
11    and crises, including, but not limited to, the disease of
12    addiction, which require immediate assistance and response
13    and methods to safeguard and provide assistance to a person
14    in 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 2 3
8    years. Those requirements shall include constitutional and
9    proper use of law enforcement authority, procedural
10    justice, civil rights, human rights, mental health
11    awareness and response, officer wellness, reporting child
12    abuse and neglect, and cultural competency, including
13    implicit bias 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    advanced first-aid training and certification, crisis
18    intervention training, and officer wellness and mental
19    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 2
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 2
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
10for law enforcement recruits addressing specialized policing
11responses to people with mental illnesses. The Board shall
12conduct Crisis Intervention Team (CIT) training programs that
13train officers to identify signs and symptoms of mental
14illness, to de-escalate situations involving individuals who
15appear to have a mental illness, and connect that person in
16crisis to treatment. Crisis Intervention Team (CIT) training
17programs shall be a collaboration between law enforcement
18professionals, mental health providers, families, and consumer
19advocates and must minimally include the following components:
20(1) basic information about mental illnesses and how to
21recognize them; (2) information about mental health laws and
22resources; (3) learning from family members of individuals with
23mental illness and their experiences; and (4) verbal
24de-escalation training and role-plays. Officers who have
25successfully completed this program shall be issued a

 

 

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1certificate attesting to their attendance of a Crisis
2Intervention Team (CIT) training program.
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 with populations of 500,000 or
7    more, body cameras shall be implemented by January 1, 2022;
8        (2) for municipalities with populations of 100,000 or
9    more but under 500,000, body cameras shall be implemented
10    by January 1, 2023;
11        (3) for municipalities with populations of 50,000 or
12    more but under 100,000, body cameras shall be implemented
13    by January 1, 2024; and
14        (4) for municipalities under 50,000, body cameras
15    shall be implemented by January 1, 2025.
16    (c) Any municipality or county which oversees a law
17enforcement agency which fails to comply with this Section
18shall be subject to a reduction in Local Government
19Distributive Fund (LGDF) funding at a rate of 20% per year
20until the requirements of this Section are met.
21(Source: P.A. 99-352, eff. 1-1-16.)
 
22    (50 ILCS 706/10-20)
23    Sec. 10-20. Requirements.
24    (a) The Board shall develop basic guidelines for the use of
25officer-worn body cameras by law enforcement agencies. The

 

 

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1guidelines developed by the Board shall be the basis for the
2written policy which must be adopted by each law enforcement
3agency which employs the use of officer-worn body cameras. The
4written policy adopted by the law enforcement agency must
5include, at a minimum, all of the following:
6        (1) Cameras must be equipped with pre-event recording,
7    capable of recording at least the 30 seconds prior to
8    camera activation, unless the officer-worn body camera was
9    purchased and acquired by the law enforcement agency prior
10    to July 1, 2015.
11        (2) Cameras must be capable of recording for a period
12    of 10 hours or more, unless the officer-worn body camera
13    was purchased and acquired by the law enforcement agency
14    prior to July 1, 2015.
15        (3) Cameras must be turned on at all times when the
16    officer is in uniform and is responding to calls for
17    service or engaged in any law enforcement-related
18    encounter or activity, that occurs while the officer is on
19    duty.
20            (A) If exigent circumstances exist which prevent
21        the camera from being turned on, the camera must be
22        turned on as soon as practicable.
23            (B) Officer-worn body cameras may be turned off
24        when the officer is inside of a patrol car which is
25        equipped with a functioning in-car camera; however,
26        the officer must turn on the camera upon exiting the

 

 

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1        patrol vehicle for law enforcement-related encounters.
2            (C) Officer-worn body cameras may be turned off
3        when the officer is inside a correctional facility
4        which is equipped with a functioning camera system.
5        (4) Cameras must be turned off when:
6            (A) the victim of a crime requests that the camera
7        be turned off, and unless impractical or impossible,
8        that request is made on the recording;
9            (B) a witness of a crime or a community member who
10        wishes to report a crime requests that the camera be
11        turned off, and unless impractical or impossible that
12        request is made on the recording; or
13            (C) the officer is interacting with a confidential
14        informant used by the law enforcement agency.
15        However, an officer may continue to record or resume
16    recording a victim or a witness, if exigent circumstances
17    exist, or if the officer has reasonable articulable
18    suspicion that a victim or witness, or confidential
19    informant has committed or is in the process of committing
20    a crime. Under these circumstances, and unless impractical
21    or impossible, the officer must indicate on the recording
22    the reason for continuing to record despite the request of
23    the victim or witness.
24        (4.5) Cameras may be turned off when the officer is
25    engaged in community caretaking functions. However, the
26    camera must be turned on when the officer has reason to

 

 

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1    believe that the person on whose behalf the officer is
2    performing a community caretaking function has committed
3    or is in the process of committing a crime. If exigent
4    circumstances exist which prevent the camera from being
5    turned on, the camera must be turned on as soon as
6    practicable.
7        (5) The officer must provide notice of recording to any
8    person if the person has a reasonable expectation of
9    privacy and proof of notice must be evident in the
10    recording. If exigent circumstances exist which prevent
11    the officer from providing notice, notice must be provided
12    as soon as practicable.
13        (6) (A) For the purposes of redaction, labeling, or
14    duplicating recordings, access to camera recordings shall
15    be restricted to only those personnel responsible for those
16    purposes. The recording officer and his or her supervisor
17    of the recording officer may access and review recordings
18    prior to completing incident reports or other
19    documentation, provided that the officer or his or her
20    supervisor discloses that fact in the report or
21    documentation.
22            (B) The recording officer's assigned field
23        training officer may access and review recordings for
24        training purposes. Any detective or investigator
25        directly involved in the investigation of a matter may
26        access and review recordings which pertain to that

 

 

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1        investigation but may not have access to delete or
2        alter such recordings.
3        (7) Recordings made on officer-worn cameras must be
4    retained by the law enforcement agency or by the camera
5    vendor used by the agency, on a recording medium for a
6    period of 90 days.
7            (A) Under no circumstances shall any recording
8        made with an officer-worn body camera be altered,
9        erased, or destroyed prior to the expiration of the
10        90-day storage period.
11            (B) Following the 90-day storage period, any and
12        all recordings made with an officer-worn body camera
13        must be destroyed, unless any encounter captured on the
14        recording has been flagged. An encounter is deemed to
15        be flagged when:
16                (i) a formal or informal complaint has been
17            filed;
18                (ii) the officer discharged his or her firearm
19            or used force during the encounter;
20                (iii) death or great bodily harm occurred to
21            any person in the recording;
22                (iv) the encounter resulted in a detention or
23            an arrest, excluding traffic stops which resulted
24            in only a minor traffic offense or business
25            offense;
26                (v) the officer is the subject of an internal

 

 

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1            investigation or otherwise being investigated for
2            possible misconduct;
3                (vi) the supervisor of the officer,
4            prosecutor, defendant, or court determines that
5            the encounter has evidentiary value in a criminal
6            prosecution; or
7                (vii) the recording officer requests that the
8            video be flagged for official purposes related to
9            his or her official duties.
10            (C) Under no circumstances shall any recording
11        made with an officer-worn body camera relating to a
12        flagged encounter be altered or destroyed prior to 2
13        years after the recording was flagged. If the flagged
14        recording was used in a criminal, civil, or
15        administrative proceeding, the recording shall not be
16        destroyed except upon a final disposition and order
17        from the court.
18        (8) Following the 90-day storage period, recordings
19    may be retained if a supervisor at the law enforcement
20    agency designates the recording for training purposes. If
21    the recording is designated for training purposes, the
22    recordings may be viewed by officers, in the presence of a
23    supervisor or training instructor, for the purposes of
24    instruction, training, or ensuring compliance with agency
25    policies.
26        (9) Recordings shall not be used to discipline law

 

 

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1    enforcement officers unless:
2            (A) a formal or informal complaint of misconduct
3        has been made;
4            (B) a use of force incident has occurred;
5            (C) the encounter on the recording could result in
6        a formal investigation under the Uniform Peace
7        Officers' Disciplinary Act; or
8            (D) as corroboration of other evidence of
9        misconduct.
10        Nothing in this paragraph (9) shall be construed to
11    limit or prohibit a law enforcement officer from being
12    subject to an action that does not amount to discipline.
13        (10) The law enforcement agency shall ensure proper
14    care and maintenance of officer-worn body cameras. Upon
15    becoming aware, officers must as soon as practical document
16    and notify the appropriate supervisor of any technical
17    difficulties, failures, or problems with the officer-worn
18    body camera or associated equipment. Upon receiving
19    notice, the appropriate supervisor shall make every
20    reasonable effort to correct and repair any of the
21    officer-worn body camera equipment.
22        (11) No officer may hinder or prohibit any person, not
23    a law enforcement officer, from recording a law enforcement
24    officer in the performance of his or her duties in a public
25    place or when the officer has no reasonable expectation of
26    privacy. The law enforcement agency's written policy shall

 

 

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1    indicate the potential criminal penalties, as well as any
2    departmental discipline, which may result from unlawful
3    confiscation or destruction of the recording medium of a
4    person who is not a law enforcement officer. However, an
5    officer may take reasonable action to maintain safety and
6    control, secure crime scenes and accident sites, protect
7    the integrity and confidentiality of investigations, and
8    protect the public safety and order.
9    (b) Recordings made with the use of an officer-worn body
10camera are not subject to disclosure under the Freedom of
11Information Act, except that:
12        (1) if the subject of the encounter has a reasonable
13    expectation of privacy, at the time of the recording, any
14    recording which is flagged, due to the filing of a
15    complaint, discharge of a firearm, use of force, arrest or
16    detention, or resulting death or bodily harm, shall be
17    disclosed in accordance with the Freedom of Information Act
18    if:
19            (A) the subject of the encounter captured on the
20        recording is a victim or witness; and
21            (B) the law enforcement agency obtains written
22        permission of the subject or the subject's legal
23        representative;
24        (2) except as provided in paragraph (1) of this
25    subsection (b), any recording which is flagged due to the
26    filing of a complaint, discharge of a firearm, use of

 

 

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1    force, arrest or detention, or resulting death or bodily
2    harm shall be disclosed in accordance with the Freedom of
3    Information Act; and
4        (3) upon request, the law enforcement agency shall
5    disclose, in accordance with the Freedom of Information
6    Act, the recording to the subject of the encounter captured
7    on the recording or to the subject's attorney, or the
8    officer or his or her legal representative.
9    For the purposes of paragraph (1) of this subsection (b),
10the subject of the encounter does not have a reasonable
11expectation of privacy if the subject was arrested as a result
12of the encounter. For purposes of subparagraph (A) of paragraph
13(1) of this subsection (b), "witness" does not include a person
14who is a victim or who was arrested as a result of the
15encounter.
16    Only recordings or portions of recordings responsive to the
17request shall be available for inspection or reproduction. Any
18recording disclosed under the Freedom of Information Act shall
19be redacted to remove identification of any person that appears
20on the recording and is not the officer, a subject of the
21encounter, or directly involved in the encounter. Nothing in
22this subsection (b) shall require the disclosure of any
23recording or portion of any recording which would be exempt
24from disclosure under the Freedom of Information Act.
25    (c) Nothing in this Section shall limit access to a camera
26recording for the purposes of complying with Supreme Court

 

 

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1rules or the rules of evidence.
2(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
3    (50 ILCS 706/10-25)
4    Sec. 10-25. Reporting.
5    (a) Each law enforcement agency which employs the use of
6officer-worn body cameras must provide an annual report on the
7use of officer-worn body cameras to the Board, on or before May
81 of the year. The report shall include:
9        (1) a brief overview of the makeup of the agency,
10    including the number of officers utilizing officer-worn
11    body cameras;
12        (2) the number of officer-worn body cameras utilized by
13    the law enforcement agency;
14        (3) any technical issues with the equipment and how
15    those issues were remedied;
16        (4) a brief description of the review process used by
17    supervisors within the law enforcement agency;
18        (5) for each recording used in prosecutions of
19    conservation, criminal, or traffic offenses or municipal
20    ordinance violations:
21            (A) the time, date, location, and precinct of the
22        incident;
23            (B) the offense charged and the date charges were
24        filed; and
25        (6) any other information relevant to the

 

 

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1    administration of the program.
2    (b) On or before July 30 of each year, the Board must
3analyze the law enforcement agency reports and provide an
4annual report to the General Assembly and the Governor.
5(Source: P.A. 99-352, eff. 1-1-16.)
 
6    Section 10-147. The Uniform Crime Reporting Act is amended
7by changing Sections 5-10, 5-12, and 5-20 and by adding Section
85-11 as follows:
 
9    (50 ILCS 709/5-10)
10    Sec. 5-10. Central repository of crime statistics. The
11Department of State Police shall be a central repository and
12custodian of crime statistics for the State and shall have all
13the power necessary to carry out the purposes of this Act,
14including the power to demand and receive cooperation in the
15submission of crime statistics from all law enforcement
16agencies. All data and information provided to the Department
17under this Act must be provided in a manner and form prescribed
18by the Department. On an annual basis, the Department shall
19make available compilations of crime statistics and monthly
20reporting required to be reported by each law enforcement
21agency.
22(Source: P.A. 99-352, eff. 1-1-16.)
 
23    (50 ILCS 709/5-11 new)

 

 

10100HB3653sam001- 101 -LRB101 05541 RLC 74780 a

1    Sec. 5-11. FBI National Use of Force Database.The
2Department shall participate in and regularly submit use of
3force information to the Federal Bureau of Investigation (FBI)
4National Use of Force Database. Within 90 days of the effective
5date of this amendatory act, the Department shall promulgate
6rules outlining the use of force information required for
7submission to the Database, which shall be submitted monthly by
8law enforcement agencies under Section 5-12.
 
9    (50 ILCS 709/5-12)
10    Sec. 5-12. Monthly reporting. All law enforcement agencies
11shall submit to the Department of State Police on a monthly
12basis the following:
13        (1) beginning January 1, 2016, a report on any
14    arrest-related death that shall include information
15    regarding the deceased, the officer, any weapon used by the
16    officer or the deceased, and the circumstances of the
17    incident. The Department shall submit on a quarterly basis
18    all information collected under this paragraph (1) to the
19    Illinois Criminal Justice Information Authority,
20    contingent upon updated federal guidelines regarding the
21    Uniform Crime Reporting Program;
22        (2) beginning January 1, 2017, a report on any instance
23    when a law enforcement officer discharges his or her
24    firearm causing a non-fatal injury to a person, during the
25    performance of his or her official duties or in the line of

 

 

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1    duty;
2        (3) a report of incident-based information on hate
3    crimes including information describing the offense,
4    location of the offense, type of victim, offender, and bias
5    motivation. If no hate crime incidents occurred during a
6    reporting month, the law enforcement agency must submit a
7    no incident record, as required by the Department;
8        (4) a report on any incident of an alleged commission
9    of a domestic crime, that shall include information
10    regarding the victim, offender, date and time of the
11    incident, any injury inflicted, any weapons involved in the
12    commission of the offense, and the relationship between the
13    victim and the offender;
14        (5) data on an index of offenses selected by the
15    Department based on the seriousness of the offense,
16    frequency of occurrence of the offense, and likelihood of
17    being reported to law enforcement. The data shall include
18    the number of index crime offenses committed and number of
19    associated arrests; and
20        (6) data on offenses and incidents reported by schools
21    to local law enforcement. The data shall include offenses
22    defined as an attack against school personnel,
23    intimidation offenses, drug incidents, and incidents
24    involving weapons; .
25        (7) beginning on July 1, 2021, a report on any incident
26    where a law enforcement officer was dispatched to deal with

 

 

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1    a person experiencing a mental health crisis or incident.
2    The report shall include the number of incidents, the level
3    of law enforcement response and the outcome of each
4    incident; and
5        (8) beginning on July 1, 2021, a report on use of
6    force, including any action that resulted in the death or
7    serious bodily injury of a person or the discharge of a
8    firearm at or in the direction of a person. The report
9    shall include information required by the Department,
10    pursuant to Section 5-11 of this Act.
11(Source: P.A. 99-352, eff. 1-1-16.)
 
12    (50 ILCS 709/5-20)
13    Sec. 5-20. Reporting compliance. The Department of State
14Police shall annually report to the Illinois Law Enforcement
15Training Standards Board and the Department of Revenue any law
16enforcement agency not in compliance with the reporting
17requirements under this Act. A law enforcement agency's
18compliance with the reporting requirements under this Act shall
19be a factor considered by the Illinois Law Enforcement Training
20Standards Board in awarding grant funding under the Law
21Enforcement Camera Grant Act, with preference to law
22enforcement agencies which are in compliance with reporting
23requirements under this Act. Any municipality or county which
24oversees a law enforcement agency which fails to comply with
25this Act shall be subject to a reduction in LGDF funding at a

 

 

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1rate of 20% per year until the requirements of this Section are
2met.
3(Source: P.A. 99-352, eff. 1-1-16.)
 
4    Section 10-150. The Uniform Peace Officers' Disciplinary
5Act is amended by changing Sections 3.2, 3.4, and 3.8 as
6follows:
 
7    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
8    Sec. 3.2. No officer shall be subjected to interrogation
9without first being informed in writing of the nature of the
10investigation. If an administrative proceeding is instituted,
11the officer shall be informed beforehand of the names of all
12complainants. The information shall be sufficient as to
13reasonably apprise the officer of the nature of the
14investigation.
15(Source: P.A. 83-981.)
 
16    (50 ILCS 725/3.4)  (from Ch. 85, par. 2557)
17    Sec. 3.4. The officer under investigation shall be informed
18in writing of the name, rank and unit or command of the officer
19in charge of the investigation, the interrogators, and all
20persons who will be present on the behalf of the employer
21during any interrogation except at a public administrative
22proceeding. The officer under investigation shall inform the
23employer of any person who will be present on his or her behalf

 

 

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1during any interrogation except at a public administrative
2hearing.
3(Source: P.A. 94-344, eff. 1-1-06.)
 
4    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
5    Sec. 3.8. Admissions; counsel; verified complaint.
6    (a) No officer shall be interrogated without first being
7advised in writing that admissions made in the course of the
8interrogation may be used as evidence of misconduct or as the
9basis for charges seeking suspension, removal, or discharge;
10and without first being advised in writing that he or she has
11the right to counsel of his or her choosing who may be present
12to advise him or her at any stage of any interrogation.
13    (b) It shall not be a requirement for a person Anyone
14filing a complaint against a sworn peace officer to must have
15the complaint supported by a sworn affidavit or any other legal
16documentation. This ban on an affidavit requirement shall apply
17to any collective bargaining agreements entered after the
18effective date of this provision. Any complaint, having been
19supported by a sworn affidavit, and having been found, in total
20or in part, to contain knowingly false material information,
21shall be presented to the appropriate State's Attorney for a
22determination of prosecution.
23(Source: P.A. 97-472, eff. 8-22-11.)
 
24    Section 10-155. The Police and Community Relations

 

 

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1Improvement Act is amended by adding Section 1-35 as follows:
 
2    (50 ILCS 727/1-35 new)
3    Sec. 1-35. Anonymous complaint policy.
4    (a) Each law enforcement agency shall adopt a written
5policy outlining the process for the handling of anonymous
6complaints. The written policy shall include, at a minimum, the
7following:
8        (1) the location where anonymous complaints can be
9    submitted;
10        (2) the officer or department which will review and
11    investigate the complaints;
12        (3) the process by which a person can determine the
13    current status of the complaint;
14        (4) each complaint shall be reviewed and investigated
15    by the highest ranking law enforcement officer of the
16    agency, or his or her designee; and
17        (5) within 30 days of receipt, each complaint shall be
18    reviewed and a determination shall be made on whether to
19    forward the complaint on for internal investigation, to the
20    Illinois Law Enforcement Training Standards Board, local
21    State's Attorney, Attorney General's Office or other
22    overseeing entity.
23    (b) The policy required by this Section shall be made
24publicly accessible on the law enforcement agency's website. If
25no such website exists, the policy shall be posted in a highly

 

 

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1conspicuous, visible location in the each law enforcement
2agency office.
 
3    Section 10-160. The Counties Code is amended by changing
4Sections 3-9008, 4-5001, 4-12001, and 4-12001.1 and by adding
5Section 3-6041 as follows:
 
6    (55 ILCS 5/3-6041 new)
7    Sec. 3-6041. Military equipment surplus program.
8    (a) For purposes of this Section:
9    "Bayonet" means a large knife designed to be attached to
10the muzzle of a rifle, shotgun, or long gun for the purpose of
11hand-to-hand combat.
12    "Camouflage uniform" does not include a woodland or desert
13pattern or solid color uniform.
14    "Grenade launcher" means a firearm or firearm accessory
15designed to launch small explosive projectiles.
16    "Military equipment surplus program" means any federal or
17State program allowing a law enforcement agency to obtain
18surplus military equipment including, but not limited to, any
19program organized under Section 1122 of the National Defense
20Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
21Section 1033 of the National Defense Authorization Act for
22Fiscal Year 1997 (Pub. L. 104-201) or any program established
23under 10 U.S.C. 2576a.
24    "Tracked armored vehicle" means a vehicle that provides

 

 

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1ballistic protection to its occupants and utilizes a tracked
2system installed of wheels for forward motion.
3    "Weaponized aircraft, vessel, or vehicle" means any
4aircraft, vessel, or vehicle with weapons installed.
5    (b) A sheriff's department shall not request or receive
6from any military equipment surplus program nor purchase or
7otherwise utilize the following equipment:
8        (1) tracked armored vehicles;
9        (2) weaponized aircraft, vessels, or vehicles;
10        (3) firearms of .50-caliber or higher;
11        (4) ammunition of .50-caliber or higher;
12        (5) grenade launchers;
13        (6) bayonets; or
14        (7) camouflage uniforms.
15    (c) A home rule county may not regulate the acquisition of
16equipment in a manner inconsistent with this Section. This
17Section is a limitation under subsection (i) of Section 6 of
18Article VII of the Illinois Constitution on the concurrent
19exercise by home rule counties of powers and functions
20exercised by the State.
21    (d) If the sheriff requests property from a military
22equipment surplus program, the sheriff shall publish notice of
23the request on a publicly accessible website maintained by the
24sheriff or the county within 14 days after the request.
 
25    (55 ILCS 5/3-9008)  (from Ch. 34, par. 3-9008)

 

 

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1    Sec. 3-9008. Appointment of attorney to perform duties.
2    (a) (Blank).
3    (a-5) The court on its own motion, or an interested person
4in a cause or proceeding, civil or criminal, may file a
5petition alleging that the State's Attorney is sick, absent, or
6unable to fulfill his or her duties. The court shall consider
7the petition, any documents filed in response, and if
8necessary, grant a hearing to determine whether the State's
9Attorney is sick, absent, or otherwise unable to fulfill his or
10her duties. If the court finds that the State's Attorney is
11sick, absent, or otherwise unable to fulfill his or her duties,
12the court may appoint some competent attorney to prosecute or
13defend the cause or proceeding.
14    (a-10) The court on its own motion, or an interested person
15in a cause or proceeding, civil or criminal, may file a
16petition alleging that the State's Attorney has an actual
17conflict of interest in the cause or proceeding. The court
18shall consider the petition, any documents filed in response,
19and if necessary, grant a hearing to determine whether the
20State's Attorney has an actual conflict of interest in the
21cause or proceeding. If the court finds that the petitioner has
22proven by sufficient facts and evidence that the State's
23Attorney has an actual conflict of interest in a specific case,
24the court may appoint some competent attorney to prosecute or
25defend the cause or proceeding.
26    (a-15) Notwithstanding subsections (a-5) and (a-10) of

 

 

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1this Section, the State's Attorney may file a petition to
2recuse himself or herself from a cause or proceeding for any
3other reason he or she deems appropriate and the court shall
4appoint a special prosecutor as provided in this Section.
5    (a-17) In a county exceeding a population of 3,000,000, if
6the court determines that the appointment of a special
7prosecutor is required under subsection (a-10) or (a-15), the
8court shall request the Office of the State's Attorneys
9Appellate Prosecutor to serve as the special prosecutor if the
10cause or proceeding is an officer-involved death, as that term
11is defined in Section 1-5 of the Police and Community Relations
12Improvement Act. If the Office of the State's Attorneys
13Appellate Prosecutor accepts the request, the Office of the
14State's Attorneys Appellate Prosecutor shall be appointed by
15the court and shall have the same power and authority in
16relation to the cause or proceeding as the State's Attorney
17would have had if present and attending to the cause or
18proceedings.
19    (a-20) Except as provided in subsection (a-17), prior Prior
20to appointing a private attorney under this Section, the court
21shall contact public agencies, including, but not limited to,
22the Office of Attorney General, Office of the State's Attorneys
23Appellate Prosecutor, or local State's Attorney's Offices
24throughout the State, to determine a public prosecutor's
25availability to serve as a special prosecutor at no cost to the
26county and shall appoint a public agency if they are able and

 

 

10100HB3653sam001- 111 -LRB101 05541 RLC 74780 a

1willing to accept the appointment. An attorney so appointed
2shall have the same power and authority in relation to the
3cause or proceeding as the State's Attorney would have if
4present and attending to the cause or proceedings.
5    (b) In case of a vacancy of more than one year occurring in
6any county in the office of State's attorney, by death,
7resignation or otherwise, and it becomes necessary for the
8transaction of the public business, that some competent
9attorney act as State's attorney in and for such county during
10the period between the time of the occurrence of such vacancy
11and the election and qualification of a State's attorney, as
12provided by law, the vacancy shall be filled upon the written
13request of a majority of the circuit judges of the circuit in
14which is located the county where such vacancy exists, by
15appointment as provided in The Election Code of some competent
16attorney to perform and discharge all the duties of a State's
17attorney in the said county, such appointment and all authority
18thereunder to cease upon the election and qualification of a
19State's attorney, as provided by law. Any attorney appointed
20for any reason under this Section shall possess all the powers
21and discharge all the duties of a regularly elected State's
22attorney under the laws of the State to the extent necessary to
23fulfill the purpose of such appointment, and shall be paid by
24the county he serves not to exceed in any one period of 12
25months, for the reasonable amount of time actually expended in
26carrying out the purpose of such appointment, the same

 

 

10100HB3653sam001- 112 -LRB101 05541 RLC 74780 a

1compensation as provided by law for the State's attorney of the
2county, apportioned, in the case of lesser amounts of
3compensation, as to the time of service reasonably and actually
4expended. The county shall participate in all agreements on the
5rate of compensation of a special prosecutor.
6    (c) An order granting authority to a special prosecutor
7must be construed strictly and narrowly by the court. The power
8and authority of a special prosecutor shall not be expanded
9without prior notice to the county. In the case of the proposed
10expansion of a special prosecutor's power and authority, a
11county may provide the court with information on the financial
12impact of an expansion on the county. Prior to the signing of
13an order requiring a county to pay for attorney's fees or
14litigation expenses, the county shall be provided with a
15detailed copy of the invoice describing the fees, and the
16invoice shall include all activities performed in relation to
17the case and the amount of time spent on each activity.
18(Source: P.A. 99-352, eff. 1-1-16.)
 
19    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
20    Sec. 4-5001. Sheriffs; counties of first and second class.
21The fees of sheriffs in counties of the first and second class,
22except when increased by county ordinance under this Section,
23shall be as follows:
24    For serving or attempting to serve summons on each
25defendant in each county, $10.

 

 

10100HB3653sam001- 113 -LRB101 05541 RLC 74780 a

1    For serving or attempting to serve an order or judgment
2granting injunctive relief in each county, $10.
3    For serving or attempting to serve each garnishee in each
4county, $10.
5    For serving or attempting to serve an order for replevin in
6each county, $10.
7    For serving or attempting to serve an order for attachment
8on each defendant in each county, $10.
9    For serving or attempting to serve a warrant of arrest, $8,
10to be paid upon conviction.
11    For returning a defendant from outside the State of
12Illinois, upon conviction, the court shall assess, as court
13costs, the cost of returning a defendant to the jurisdiction.
14    For taking special bail, $1 in each county.
15    For serving or attempting to serve a subpoena on each
16witness, in each county, $10.
17    For advertising property for sale, $5.
18    For returning each process, in each county, $5.
19    Mileage for each mile of necessary travel to serve any such
20process as Stated above, calculating from the place of holding
21court to the place of residence of the defendant, or witness,
2250 each way.
23    For summoning each juror, $3 with 30 mileage each way in
24all counties.
25    For serving or attempting to serve notice of judgments or
26levying to enforce a judgment, $3 with 50 mileage each way in

 

 

10100HB3653sam001- 114 -LRB101 05541 RLC 74780 a

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

 

 

10100HB3653sam001- 115 -LRB101 05541 RLC 74780 a

1duplicate, in counties of first class, $3; in counties of the
2second class, $3.
3    For making certificate of redemption, $3.
4    For certificate of levy and filing, $3, and the fee for
5recording shall be advanced by the judgment creditor and
6charged as costs.
7    For taking all civil bonds on legal process, civil and
8criminal, in counties of first class, $1; in second class, $1.
9    For executing copies in criminal cases, $4 and mileage for
10each mile of necessary travel, 20 each way.
11    For executing requisitions from other states, $5.
12    For conveying each prisoner from the prisoner's own county
13to the jail of another county, or from another county to the
14jail of the prisoner's county, per mile, for going, only, 30.
15    For conveying persons to the penitentiary, reformatories,
16Illinois State Training School for Boys, Illinois State
17Training School for Girls and Reception Centers, the following
18fees, payable out of the State treasury. For each person who is
19conveyed, 35 per mile in going only to the penitentiary,
20reformatory, Illinois State Training School for Boys, Illinois
21State Training School for Girls and Reception Centers, from the
22place of conviction.
23    The fees provided for transporting persons to the
24penitentiary, reformatories, Illinois State Training School
25for Boys, Illinois State Training School for Girls and
26Reception Centers shall be paid for each trip so made. Mileage

 

 

10100HB3653sam001- 116 -LRB101 05541 RLC 74780 a

1as used in this Section means the shortest practical route,
2between the place from which the person is to be transported,
3to the penitentiary, reformatories, Illinois State Training
4School for Boys, Illinois State Training School for Girls and
5Reception Centers and all fees per mile shall be computed on
6such basis.
7    For conveying any person to or from any of the charitable
8institutions of the State, when properly committed by competent
9authority, when one person is conveyed, 35 per mile; when two
10persons are conveyed at the same time, 35 per mile for the
11first person and 20 per mile for the second person; and 10
12per mile for each additional person.
13    For conveying a person from the penitentiary to the county
14jail when required by law, 35 per mile.
15    For attending Supreme Court, $10 per day.
16    In addition to the above fees there shall be allowed to the
17sheriff a fee of $600 for the sale of real estate which is made
18by virtue of any judgment of a court, except that in the case
19of a sale of unimproved real estate which sells for $10,000 or
20less, the fee shall be $150. In addition to this fee and all
21other fees provided by this Section, there shall be allowed to
22the sheriff a fee in accordance with the following schedule for
23the sale of personal estate which is made by virtue of any
24judgment of a court:
25    For judgments up to $1,000, $75;
26    For judgments from $1,001 to $15,000, $150;

 

 

10100HB3653sam001- 117 -LRB101 05541 RLC 74780 a

1    For judgments over $15,000, $300.
2    The foregoing fees allowed by this Section are the maximum
3fees that may be collected from any officer, agency, department
4or other instrumentality of the State. The county board may,
5however, by ordinance, increase the fees allowed by this
6Section and collect those increased fees from all persons and
7entities other than officers, agencies, departments and other
8instrumentalities of the State if the increase is justified by
9an acceptable cost study showing that the fees allowed by this
10Section are not sufficient to cover the costs of providing the
11service. A statement of the costs of providing each service,
12program and activity shall be prepared by the county board. All
13supporting documents shall be public records and subject to
14public examination and audit. All direct and indirect costs, as
15defined in the United States Office of Management and Budget
16Circular A-87, may be included in the determination of the
17costs of each service, program and activity.
18    In all cases where the judgment is settled by the parties,
19replevied, stopped by injunction or paid, or where the property
20levied upon is not actually sold, the sheriff shall be allowed
21his fee for levying and mileage, together with half the fee for
22all money collected by him which he would be entitled to if the
23same was made by sale to enforce the judgment. In no case shall
24the fee exceed the amount of money arising from the sale.
25    The fee requirements of this Section do not apply to police
26departments or other law enforcement agencies. For the purposes

 

 

10100HB3653sam001- 118 -LRB101 05541 RLC 74780 a

1of this Section, "law enforcement agency" means an agency of
2the State or unit of local government which is vested by law or
3ordinance with the duty to maintain public order and to enforce
4criminal laws.
5(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
6    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
7    Sec. 4-12001. Fees of sheriff in third class counties. The
8officers herein named, in counties of the third class, shall be
9entitled to receive the fees herein specified, for the services
10mentioned and such other fees as may be provided by law for
11such other services not herein designated.
12Fees for Sheriff
13    For serving or attempting to serve any summons on each
14defendant, $35.
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, $35.
21    For serving or attempting to serve a subpoena on each
22witness, $35.
23    For serving or attempting to serve each warrant, $35.
24    For serving or attempting to serve each garnishee, $35.
25    For summoning each juror, $10.

 

 

10100HB3653sam001- 119 -LRB101 05541 RLC 74780 a

1    For serving or attempting to serve each order or judgment
2for replevin, $35.
3    For serving or attempting to serve an order for attachment,
4on each defendant, $35.
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, $35, 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, $35.
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, $8, 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, $20.
22    For making certificate of sale and making and filing
23duplicate for record, $15, 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, $15; for

 

 

10100HB3653sam001- 120 -LRB101 05541 RLC 74780 a

1preparing, executing and acknowledging all other deeds on sale
2of real estate, $10.
3    For making and filing certificate of redemption, $15, 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, $11, 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, $10.
10    For taking special bail, $5.
11    For returning each process, $15.
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, $9 per day.
16    For executing requisitions from other States, $13.
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$3.
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

 

 

10100HB3653sam001- 121 -LRB101 05541 RLC 74780 a

1requiring his confinement, $3.
2    For feeding such prisoners per day, $3, to be paid by the
3marshal or other person requiring the prisoner's confinement.
4    For discharging such prisoners, $3.
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, 20 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,
1420 per mile for the first and 15 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 20 per mile for
17the first, 15 per mile for the second and 10 per mile for
18each additional 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

 

 

10100HB3653sam001- 122 -LRB101 05541 RLC 74780 a

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 $900 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, $100;
13    For judgments over $1,000 to $15,000, $300;
14    For judgments over $15,000, $500.
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    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

 

 

10100HB3653sam001- 123 -LRB101 05541 RLC 74780 a

1ordinance with the duty to maintain public order and to enforce
2criminal laws or ordinances.
3    The fee requirements of this Section do not apply to units
4of local government or school districts.
5(Source: P.A. 100-173, eff. 1-1-18.)
 
6    (55 ILCS 5/4-12001.1)  (from Ch. 34, par. 4-12001.1)
7    Sec. 4-12001.1. Fees of sheriff in third class counties;
8local governments and school districts. The officers herein
9named, in counties of the third class, shall be entitled to
10receive the fees herein specified from all units of local
11government and school districts, for the services mentioned and
12such other fees as may be provided by law for such other
13services not herein designated.
14Fees for Sheriff
15    For serving or attempting to serve any summons on each
16defendant, $25.
17    For serving or attempting to serve each alias summons or
18other process mileage will be charged as hereinafter provided
19when the address for service differs from the address for
20service on the original summons or other process.
21    For serving or attempting to serve all other process, on
22each defendant, $25.
23    For serving or attempting to serve a subpoena on each
24witness, $25.
25    For serving or attempting to serve each warrant, $25.

 

 

10100HB3653sam001- 124 -LRB101 05541 RLC 74780 a

1    For serving or attempting to serve each garnishee, $25.
2    For summoning each juror, $4.
3    For serving or attempting to serve each order or judgment
4for replevin, $25.
5    For serving or attempting to serve an order for attachment,
6on each defendant, $25.
7    For serving or attempting to serve an order or judgment for
8the possession of real estate in an action of ejectment or in
9any other action, or for restitution in an eviction action,
10without aid, $9, and when aid is necessary, the sheriff shall
11be allowed to tax in addition the actual costs thereof.
12    For serving or attempting to serve notice of judgment, $25.
13    For levying to satisfy an order in an action for
14attachment, $25.
15    For executing order of court to seize personal property,
16$25.
17    For making certificate of levy on real estate and filing or
18recording same, $3, and the fee for filing or recording shall
19be advanced by the plaintiff in attachment or by the judgment
20creditor and taxed as costs. For taking possession of or
21removing property levied on, the sheriff shall be allowed to
22tax the necessary actual costs of such possession or removal.
23    For advertising property for sale, $3.
24    For making certificate of sale and making and filing
25duplicate for record, $3, and the fee for recording same shall
26be advanced by the judgment creditor and taxed as costs.

 

 

10100HB3653sam001- 125 -LRB101 05541 RLC 74780 a

1    For preparing, executing and acknowledging deed on
2redemption from a court sale of real estate, $6; for preparing,
3executing and acknowledging all other deeds on sale of real
4estate, $4.
5    For making and filing certificate of redemption, $3.50, and
6the fee for recording same shall be advanced by party making
7the redemption and taxed as costs.
8    For making and filing certificate of redemption from a
9court sale, $4.50, and the fee for recording same shall be
10advanced by the party making the redemption and taxed as costs.
11    For taking all bonds on legal process, $2.
12    For taking special bail, $2.
13    For returning each process, $5.
14    Mileage for service or attempted service of all process is
15a $10 flat fee.
16    For attending before a court with a prisoner on an order
17for habeas corpus, $3.50 per day.
18    For executing requisitions from other States, $5.
19    For conveying each prisoner from the prisoner's county to
20the jail of another county, per mile for going only, 25.
21    For committing to or discharging each prisoner from jail,
22$1.
23    For feeding each prisoner, such compensation to cover
24actual costs as may be fixed by the county board, but such
25compensation shall not be considered a part of the fees of the
26office.

 

 

10100HB3653sam001- 126 -LRB101 05541 RLC 74780 a

1    For committing each prisoner to jail under the laws of the
2United States, to be paid by the marshal or other person
3requiring his confinement, $1.
4    For feeding such prisoners per day, $1, to be paid by the
5marshal or other person requiring the prisoner's confinement.
6    For discharging such prisoners, $1.
7    For conveying persons to the penitentiary, reformatories,
8Illinois State Training School for Boys, Illinois State
9Training School for Girls, Reception Centers and Illinois
10Security Hospital, the following fees, payable out of the State
11Treasury. When one person is conveyed, 15 per mile in going to
12the penitentiary, reformatories, Illinois State Training
13School for Boys, Illinois State Training School for Girls,
14Reception Centers and Illinois Security Hospital from the place
15of conviction; when 2 persons are conveyed at the same time,
1615 per mile for the first and 10 per mile for the second
17person; when more than 2 persons are conveyed at the same time
18as stated above, the sheriff shall be allowed 15 per mile for
19the first, 10 per mile for the second and 5 per mile for each
20additional person.
21    The fees provided for herein for transporting persons to
22the penitentiary, reformatories, Illinois State Training
23School for Boys, Illinois State Training School for Girls,
24Reception Centers and Illinois Security Hospital, shall be paid
25for each trip so made. Mileage as used in this Section means
26the shortest route on a hard surfaced road, (either State Bond

 

 

10100HB3653sam001- 127 -LRB101 05541 RLC 74780 a

1Issue Route or Federal highways) or railroad, whichever is
2shorter, between the place from which the person is to be
3transported, to the penitentiary, reformatories, Illinois
4State Training School for Boys, Illinois State Training School
5for Girls, Reception Centers and Illinois Security Hospital,
6and all fees per mile shall be computed on such basis.
7    In addition to the above fees, there shall be allowed to
8the sheriff a fee of $600 for the sale of real estate which
9shall be made by virtue of any judgment of a court. In addition
10to this fee and all other fees provided by this Section, there
11shall be allowed to the sheriff a fee in accordance with the
12following schedule for the sale of personal estate which is
13made by virtue of any judgment of a court:
14    For judgments up to $1,000, $90;
15    For judgments over $1,000 to $15,000, $275;
16    For judgments over $15,000, $400.
17    In all cases where the judgment is settled by the parties,
18replevied, stopped by injunction or paid, or where the property
19levied upon is not actually sold, the sheriff shall be allowed
20the fee for levying and mileage, together with half the fee for
21all money collected by him or her which he or she would be
22entitled to if the same were made by sale in the enforcement of
23a judgment. In no case shall the fee exceed the amount of money
24arising from the sale.
25     All fees collected under Sections 4-12001 and 4-12001.1
26must be used for public safety purposes only.

 

 

10100HB3653sam001- 128 -LRB101 05541 RLC 74780 a

1(Source: P.A. 100-173, eff. 1-1-18.)
 
2    Section 10-165. The Illinois Municipal Code is amended by
3adding Section 11-5.1-2 as follows:
 
4    (65 ILCS 5/11-5.1-2 new)
5    Sec. 11-5.1-2. Military equipment surplus program.
6    (a) For purposes of this Section:
7    "Bayonet" means large knives designed to be attached to the
8muzzle of a rifle, shotgun, or long gun for the purposes of
9hand-to-hand combat.
10    "Camouflage uniform" does not include woodland or desert
11patterns or solid color uniforms.
12    "Grenade launcher" means a firearm or firearm accessory
13designed to launch small explosive projectiles.
14    "Military equipment surplus program" means any federal or
15state program allowing a law enforcement agency to obtain
16surplus military equipment including, but not limit to, any
17program organized under Section 1122 of the National Defense
18Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
19Section 1033 of the National Defense Authorization Act for
20Fiscal Year 1997 (Pub. L. 104-201) or any program established
21by the United States Department of Defense under 10 U.S.C.
222576a.
23    "Tracked armored vehicle" means a vehicle that provides
24ballistic protection to its occupants and utilizes a tracked

 

 

10100HB3653sam001- 129 -LRB101 05541 RLC 74780 a

1system installed of wheels for forward motion.
2    "Weaponized aircraft, vessels, or vehicles" means any
3aircraft, vessel, or vehicle with weapons installed.
4    (b) A police department shall not request or receive from
5any military equipment surplus program nor purchase or
6otherwise utilize the following equipment:
7        (1) tracked armored vehicles;
8        (2) weaponized aircraft, vessels, or vehicles;
9        (3) firearms of .50-caliber or higher;
10        (4) ammunition of .50-caliber or higher;
11        (5) grenade launchers, grenades, or similar
12    explosives;
13        (6) bayonets; or
14        (7) camouflage uniforms.
15    (c) A home rule municipality may not regulate the
16acquisition of equipment in a manner inconsistent with this
17Section. This Section is a limitation under subsection (i) of
18Section 6 of Article VII of the Illinois Constitution on the
19concurrent exercise by home rule municipalities of powers and
20functions exercised by the State.
21    (d) If a police department requests property from a
22military equipment surplus program, the police department
23shall publish notice of the request on a publicly accessible
24website maintained by the police department or the municipality
25within 14 days after the request.
 

 

 

10100HB3653sam001- 130 -LRB101 05541 RLC 74780 a

1    (65 ILCS 5/1-2-12.1 rep.)
2    Section 10-170. The Illinois Municipal Code is amended by
3repealing Section 1-2-12.1.
 
4    Section 10-175. The Campus Security Enhancement Act of 2008
5is amended by changing Section 15 as follows:
 
6    (110 ILCS 12/15)
7    Sec. 15. Arrest reports.
8    (a) When an individual is arrested, the following
9information must be made available to the news media for
10inspection and copying:
11        (1) Information that identifies the individual,
12    including the name, age, address, and photograph, when and
13    if available.
14        (2) Information detailing any charges relating to the
15    arrest.
16        (3) The time and location of the arrest.
17        (4) The name of the investigating or arresting law
18    enforcement agency.
19        (5) If the individual is incarcerated, the conditions
20    of pretrial release amount of any bail or bond.
21        (6) If the individual is incarcerated, the time and
22    date that the individual was received, discharged, or
23    transferred from the arresting agency's custody.
24    (b) The information required by this Section must be made

 

 

10100HB3653sam001- 131 -LRB101 05541 RLC 74780 a

1available to the news media for inspection and copying as soon
2as practicable, but in no event shall the time period exceed 72
3hours from the arrest. The information described in paragraphs
4(3), (4), (5), and (6) of subsection (a), however, may be
5withheld if it is determined that disclosure would:
6        (1) interfere with pending or actually and reasonably
7    contemplated law enforcement proceedings conducted by any
8    law enforcement or correctional agency;
9        (2) endanger the life or physical safety of law
10    enforcement or correctional personnel or any other person;
11    or
12        (3) compromise the security of any correctional
13    facility.
14    (c) For the purposes of this Section the term "news media"
15means personnel of a newspaper or other periodical issued at
16regular intervals whether in print or electronic format, a news
17service whether in print or electronic format, a radio station,
18a television station, a television network, a community antenna
19television service, or a person or corporation engaged in
20making news reels or other motion picture news for public
21showing.
22    (d) Each law enforcement or correctional agency may charge
23fees for arrest records, but in no instance may the fee exceed
24the actual cost of copying and reproduction. The fees may not
25include the cost of the labor used to reproduce the arrest
26record.

 

 

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1    (e) The provisions of this Section do not supersede the
2confidentiality provisions for arrest records of the Juvenile
3Court Act of 1987.
4(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
592-335, eff. 8-10-01.)
 
6    Section 10-180. The Illinois Insurance Code is amended by
7changing Sections 143.19, 143.19.1, and 205 as follows:
 
8    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
9    Sec. 143.19. Cancellation of automobile insurance policy;
10grounds. After a policy of automobile insurance as defined in
11Section 143.13(a) has been effective for 60 days, or if such
12policy is a renewal policy, the insurer shall not exercise its
13option to cancel such policy except for one or more of the
14following reasons:
15        a. Nonpayment of premium;
16        b. The policy was obtained through a material
17    misrepresentation;
18        c. Any insured violated any of the terms and conditions
19    of the policy;
20        d. The named insured failed to disclose fully his motor
21    vehicle accidents and moving traffic violations for the
22    preceding 36 months if called for in the application;
23        e. Any insured made a false or fraudulent claim or
24    knowingly aided or abetted another in the presentation of

 

 

10100HB3653sam001- 133 -LRB101 05541 RLC 74780 a

1    such a claim;
2        f. The named insured or any other operator who either
3    resides in the same household or customarily operates an
4    automobile insured under such policy:
5            1. has, within the 12 months prior to the notice of
6        cancellation, had his driver's license under
7        suspension or revocation;
8            2. is or becomes subject to epilepsy or heart
9        attacks, and such individual does not produce a
10        certificate from a physician testifying to his
11        unqualified ability to operate a motor vehicle safely;
12            3. has an accident record, conviction record
13        (criminal or traffic), physical, or mental condition
14        which is such that his operation of an automobile might
15        endanger the public safety;
16            4. has, within the 36 months prior to the notice of
17        cancellation, been addicted to the use of narcotics or
18        other drugs; or
19            5. has been convicted, or violated conditions of
20        pretrial release forfeited bail, during the 36 months
21        immediately preceding the notice of cancellation, for
22        any felony, criminal negligence resulting in death,
23        homicide or assault arising out of the operation of a
24        motor vehicle, operating a motor vehicle while in an
25        intoxicated condition or while under the influence of
26        drugs, being intoxicated while in, or about, an

 

 

10100HB3653sam001- 134 -LRB101 05541 RLC 74780 a

1        automobile or while having custody of an automobile,
2        leaving the scene of an accident without stopping to
3        report, theft or unlawful taking of a motor vehicle,
4        making false statements in an application for an
5        operator's or chauffeur's license or has been
6        convicted or pretrial release has been revoked
7        forfeited bail for 3 or more violations within the 12
8        months immediately preceding the notice of
9        cancellation, of any law, ordinance, or regulation
10        limiting the speed of motor vehicles or any of the
11        provisions of the motor vehicle laws of any state,
12        violation of which constitutes a misdemeanor, whether
13        or not the violations were repetitions of the same
14        offense or different offenses;
15        g. The insured automobile is:
16            1. so mechanically defective that its operation
17        might endanger public safety;
18            2. used in carrying passengers for hire or
19        compensation (the use of an automobile for a car pool
20        shall not be considered use of an automobile for hire
21        or compensation);
22            3. used in the business of transportation of
23        flammables or explosives;
24            4. an authorized emergency vehicle;
25            5. changed in shape or condition during the policy
26        period so as to increase the risk substantially; or

 

 

10100HB3653sam001- 135 -LRB101 05541 RLC 74780 a

1            6. subject to an inspection law and has not been
2        inspected or, if inspected, has failed to qualify.
3    Nothing in this Section shall apply to nonrenewal.
4(Source: P.A. 100-201, eff. 8-18-17.)
 
5    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
6    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
7After a policy of automobile insurance, as defined in Section
8143.13, has been effective or renewed for 5 or more years, the
9company shall not exercise its right of non-renewal unless:
10    a. The policy was obtained through a material
11misrepresentation; or
12    b. Any insured violated any of the terms and conditions of
13the policy; or
14    c. The named insured failed to disclose fully his motor
15vehicle accidents and moving traffic violations for the
16preceding 36 months, if such information is called for in the
17application; or
18    d. Any insured made a false or fraudulent claim or
19knowingly aided or abetted another in the presentation of such
20a claim; or
21    e. The named insured or any other operator who either
22resides in the same household or customarily operates an
23automobile insured under such a policy:
24        1. Has, within the 12 months prior to the notice of
25    non-renewal had his drivers license under suspension or

 

 

10100HB3653sam001- 136 -LRB101 05541 RLC 74780 a

1    revocation; or
2        2. Is or becomes subject to epilepsy or heart attacks,
3    and such individual does not produce a certificate from a
4    physician testifying to his unqualified ability to operate
5    a motor vehicle safely; or
6        3. Has an accident record, conviction record (criminal
7    or traffic), or a physical or mental condition which is
8    such that his operation of an automobile might endanger the
9    public safety; or
10        4. Has, within the 36 months prior to the notice of
11    non-renewal, been addicted to the use of narcotics or other
12    drugs; or
13        5. Has been convicted or pretrial release has been
14    revoked forfeited bail, during the 36 months immediately
15    preceding the notice of non-renewal, for any felony,
16    criminal negligence resulting in death, homicide or
17    assault arising out of the operation of a motor vehicle,
18    operating a motor vehicle while in an intoxicated condition
19    or while under the influence of drugs, being intoxicated
20    while in or about an automobile or while having custody of
21    an automobile, leaving the scene of an accident without
22    stopping to report, theft or unlawful taking of a motor
23    vehicle, making false statements in an application for an
24    operators or chauffeurs license, or has been convicted or
25    pretrial release has been revoked forfeited bail for 3 or
26    more violations within the 12 months immediately preceding

 

 

10100HB3653sam001- 137 -LRB101 05541 RLC 74780 a

1    the notice of non-renewal, of any law, ordinance or
2    regulation limiting the speed of motor vehicles or any of
3    the provisions of the motor vehicle laws of any state,
4    violation of which constitutes a misdemeanor, whether or
5    not the violations were repetitions of the same offense or
6    different offenses; or
7    f. The insured automobile is:
8        1. So mechanically defective that its operation might
9    endanger public safety; or
10        2. Used in carrying passengers for hire or compensation
11    (the use of an automobile for a car pool shall not be
12    considered use of an automobile for hire or compensation);
13    or
14        3. Used in the business of transportation of flammables
15    or explosives; or
16        4. An authorized emergency vehicle; or
17        5. Changed in shape or condition during the policy
18    period so as to increase the risk substantially; or
19        6. Subject to an inspection law and it has not been
20    inspected or, if inspected, has failed to qualify; or
21    g. The notice of the intention not to renew is mailed to
22the insured at least 60 days before the date of nonrenewal as
23provided in Section 143.17.
24(Source: P.A. 89-669, eff. 1-1-97.)
 
25    (215 ILCS 5/205)  (from Ch. 73, par. 817)

 

 

10100HB3653sam001- 138 -LRB101 05541 RLC 74780 a

1    Sec. 205. Priority of distribution of general assets.
2    (1) The priorities of distribution of general assets from
3the company's estate is to be as follows:
4        (a) The costs and expenses of administration,
5    including, but not limited to, the following:
6            (i) The reasonable expenses of the Illinois
7        Insurance Guaranty Fund, the Illinois Life and Health
8        Insurance Guaranty Association, and the Illinois
9        Health Maintenance Organization Guaranty Association
10        and of any similar organization in any other state,
11        including overhead, salaries, and other general
12        administrative expenses allocable to the receivership
13        (administrative and claims handling expenses and
14        expenses in connection with arrangements for ongoing
15        coverage), but excluding expenses incurred in the
16        performance of duties under Section 547 or similar
17        duties under the statute governing a similar
18        organization in another state. For property and
19        casualty insurance guaranty associations that guaranty
20        certain obligations of any member company as defined by
21        Section 534.5, expenses shall include, but not be
22        limited to, loss adjustment expenses, which shall
23        include adjusting and other expenses and defense and
24        cost containment expenses. The expenses of such
25        property and casualty guaranty associations, including
26        the Illinois Insurance Guaranty Fund, shall be

 

 

10100HB3653sam001- 139 -LRB101 05541 RLC 74780 a

1        reimbursed as prescribed by Section 545, but shall be
2        subordinate to all other costs and expenses of
3        administration, including the expenses reimbursed
4        pursuant to subparagraph (ii) of this paragraph (a).
5            (ii) The expenses expressly approved or ratified
6        by the Director as liquidator or rehabilitator,
7        including, but not limited to, the following:
8                (1) the actual and necessary costs of
9            preserving or recovering the property of the
10            insurer;
11                (2) reasonable compensation for all services
12            rendered on behalf of the administrative
13            supervisor or receiver;
14                (3) any necessary filing fees;
15                (4) the fees and mileage payable to witnesses;
16                (5) unsecured loans obtained by the receiver;
17            and
18                (6) expenses approved by the conservator or
19        rehabilitator of the insurer, if any, incurred in the
20        course of the conservation or rehabilitation that are
21        unpaid at the time of the entry of the order of
22        liquidation.
23        Any unsecured loan falling under item (5) of
24    subparagraph (ii) of this paragraph (a) shall have priority
25    over all other costs and expenses of administration, unless
26    the lender agrees otherwise. Absent agreement to the

 

 

10100HB3653sam001- 140 -LRB101 05541 RLC 74780 a

1    contrary, all other costs and expenses of administration
2    shall be shared on a pro-rata basis, except for the
3    expenses of property and casualty guaranty associations,
4    which shall have a lower priority pursuant to subparagraph
5    (i) of this paragraph (a).
6        (b) Secured claims, including claims for taxes and
7    debts due the federal or any state or local government,
8    that are secured by liens perfected prior to the filing of
9    the complaint.
10        (c) Claims for wages actually owing to employees for
11    services rendered within 3 months prior to the date of the
12    filing of the complaint, not exceeding $1,000 to each
13    employee unless there are claims due the federal government
14    under paragraph (f), then the claims for wages shall have a
15    priority of distribution immediately following that of
16    federal claims under paragraph (f) and immediately
17    preceding claims of general creditors under paragraph (g).
18        (d) Claims by policyholders, beneficiaries, and
19    insureds, under insurance policies, annuity contracts, and
20    funding agreements, liability claims against insureds
21    covered under insurance policies and insurance contracts
22    issued by the company, claims of obligees (and, subject to
23    the discretion of the receiver, completion contractors)
24    under surety bonds and surety undertakings (not to include
25    bail bonds, mortgage or financial guaranty, or other forms
26    of insurance offering protection against investment risk),

 

 

10100HB3653sam001- 141 -LRB101 05541 RLC 74780 a

1    claims by principals under surety bonds and surety
2    undertakings for wrongful dissipation of collateral by the
3    insurer or its agents, and claims incurred during any
4    extension of coverage provided under subsection (5) of
5    Section 193, and claims of the Illinois Insurance Guaranty
6    Fund, the Illinois Life and Health Insurance Guaranty
7    Association, the Illinois Health Maintenance Organization
8    Guaranty Association, and any similar organization in
9    another state as prescribed in Section 545. For purposes of
10    this Section, "funding agreement" means an agreement
11    whereby an insurer authorized to write business under Class
12    1 of Section 4 of this Code may accept and accumulate funds
13    and make one or more payments at future dates in amounts
14    that are not based upon mortality or morbidity
15    contingencies.
16        (e) Claims by policyholders, beneficiaries, and
17    insureds, the allowed values of which were determined by
18    estimation under paragraph (b) of subsection (4) of Section
19    209.
20        (f) Any other claims due the federal government.
21        (g) All other claims of general creditors not falling
22    within any other priority under this Section including
23    claims for taxes and debts due any state or local
24    government which are not secured claims and claims for
25    attorneys' fees incurred by the company in contesting its
26    conservation, rehabilitation, or liquidation.

 

 

10100HB3653sam001- 142 -LRB101 05541 RLC 74780 a

1        (h) Claims of guaranty fund certificate holders,
2    guaranty capital shareholders, capital note holders, and
3    surplus note holders.
4        (i) Proprietary claims of shareholders, members, or
5    other owners.
6    Every claim under a written agreement, statute, or rule
7providing that the assets in a separate account are not
8chargeable with the liabilities arising out of any other
9business of the insurer shall be satisfied out of the funded
10assets in the separate account equal to, but not to exceed, the
11reserves maintained in the separate account under the separate
12account agreement, and to the extent, if any, the claim is not
13fully discharged thereby, the remainder of the claim shall be
14treated as a priority level (d) claim under paragraph (d) of
15this subsection to the extent that reserves have been
16established in the insurer's general account pursuant to
17statute, rule, or the separate account agreement.
18    For purposes of this provision, "separate account
19policies, contracts, or agreements" means any policies,
20contracts, or agreements that provide for separate accounts as
21contemplated by Section 245.21.
22    To the extent that any assets of an insurer, other than
23those assets properly allocated to and maintained in a separate
24account, have been used to fund or pay any expenses, taxes, or
25policyholder benefits that are attributable to a separate
26account policy, contract, or agreement that should have been

 

 

10100HB3653sam001- 143 -LRB101 05541 RLC 74780 a

1paid by a separate account prior to the commencement of
2receivership proceedings, then upon the commencement of
3receivership proceedings, the separate accounts that benefited
4from this payment or funding shall first be used to repay or
5reimburse the company's general assets or account for any
6unreimbursed net sums due at the commencement of receivership
7proceedings prior to the application of the separate account
8assets to the satisfaction of liabilities or the corresponding
9separate account policies, contracts, and agreements.
10    To the extent, if any, reserves or assets maintained in the
11separate account are in excess of the amounts needed to satisfy
12claims under the separate account contracts, the excess shall
13be treated as part of the general assets of the insurer's
14estate.
15    (2) Within 120 days after the issuance of an Order of
16Liquidation with a finding of insolvency against a domestic
17company, the Director shall make application to the court
18requesting authority to disburse funds to the Illinois
19Insurance Guaranty Fund, the Illinois Life and Health Insurance
20Guaranty Association, the Illinois Health Maintenance
21Organization Guaranty Association, and similar organizations
22in other states from time to time out of the company's
23marshaled assets as funds become available in amounts equal to
24disbursements made by the Illinois Insurance Guaranty Fund, the
25Illinois Life and Health Insurance Guaranty Association, the
26Illinois Health Maintenance Organization Guaranty Association,

 

 

10100HB3653sam001- 144 -LRB101 05541 RLC 74780 a

1and similar organizations in other states for covered claims
2obligations on the presentation of evidence that such
3disbursements have been made by the Illinois Insurance Guaranty
4Fund, the Illinois Life and Health Insurance Guaranty
5Association, the Illinois Health Maintenance Organization
6Guaranty Association, and similar organizations in other
7states.
8    The Director shall establish procedures for the ratable
9allocation and distribution of disbursements to the Illinois
10Insurance Guaranty Fund, the Illinois Life and Health Insurance
11Guaranty Association, the Illinois Health Maintenance
12Organization Guaranty Association, and similar organizations
13in other states. In determining the amounts available for
14disbursement, the Director shall reserve sufficient assets for
15the payment of the expenses of administration described in
16paragraph (1)(a) of this Section. All funds available for
17disbursement after the establishment of the prescribed reserve
18shall be promptly distributed. As a condition to receipt of
19funds in reimbursement of covered claims obligations, the
20Director shall secure from the Illinois Insurance Guaranty
21Fund, the Illinois Life and Health Insurance Guaranty
22Association, the Illinois Health Maintenance Organization
23Guaranty Association, and each similar organization in other
24states, an agreement to return to the Director on demand funds
25previously received as may be required to pay claims of secured
26creditors and claims falling within the priorities established

 

 

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1in paragraphs (a), (b), (c), and (d) of subsection (1) of this
2Section in accordance with such priorities.
3    (3) The changes made in this Section by this amendatory Act
4of the 100th General Assembly apply to all liquidation,
5rehabilitation, or conservation proceedings that are pending
6on the effective date of this amendatory Act of the 100th
7General Assembly and to all future liquidation,
8rehabilitation, or conservation proceedings.
9    (4) The provisions of this Section are severable under
10Section 1.31 of the Statute on Statutes.
11(Source: P.A. 100-410, eff. 8-25-17.)
 
12    Section 10-185. The Illinois Gambling Act is amended by
13changing Section 5.1 as follows:
 
14    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
15    Sec. 5.1. Disclosure of records.
16    (a) Notwithstanding any applicable statutory provision to
17the contrary, the Board shall, on written request from any
18person, provide information furnished by an applicant or
19licensee concerning the applicant or licensee, his products,
20services or gambling enterprises and his business holdings, as
21follows:
22        (1) The name, business address and business telephone
23    number of any applicant or licensee.
24        (2) An identification of any applicant or licensee

 

 

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1    including, if an applicant or licensee is not an
2    individual, the names and addresses of all stockholders and
3    directors, if the entity is a corporation; the names and
4    addresses of all members, if the entity is a limited
5    liability company; the names and addresses of all partners,
6    both general and limited, if the entity is a partnership;
7    and the names and addresses of all beneficiaries, if the
8    entity is a trust. If an applicant or licensee has a
9    pending registration statement filed with the Securities
10    and Exchange Commission, only the names of those persons or
11    entities holding interest of 5% or more must be provided.
12        (3) An identification of any business, including, if
13    applicable, the state of incorporation or registration, in
14    which an applicant or licensee or an applicant's or
15    licensee's spouse or children has an equity interest of
16    more than 1%. If an applicant or licensee is a corporation,
17    partnership or other business entity, the applicant or
18    licensee shall identify any other corporation, partnership
19    or business entity in which it has an equity interest of 1%
20    or more, including, if applicable, the state of
21    incorporation or registration. This information need not
22    be provided by a corporation, partnership or other business
23    entity that has a pending registration statement filed with
24    the Securities and Exchange Commission.
25        (4) Whether an applicant or licensee has been indicted,
26    convicted, pleaded guilty or nolo contendere, or pretrial

 

 

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1    release has been revoked forfeited bail concerning any
2    criminal offense under the laws of any jurisdiction, either
3    felony or misdemeanor (except for traffic violations),
4    including the date, the name and location of the court,
5    arresting agency and prosecuting agency, the case number,
6    the offense, the disposition and the location and length of
7    incarceration.
8        (5) Whether an applicant or licensee has had any
9    license or certificate issued by a licensing authority in
10    Illinois or any other jurisdiction denied, restricted,
11    suspended, revoked or not renewed and a statement
12    describing the facts and circumstances concerning the
13    denial, restriction, suspension, revocation or
14    non-renewal, including the licensing authority, the date
15    each such action was taken, and the reason for each such
16    action.
17        (6) Whether an applicant or licensee has ever filed or
18    had filed against it a proceeding in bankruptcy or has ever
19    been involved in any formal process to adjust, defer,
20    suspend or otherwise work out the payment of any debt
21    including the date of filing, the name and location of the
22    court, the case and number of the disposition.
23        (7) Whether an applicant or licensee has filed, or been
24    served with a complaint or other notice filed with any
25    public body, regarding the delinquency in the payment of,
26    or a dispute over the filings concerning the payment of,

 

 

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1    any tax required under federal, State or local law,
2    including the amount, type of tax, the taxing agency and
3    time periods involved.
4        (8) A statement listing the names and titles of all
5    public officials or officers of any unit of government, and
6    relatives of said public officials or officers who,
7    directly or indirectly, own any financial interest in, have
8    any beneficial interest in, are the creditors of or hold
9    any debt instrument issued by, or hold or have any interest
10    in any contractual or service relationship with, an
11    applicant or licensee.
12        (9) Whether an applicant or licensee has made, directly
13    or indirectly, any political contribution, or any loans,
14    donations or other payments, to any candidate or office
15    holder, within 5 years from the date of filing the
16    application, including the amount and the method of
17    payment.
18        (10) The name and business telephone number of the
19    counsel representing an applicant or licensee in matters
20    before the Board.
21        (11) A description of any proposed or approved gambling
22    operation, including the type of boat, home dock, or casino
23    or gaming location, expected economic benefit to the
24    community, anticipated or actual number of employees, any
25    statement from an applicant or licensee regarding
26    compliance with federal and State affirmative action

 

 

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1    guidelines, projected or actual admissions and projected
2    or actual adjusted gross gaming receipts.
3        (12) A description of the product or service to be
4    supplied by an applicant for a supplier's license.
5    (b) Notwithstanding any applicable statutory provision to
6the contrary, the Board shall, on written request from any
7person, also provide the following information:
8        (1) The amount of the wagering tax and admission tax
9    paid daily to the State of Illinois by the holder of an
10    owner's license.
11        (2) Whenever the Board finds an applicant for an
12    owner's license unsuitable for licensing, a copy of the
13    written letter outlining the reasons for the denial.
14        (3) Whenever the Board has refused to grant leave for
15    an applicant to withdraw his application, a copy of the
16    letter outlining the reasons for the refusal.
17    (c) Subject to the above provisions, the Board shall not
18disclose any information which would be barred by:
19        (1) Section 7 of the Freedom of Information Act; or
20        (2) The statutes, rules, regulations or
21    intergovernmental agreements of any jurisdiction.
22    (d) The Board may assess fees for the copying of
23information in accordance with Section 6 of the Freedom of
24Information Act.
25(Source: P.A. 101-31, eff. 6-28-19.)
 

 

 

10100HB3653sam001- 150 -LRB101 05541 RLC 74780 a

1    Section 10-187. The Sexual Assault Survivors Emergency
2Treatment Act is amended by changing Section 7.5 as follows:
 
3    (410 ILCS 70/7.5)
4    Sec. 7.5. Prohibition on billing sexual assault survivors
5directly for certain services; written notice; billing
6protocols.
7    (a) A hospital, approved pediatric health care facility,
8health care professional, ambulance provider, laboratory, or
9pharmacy furnishing medical forensic services, transportation,
10follow-up healthcare, or medication to a sexual assault
11survivor shall not:
12        (1) charge or submit a bill for any portion of the
13    costs of the services, transportation, or medications to
14    the sexual assault survivor, including any insurance
15    deductible, co-pay, co-insurance, denial of claim by an
16    insurer, spenddown, or any other out-of-pocket expense;
17        (2) communicate with, harass, or intimidate the sexual
18    assault survivor for payment of services, including, but
19    not limited to, repeatedly calling or writing to the sexual
20    assault survivor and threatening to refer the matter to a
21    debt collection agency or to an attorney for collection,
22    enforcement, or filing of other process;
23        (3) refer a bill to a collection agency or attorney for
24    collection action against the sexual assault survivor;
25        (4) contact or distribute information to affect the

 

 

10100HB3653sam001- 151 -LRB101 05541 RLC 74780 a

1    sexual assault survivor's credit rating; or
2        (5) take any other action adverse to the sexual assault
3    survivor or his or her family on account of providing
4    services to the sexual assault survivor.
5    (b) Nothing in this Section precludes a hospital, health
6care provider, ambulance provider, laboratory, or pharmacy
7from billing the sexual assault survivor or any applicable
8health insurance or coverage for inpatient services.
9    (c) Every hospital and approved pediatric health care
10facility providing treatment services to sexual assault
11survivors in accordance with a plan approved under Section 2 of
12this Act shall provide a written notice to a sexual assault
13survivor. The written notice must include, but is not limited
14to, the following:
15        (1) a statement that the sexual assault survivor should
16    not be directly billed by any ambulance provider providing
17    transportation services, or by any hospital, approved
18    pediatric health care facility, health care professional,
19    laboratory, or pharmacy for the services the sexual assault
20    survivor received as an outpatient at the hospital or
21    approved pediatric health care facility;
22        (2) a statement that a sexual assault survivor who is
23    admitted to a hospital may be billed for inpatient services
24    provided by a hospital, health care professional,
25    laboratory, or pharmacy;
26        (3) a statement that prior to leaving the hospital or

 

 

10100HB3653sam001- 152 -LRB101 05541 RLC 74780 a

1    approved pediatric health care facility, the hospital or
2    approved pediatric health care facility will give the
3    sexual assault survivor a sexual assault services voucher
4    for follow-up healthcare if the sexual assault survivor is
5    eligible to receive a sexual assault services voucher;
6        (4) the definition of "follow-up healthcare" as set
7    forth in Section 1a of this Act;
8        (5) a phone number the sexual assault survivor may call
9    should the sexual assault survivor receive a bill from the
10    hospital or approved pediatric health care facility for
11    medical forensic services;
12        (6) the toll-free phone number of the Office of the
13    Illinois Attorney General, Crime Victim Services Division,
14    which the sexual assault survivor may call should the
15    sexual assault survivor receive a bill from an ambulance
16    provider, approved pediatric health care facility, a
17    health care professional, a laboratory, or a pharmacy.
18    This subsection (c) shall not apply to hospitals that
19provide transfer services as defined under Section 1a of this
20Act.
21    (d) Within 60 days after the effective date of this
22amendatory Act of the 99th General Assembly, every health care
23professional, except for those employed by a hospital or
24hospital affiliate, as defined in the Hospital Licensing Act,
25or those employed by a hospital operated under the University
26of Illinois Hospital Act, who bills separately for medical or

 

 

10100HB3653sam001- 153 -LRB101 05541 RLC 74780 a

1forensic services must develop a billing protocol that ensures
2that no survivor of sexual assault will be sent a bill for any
3medical forensic services and submit the billing protocol to
4the Crime Victim Services Division of the Office of the
5Attorney General for approval. Within 60 days after the
6commencement of the provision of medical forensic services,
7every health care professional, except for those employed by a
8hospital or hospital affiliate, as defined in the Hospital
9Licensing Act, or those employed by a hospital operated under
10the University of Illinois Hospital Act, who bills separately
11for medical or forensic services must develop a billing
12protocol that ensures that no survivor of sexual assault is
13sent a bill for any medical forensic services and submit the
14billing protocol to the Crime Victim Services Division of the
15Office of the Attorney General for approval. Health care
16professionals who bill as a legal entity may submit a single
17billing protocol for the billing entity.
18    Within 60 days after the Department's approval of a
19treatment plan, an approved pediatric health care facility and
20any health care professional employed by an approved pediatric
21health care facility must develop a billing protocol that
22ensures that no survivor of sexual assault is sent a bill for
23any medical forensic services and submit the billing protocol
24to the Crime Victim Services Division of the Office of the
25Attorney General for approval.
26     The billing protocol must include at a minimum:

 

 

10100HB3653sam001- 154 -LRB101 05541 RLC 74780 a

1        (1) a description of training for persons who prepare
2    bills for medical and forensic services;
3        (2) a written acknowledgement signed by a person who
4    has completed the training that the person will not bill
5    survivors of sexual assault;
6        (3) prohibitions on submitting any bill for any portion
7    of medical forensic services provided to a survivor of
8    sexual assault to a collection agency;
9        (4) prohibitions on taking any action that would
10    adversely affect the credit of the survivor of sexual
11    assault;
12        (5) the termination of all collection activities if the
13    protocol is violated; and
14        (6) the actions to be taken if a bill is sent to a
15    collection agency or the failure to pay is reported to any
16    credit reporting agency.
17    The Crime Victim Services Division of the Office of the
18Attorney General may provide a sample acceptable billing
19protocol upon request.
20    The Office of the Attorney General shall approve a proposed
21protocol if it finds that the implementation of the protocol
22would result in no survivor of sexual assault being billed or
23sent a bill for medical forensic services.
24    If the Office of the Attorney General determines that
25implementation of the protocol could result in the billing of a
26survivor of sexual assault for medical forensic services, the

 

 

10100HB3653sam001- 155 -LRB101 05541 RLC 74780 a

1Office of the Attorney General shall provide the health care
2professional or approved pediatric health care facility with a
3written statement of the deficiencies in the protocol. The
4health care professional or approved pediatric health care
5facility shall have 30 days to submit a revised billing
6protocol addressing the deficiencies to the Office of the
7Attorney General. The health care professional or approved
8pediatric health care facility shall implement the protocol
9upon approval by the Crime Victim Services Division of the
10Office of the Attorney General.
11    The health care professional or approved pediatric health
12care facility shall submit any proposed revision to or
13modification of an approved billing protocol to the Crime
14Victim Services Division of the Office of the Attorney General
15for approval. The health care professional or approved
16pediatric health care facility shall implement the revised or
17modified billing protocol upon approval by the Crime Victim
18Services Division of the Office of the Illinois Attorney
19General.
20    (e) This Section is effective on and after July 1, 2021.
21(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
22    Section 10-190. The Illinois Vehicle Code is amended by
23changing Sections 6-204, 6-206, 6-209.1, 6-308, 6-500, 6-601,
2411-208.3, 11-208.6, 11-208.8, 11-208.9, 11-1201.1, and 16-103
25as follows:
 

 

 

10100HB3653sam001- 156 -LRB101 05541 RLC 74780 a

1    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
2    Sec. 6-204. When court to forward license and reports.
3    (a) For the purpose of providing to the Secretary of State
4the records essential to the performance of the Secretary's
5duties under this Code to cancel, revoke or suspend the
6driver's license and privilege to drive motor vehicles of
7certain minors and of persons found guilty of the criminal
8offenses or traffic violations which this Code recognizes as
9evidence relating to unfitness to safely operate motor
10vehicles, the following duties are imposed upon public
11officials:
12        (1) Whenever any person is convicted of any offense for
13    which this Code makes mandatory the cancellation or
14    revocation of the driver's license or permit of such person
15    by the Secretary of State, the judge of the court in which
16    such conviction is had shall require the surrender to the
17    clerk of the court of all driver's licenses or permits then
18    held by the person so convicted, and the clerk of the court
19    shall, within 5 days thereafter, forward the same, together
20    with a report of such conviction, to the Secretary.
21        (2) Whenever any person is convicted of any offense
22    under this Code or similar offenses under a municipal
23    ordinance, other than regulations governing standing,
24    parking or weights of vehicles, and excepting the following
25    enumerated Sections of this Code: Sections 11-1406

 

 

10100HB3653sam001- 157 -LRB101 05541 RLC 74780 a

1    (obstruction to driver's view or control), 11-1407
2    (improper opening of door into traffic), 11-1410 (coasting
3    on downgrade), 11-1411 (following fire apparatus),
4    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
5    vehicle which is in unsafe condition or improperly
6    equipped), 12-201(a) (daytime lights on motorcycles),
7    12-202 (clearance, identification and side marker lamps),
8    12-204 (lamp or flag on projecting load), 12-205 (failure
9    to display the safety lights required), 12-401
10    (restrictions as to tire equipment), 12-502 (mirrors),
11    12-503 (windshields must be unobstructed and equipped with
12    wipers), 12-601 (horns and warning devices), 12-602
13    (mufflers, prevention of noise or smoke), 12-603 (seat
14    safety belts), 12-702 (certain vehicles to carry flares or
15    other warning devices), 12-703 (vehicles for oiling roads
16    operated on highways), 12-710 (splash guards and
17    replacements), 13-101 (safety tests), 15-101 (size, weight
18    and load), 15-102 (width), 15-103 (height), 15-104 (name
19    and address on second division vehicles), 15-107 (length of
20    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
21    15-112 (weights), 15-301 (weights), 15-316 (weights),
22    15-318 (weights), and also excepting the following
23    enumerated Sections of the Chicago Municipal Code:
24    Sections 27-245 (following fire apparatus), 27-254
25    (obstruction of traffic), 27-258 (driving vehicle which is
26    in unsafe condition), 27-259 (coasting on downgrade),

 

 

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1    27-264 (use of horns and signal devices), 27-265
2    (obstruction to driver's view or driver mechanism), 27-267
3    (dimming of headlights), 27-268 (unattended motor
4    vehicle), 27-272 (illegal funeral procession), 27-273
5    (funeral procession on boulevard), 27-275 (driving freight
6    hauling vehicles on boulevard), 27-276 (stopping and
7    standing of buses or taxicabs), 27-277 (cruising of public
8    passenger vehicles), 27-305 (parallel parking), 27-306
9    (diagonal parking), 27-307 (parking not to obstruct
10    traffic), 27-308 (stopping, standing or parking
11    regulated), 27-311 (parking regulations), 27-312 (parking
12    regulations), 27-313 (parking regulations), 27-314
13    (parking regulations), 27-315 (parking regulations),
14    27-316 (parking regulations), 27-317 (parking
15    regulations), 27-318 (parking regulations), 27-319
16    (parking regulations), 27-320 (parking regulations),
17    27-321 (parking regulations), 27-322 (parking
18    regulations), 27-324 (loading and unloading at an angle),
19    27-333 (wheel and axle loads), 27-334 (load restrictions in
20    the downtown district), 27-335 (load restrictions in
21    residential areas), 27-338 (width of vehicles), 27-339
22    (height of vehicles), 27-340 (length of vehicles), 27-352
23    (reflectors on trailers), 27-353 (mufflers), 27-354
24    (display of plates), 27-355 (display of city vehicle tax
25    sticker), 27-357 (identification of vehicles), 27-358
26    (projecting of loads), and also excepting the following

 

 

10100HB3653sam001- 159 -LRB101 05541 RLC 74780 a

1    enumerated paragraphs of Section 2-201 of the Rules and
2    Regulations of the Illinois State Toll Highway Authority:
3    (l) (driving unsafe vehicle on tollway), (m) (vehicles
4    transporting dangerous cargo not properly indicated), it
5    shall be the duty of the clerk of the court in which such
6    conviction is had within 5 days thereafter to forward to
7    the Secretary of State a report of the conviction and the
8    court may recommend the suspension of the driver's license
9    or permit of the person so convicted.
10        The reporting requirements of this subsection shall
11    apply to all violations stated in paragraphs (1) and (2) of
12    this subsection when the individual has been adjudicated
13    under the Juvenile Court Act or the Juvenile Court Act of
14    1987. Such reporting requirements shall also apply to
15    individuals adjudicated under the Juvenile Court Act or the
16    Juvenile Court Act of 1987 who have committed a violation
17    of Section 11-501 of this Code, or similar provision of a
18    local ordinance, or Section 9-3 of the Criminal Code of
19    1961 or the Criminal Code of 2012, relating to the offense
20    of reckless homicide, or Section 5-7 of the Snowmobile
21    Registration and Safety Act or Section 5-16 of the Boat
22    Registration and Safety Act, relating to the offense of
23    operating a snowmobile or a watercraft while under the
24    influence of alcohol, other drug or drugs, intoxicating
25    compound or compounds, or combination thereof. These
26    reporting requirements also apply to individuals

 

 

10100HB3653sam001- 160 -LRB101 05541 RLC 74780 a

1    adjudicated under the Juvenile Court Act of 1987 based on
2    any offense determined to have been committed in
3    furtherance of the criminal activities of an organized
4    gang, as provided in Section 5-710 of that Act, if those
5    activities involved the operation or use of a motor
6    vehicle. It shall be the duty of the clerk of the court in
7    which adjudication is had within 5 days thereafter to
8    forward to the Secretary of State a report of the
9    adjudication and the court order requiring the Secretary of
10    State to suspend the minor's driver's license and driving
11    privilege for such time as determined by the court, but
12    only until he or she attains the age of 18 years. All
13    juvenile court dispositions reported to the Secretary of
14    State under this provision shall be processed by the
15    Secretary of State as if the cases had been adjudicated in
16    traffic or criminal court. However, information reported
17    relative to the offense of reckless homicide, or Section
18    11-501 of this Code, or a similar provision of a local
19    ordinance, shall be privileged and available only to the
20    Secretary of State, courts, and police officers.
21        The reporting requirements of this subsection (a)
22    apply to all violations listed in paragraphs (1) and (2) of
23    this subsection (a), excluding parking violations, when
24    the driver holds a CLP or CDL, regardless of the type of
25    vehicle in which the violation occurred, or when any driver
26    committed the violation in a commercial motor vehicle as

 

 

10100HB3653sam001- 161 -LRB101 05541 RLC 74780 a

1    defined in Section 6-500 of this Code.
2        (3) Whenever an order is entered vacating the
3    conditions of pretrial release forfeiture of any bail,
4    security or bond given to secure appearance for any offense
5    under this Code or similar offenses under municipal
6    ordinance, it shall be the duty of the clerk of the court
7    in which such vacation was had or the judge of such court
8    if such court has no clerk, within 5 days thereafter to
9    forward to the Secretary of State a report of the vacation.
10        (4) A report of any disposition of court supervision
11    for a violation of Sections 6-303, 11-401, 11-501 or a
12    similar provision of a local ordinance, 11-503, 11-504, and
13    11-506 of this Code, Section 5-7 of the Snowmobile
14    Registration and Safety Act, and Section 5-16 of the Boat
15    Registration and Safety Act shall be forwarded to the
16    Secretary of State. A report of any disposition of court
17    supervision for a violation of an offense defined as a
18    serious traffic violation in this Code or a similar
19    provision of a local ordinance committed by a person under
20    the age of 21 years shall be forwarded to the Secretary of
21    State.
22        (5) Reports of conviction under this Code and
23    sentencing hearings under the Juvenile Court Act of 1987 in
24    an electronic format or a computer processible medium shall
25    be forwarded to the Secretary of State via the Supreme
26    Court in the form and format required by the Illinois

 

 

10100HB3653sam001- 162 -LRB101 05541 RLC 74780 a

1    Supreme Court and established by a written agreement
2    between the Supreme Court and the Secretary of State. In
3    counties with a population over 300,000, instead of
4    forwarding reports to the Supreme Court, reports of
5    conviction under this Code and sentencing hearings under
6    the Juvenile Court Act of 1987 in an electronic format or a
7    computer processible medium may be forwarded to the
8    Secretary of State by the Circuit Court Clerk in a form and
9    format required by the Secretary of State and established
10    by written agreement between the Circuit Court Clerk and
11    the Secretary of State. Failure to forward the reports of
12    conviction or sentencing hearing under the Juvenile Court
13    Act of 1987 as required by this Section shall be deemed an
14    omission of duty and it shall be the duty of the several
15    State's Attorneys to enforce the requirements of this
16    Section.
17    (b) Whenever a restricted driving permit is forwarded to a
18court, as a result of confiscation by a police officer pursuant
19to the authority in Section 6-113(f), it shall be the duty of
20the clerk, or judge, if the court has no clerk, to forward such
21restricted driving permit and a facsimile of the officer's
22citation to the Secretary of State as expeditiously as
23practicable.
24    (c) For the purposes of this Code, a violation of the
25conditions of pretrial release forfeiture of bail or collateral
26deposited to secure a defendant's appearance in court when the

 

 

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1conditions of pretrial release have forfeiture has not been
2vacated, or the failure of a defendant to appear for trial
3after depositing his driver's license in lieu of other bail,
4shall be equivalent to a conviction.
5    (d) For the purpose of providing the Secretary of State
6with records necessary to properly monitor and assess driver
7performance and assist the courts in the proper disposition of
8repeat traffic law offenders, the clerk of the court shall
9forward to the Secretary of State, on a form prescribed by the
10Secretary, records of a driver's participation in a driver
11remedial or rehabilitative program which was required, through
12a court order or court supervision, in relation to the driver's
13arrest for a violation of Section 11-501 of this Code or a
14similar provision of a local ordinance. The clerk of the court
15shall also forward to the Secretary, either on paper or in an
16electronic format or a computer processible medium as required
17under paragraph (5) of subsection (a) of this Section, any
18disposition of court supervision for any traffic violation,
19excluding those offenses listed in paragraph (2) of subsection
20(a) of this Section. These reports shall be sent within 5 days
21after disposition, or, if the driver is referred to a driver
22remedial or rehabilitative program, within 5 days of the
23driver's referral to that program. These reports received by
24the Secretary of State, including those required to be
25forwarded under paragraph (a)(4), shall be privileged
26information, available only (i) to the affected driver, (ii) to

 

 

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1the parent or guardian of a person under the age of 18 years
2holding an instruction permit or a graduated driver's license,
3and (iii) for use by the courts, police officers, prosecuting
4authorities, the Secretary of State, and the driver licensing
5administrator of any other state. In accordance with 49 C.F.R.
6Part 384, all reports of court supervision, except violations
7related to parking, shall be forwarded to the Secretary of
8State for all holders of a CLP or CDL or any driver who commits
9an offense while driving a commercial motor vehicle. These
10reports shall be recorded to the driver's record as a
11conviction for use in the disqualification of the driver's
12commercial motor vehicle privileges and shall not be privileged
13information.
14(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 
15    (625 ILCS 5/6-206)
16    (Text of Section before amendment by P.A. 101-90, 101-470,
17and 101-623)
18    Sec. 6-206. Discretionary authority to suspend or revoke
19license or permit; right to a hearing.
20    (a) The Secretary of State is authorized to suspend or
21revoke the driving privileges of any person without preliminary
22hearing upon a showing of the person's records or other
23sufficient evidence that the person:
24        1. Has committed an offense for which mandatory
25    revocation of a driver's license or permit is required upon

 

 

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1    conviction;
2        2. Has been convicted of not less than 3 offenses
3    against traffic regulations governing the movement of
4    vehicles committed within any 12-month 12 month period. No
5    revocation or suspension shall be entered more than 6
6    months after the date of last conviction;
7        3. Has been repeatedly involved as a driver in motor
8    vehicle collisions or has been repeatedly convicted of
9    offenses against laws and ordinances regulating the
10    movement of traffic, to a degree that indicates lack of
11    ability to exercise ordinary and reasonable care in the
12    safe operation of a motor vehicle or disrespect for the
13    traffic laws and the safety of other persons upon the
14    highway;
15        4. Has by the unlawful operation of a motor vehicle
16    caused or contributed to an accident resulting in injury
17    requiring immediate professional treatment in a medical
18    facility or doctor's office to any person, except that any
19    suspension or revocation imposed by the Secretary of State
20    under the provisions of this subsection shall start no
21    later than 6 months after being convicted of violating a
22    law or ordinance regulating the movement of traffic, which
23    violation is related to the accident, or shall start not
24    more than one year after the date of the accident,
25    whichever date occurs later;
26        5. Has permitted an unlawful or fraudulent use of a

 

 

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1    driver's license, identification card, or permit;
2        6. Has been lawfully convicted of an offense or
3    offenses in another state, including the authorization
4    contained in Section 6-203.1, which if committed within
5    this State would be grounds for suspension or revocation;
6        7. Has refused or failed to submit to an examination
7    provided for by Section 6-207 or has failed to pass the
8    examination;
9        8. Is ineligible for a driver's license or permit under
10    the provisions of Section 6-103;
11        9. Has made a false statement or knowingly concealed a
12    material fact or has used false information or
13    identification in any application for a license,
14    identification card, or permit;
15        10. Has possessed, displayed, or attempted to
16    fraudulently use any license, identification card, or
17    permit not issued to the person;
18        11. Has operated a motor vehicle upon a highway of this
19    State when the person's driving privilege or privilege to
20    obtain a driver's license or permit was revoked or
21    suspended unless the operation was authorized by a
22    monitoring device driving permit, judicial driving permit
23    issued prior to January 1, 2009, probationary license to
24    drive, or a restricted driving permit issued under this
25    Code;
26        12. Has submitted to any portion of the application

 

 

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1    process for another person or has obtained the services of
2    another person to submit to any portion of the application
3    process for the purpose of obtaining a license,
4    identification card, or permit for some other person;
5        13. Has operated a motor vehicle upon a highway of this
6    State when the person's driver's license or permit was
7    invalid under the provisions of Sections 6-107.1 and 6-110;
8        14. Has committed a violation of Section 6-301,
9    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
10    14B of the Illinois Identification Card Act;
11        15. Has been convicted of violating Section 21-2 of the
12    Criminal Code of 1961 or the Criminal Code of 2012 relating
13    to criminal trespass to vehicles in which case, the
14    suspension shall be for one year;
15        16. Has been convicted of violating Section 11-204 of
16    this Code relating to fleeing from a peace officer;
17        17. Has refused to submit to a test, or tests, as
18    required under Section 11-501.1 of this Code and the person
19    has not sought a hearing as provided for in Section
20    11-501.1;
21        18. Has, since issuance of a driver's license or
22    permit, been adjudged to be afflicted with or suffering
23    from any mental disability or disease;
24        19. Has committed a violation of paragraph (a) or (b)
25    of Section 6-101 relating to driving without a driver's
26    license;

 

 

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1        20. Has been convicted of violating Section 6-104
2    relating to classification of driver's license;
3        21. Has been convicted of violating Section 11-402 of
4    this Code relating to leaving the scene of an accident
5    resulting in damage to a vehicle in excess of $1,000, in
6    which case the suspension shall be for one year;
7        22. Has used a motor vehicle in violating paragraph
8    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
9    the Criminal Code of 1961 or the Criminal Code of 2012
10    relating to unlawful use of weapons, in which case the
11    suspension shall be for one year;
12        23. Has, as a driver, been convicted of committing a
13    violation of paragraph (a) of Section 11-502 of this Code
14    for a second or subsequent time within one year of a
15    similar violation;
16        24. Has been convicted by a court-martial or punished
17    by non-judicial punishment by military authorities of the
18    United States at a military installation in Illinois or in
19    another state of or for a traffic-related traffic related
20    offense that is the same as or similar to an offense
21    specified under Section 6-205 or 6-206 of this Code;
22        25. Has permitted any form of identification to be used
23    by another in the application process in order to obtain or
24    attempt to obtain a license, identification card, or
25    permit;
26        26. Has altered or attempted to alter a license or has

 

 

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1    possessed an altered license, identification card, or
2    permit;
3        27. Has violated Section 6-16 of the Liquor Control Act
4    of 1934;
5        28. Has been convicted for a first time of the illegal
6    possession, while operating or in actual physical control,
7    as a driver, of a motor vehicle, of any controlled
8    substance prohibited under the Illinois Controlled
9    Substances Act, any cannabis prohibited under the Cannabis
10    Control Act, or any methamphetamine prohibited under the
11    Methamphetamine Control and Community Protection Act, in
12    which case the person's driving privileges shall be
13    suspended for one year. Any defendant found guilty of this
14    offense while operating a motor vehicle, shall have an
15    entry made in the court record by the presiding judge that
16    this offense did occur while the defendant was operating a
17    motor vehicle and order the clerk of the court to report
18    the violation to the Secretary of State;
19        29. Has been convicted of the following offenses that
20    were committed while the person was operating or in actual
21    physical control, as a driver, of a motor vehicle: criminal
22    sexual assault, predatory criminal sexual assault of a
23    child, aggravated criminal sexual assault, criminal sexual
24    abuse, aggravated criminal sexual abuse, juvenile pimping,
25    soliciting for a juvenile prostitute, promoting juvenile
26    prostitution as described in subdivision (a)(1), (a)(2),

 

 

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1    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
2    or the Criminal Code of 2012, and the manufacture, sale or
3    delivery of controlled substances or instruments used for
4    illegal drug use or abuse in which case the driver's
5    driving privileges shall be suspended for one year;
6        30. Has been convicted a second or subsequent time for
7    any combination of the offenses named in paragraph 29 of
8    this subsection, in which case the person's driving
9    privileges shall be suspended for 5 years;
10        31. Has refused to submit to a test as required by
11    Section 11-501.6 of this Code or Section 5-16c of the Boat
12    Registration and Safety Act or has submitted to a test
13    resulting in an alcohol concentration of 0.08 or more or
14    any amount of a drug, substance, or compound resulting from
15    the unlawful use or consumption of cannabis as listed in
16    the Cannabis Control Act, a controlled substance as listed
17    in the Illinois Controlled Substances Act, an intoxicating
18    compound as listed in the Use of Intoxicating Compounds
19    Act, or methamphetamine as listed in the Methamphetamine
20    Control and Community Protection Act, in which case the
21    penalty shall be as prescribed in Section 6-208.1;
22        32. Has been convicted of Section 24-1.2 of the
23    Criminal Code of 1961 or the Criminal Code of 2012 relating
24    to the aggravated discharge of a firearm if the offender
25    was located in a motor vehicle at the time the firearm was
26    discharged, in which case the suspension shall be for 3

 

 

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1    years;
2        33. Has as a driver, who was less than 21 years of age
3    on the date of the offense, been convicted a first time of
4    a violation of paragraph (a) of Section 11-502 of this Code
5    or a similar provision of a local ordinance;
6        34. Has committed a violation of Section 11-1301.5 of
7    this Code or a similar provision of a local ordinance;
8        35. Has committed a violation of Section 11-1301.6 of
9    this Code or a similar provision of a local ordinance;
10        36. Is under the age of 21 years at the time of arrest
11    and has been convicted of not less than 2 offenses against
12    traffic regulations governing the movement of vehicles
13    committed within any 24-month 24 month period. No
14    revocation or suspension shall be entered more than 6
15    months after the date of last conviction;
16        37. Has committed a violation of subsection (c) of
17    Section 11-907 of this Code that resulted in damage to the
18    property of another or the death or injury of another;
19        38. Has been convicted of a violation of Section 6-20
20    of the Liquor Control Act of 1934 or a similar provision of
21    a local ordinance;
22        39. Has committed a second or subsequent violation of
23    Section 11-1201 of this Code;
24        40. Has committed a violation of subsection (a-1) of
25    Section 11-908 of this Code;
26        41. Has committed a second or subsequent violation of

 

 

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1    Section 11-605.1 of this Code, a similar provision of a
2    local ordinance, or a similar violation in any other state
3    within 2 years of the date of the previous violation, in
4    which case the suspension shall be for 90 days;
5        42. Has committed a violation of subsection (a-1) of
6    Section 11-1301.3 of this Code or a similar provision of a
7    local ordinance;
8        43. Has received a disposition of court supervision for
9    a violation of subsection (a), (d), or (e) of Section 6-20
10    of the Liquor Control Act of 1934 or a similar provision of
11    a local ordinance, in which case the suspension shall be
12    for a period of 3 months;
13        44. Is under the age of 21 years at the time of arrest
14    and has been convicted of an offense against traffic
15    regulations governing the movement of vehicles after
16    having previously had his or her driving privileges
17    suspended or revoked pursuant to subparagraph 36 of this
18    Section;
19        45. Has, in connection with or during the course of a
20    formal hearing conducted under Section 2-118 of this Code:
21    (i) committed perjury; (ii) submitted fraudulent or
22    falsified documents; (iii) submitted documents that have
23    been materially altered; or (iv) submitted, as his or her
24    own, documents that were in fact prepared or composed for
25    another person;
26        46. Has committed a violation of subsection (j) of

 

 

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1    Section 3-413 of this Code;
2        47. Has committed a violation of Section 11-502.1 of
3    this Code; or
4        48. Has submitted a falsified or altered medical
5    examiner's certificate to the Secretary of State or
6    provided false information to obtain a medical examiner's
7    certificate.
8    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
9and 27 of this subsection, license means any driver's license,
10any traffic ticket issued when the person's driver's license is
11deposited in lieu of bail, a suspension notice issued by the
12Secretary of State, a duplicate or corrected driver's license,
13a probationary driver's license, or a temporary driver's
14license.
15    (b) If any conviction forming the basis of a suspension or
16revocation authorized under this Section is appealed, the
17Secretary of State may rescind or withhold the entry of the
18order of suspension or revocation, as the case may be, provided
19that a certified copy of a stay order of a court is filed with
20the Secretary of State. If the conviction is affirmed on
21appeal, the date of the conviction shall relate back to the
22time the original judgment of conviction was entered and the
236-month 6 month limitation prescribed shall not apply.
24    (c) 1. Upon suspending or revoking the driver's license or
25permit of any person as authorized in this Section, the
26Secretary of State shall immediately notify the person in

 

 

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

 

 

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1affidavit is received subsequent to the effective date of this
2suspension, a permit may be issued for the remainder of the
3suspension period.
4    The provisions of this subparagraph shall not apply to any
5driver required to possess a CDL for the purpose of operating a
6commercial motor vehicle.
7    Any person who falsely states any fact in the affidavit
8required herein shall be guilty of perjury under Section 6-302
9and upon conviction thereof shall have all driving privileges
10revoked without further rights.
11    3. At the conclusion of a hearing under Section 2-118 of
12this Code, the Secretary of State shall either rescind or
13continue an order of revocation or shall substitute an order of
14suspension; or, good cause appearing therefor, rescind,
15continue, change, or extend the order of suspension. If the
16Secretary of State does not rescind the order, the Secretary
17may upon application, to relieve undue hardship (as defined by
18the rules of the Secretary of State), issue a restricted
19driving permit granting the privilege of driving a motor
20vehicle between the petitioner's residence and petitioner's
21place of employment or within the scope of the petitioner's
22employment-related employment related duties, or to allow the
23petitioner to transport himself or herself, or a family member
24of the petitioner's household to a medical facility, to receive
25necessary medical care, to allow the petitioner to transport
26himself or herself to and from alcohol or drug remedial or

 

 

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1rehabilitative activity recommended by a licensed service
2provider, or to allow the petitioner to transport himself or
3herself or a family member of the petitioner's household to
4classes, as a student, at an accredited educational
5institution, or to allow the petitioner to transport children,
6elderly persons, or persons with disabilities who do not hold
7driving privileges and are living in the petitioner's household
8to and from daycare. The petitioner must demonstrate that no
9alternative means of transportation is reasonably available
10and that the petitioner will not endanger the public safety or
11welfare.
12        (A) If a person's license or permit is revoked or
13    suspended due to 2 or more convictions of violating Section
14    11-501 of this Code or a similar provision of a local
15    ordinance or a similar out-of-state offense, or Section 9-3
16    of the Criminal Code of 1961 or the Criminal Code of 2012,
17    where the use of alcohol or other drugs is recited as an
18    element of the offense, or a similar out-of-state offense,
19    or a combination of these offenses, arising out of separate
20    occurrences, that person, if issued a restricted driving
21    permit, may not operate a vehicle unless it has been
22    equipped with an ignition interlock device as defined in
23    Section 1-129.1.
24        (B) If a person's license or permit is revoked or
25    suspended 2 or more times due to any combination of:
26            (i) a single conviction of violating Section

 

 

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1        11-501 of this Code or a similar provision of a local
2        ordinance or a similar out-of-state offense or Section
3        9-3 of the Criminal Code of 1961 or the Criminal Code
4        of 2012, where the use of alcohol or other drugs is
5        recited as an element of the offense, or a similar
6        out-of-state offense; or
7            (ii) a statutory summary suspension or revocation
8        under Section 11-501.1; or
9            (iii) a suspension under Section 6-203.1;
10    arising out of separate occurrences; that person, if issued
11    a restricted driving permit, may not operate a vehicle
12    unless it has been equipped with an ignition interlock
13    device as defined in Section 1-129.1.
14        (B-5) If a person's license or permit is revoked or
15    suspended due to a conviction for a violation of
16    subparagraph (C) or (F) of paragraph (1) of subsection (d)
17    of Section 11-501 of this Code, or a similar provision of a
18    local ordinance or similar out-of-state offense, that
19    person, if issued a restricted driving permit, may not
20    operate a vehicle unless it has been equipped with an
21    ignition interlock device as defined in Section 1-129.1.
22        (C) The person issued a permit conditioned upon the use
23    of an ignition interlock device must pay to the Secretary
24    of State DUI Administration Fund an amount not to exceed
25    $30 per month. The Secretary shall establish by rule the
26    amount and the procedures, terms, and conditions relating

 

 

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1    to these fees.
2        (D) If the restricted driving permit is issued for
3    employment purposes, then the prohibition against
4    operating a motor vehicle that is not equipped with an
5    ignition interlock device does not apply to the operation
6    of an occupational vehicle owned or leased by that person's
7    employer when used solely for employment purposes. For any
8    person who, within a 5-year period, is convicted of a
9    second or subsequent offense under Section 11-501 of this
10    Code, or a similar provision of a local ordinance or
11    similar out-of-state offense, this employment exemption
12    does not apply until either a one-year period has elapsed
13    during which that person had his or her driving privileges
14    revoked or a one-year period has elapsed during which that
15    person had a restricted driving permit which required the
16    use of an ignition interlock device on every motor vehicle
17    owned or operated by that person.
18        (E) In each case the Secretary may issue a restricted
19    driving permit for a period deemed appropriate, except that
20    all permits shall expire no later than 2 years from the
21    date of issuance. A restricted driving permit issued under
22    this Section shall be subject to cancellation, revocation,
23    and suspension by the Secretary of State in like manner and
24    for like cause as a driver's license issued under this Code
25    may be cancelled, revoked, or suspended; except that a
26    conviction upon one or more offenses against laws or

 

 

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1    ordinances regulating the movement of traffic shall be
2    deemed sufficient cause for the revocation, suspension, or
3    cancellation of a restricted driving permit. The Secretary
4    of State may, as a condition to the issuance of a
5    restricted driving permit, require the applicant to
6    participate in a designated driver remedial or
7    rehabilitative program. The Secretary of State is
8    authorized to cancel a restricted driving permit if the
9    permit holder does not successfully complete the program.
10        (F) A person subject to the provisions of paragraph 4
11    of subsection (b) of Section 6-208 of this Code may make
12    application for a restricted driving permit at a hearing
13    conducted under Section 2-118 of this Code after the
14    expiration of 5 years from the effective date of the most
15    recent revocation or after 5 years from the date of release
16    from a period of imprisonment resulting from a conviction
17    of the most recent offense, whichever is later, provided
18    the person, in addition to all other requirements of the
19    Secretary, shows by clear and convincing evidence:
20            (i) a minimum of 3 years of uninterrupted
21        abstinence from alcohol and the unlawful use or
22        consumption of cannabis under the Cannabis Control
23        Act, a controlled substance under the Illinois
24        Controlled Substances Act, an intoxicating compound
25        under the Use of Intoxicating Compounds Act, or
26        methamphetamine under the Methamphetamine Control and

 

 

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1        Community Protection Act; and
2            (ii) the successful completion of any
3        rehabilitative treatment and involvement in any
4        ongoing rehabilitative activity that may be
5        recommended by a properly licensed service provider
6        according to an assessment of the person's alcohol or
7        drug use under Section 11-501.01 of this Code.
8        In determining whether an applicant is eligible for a
9    restricted driving permit under this subparagraph (F), the
10    Secretary may consider any relevant evidence, including,
11    but not limited to, testimony, affidavits, records, and the
12    results of regular alcohol or drug tests. Persons subject
13    to the provisions of paragraph 4 of subsection (b) of
14    Section 6-208 of this Code and who have been convicted of
15    more than one violation of paragraph (3), paragraph (4), or
16    paragraph (5) of subsection (a) of Section 11-501 of this
17    Code shall not be eligible to apply for a restricted
18    driving permit under this subparagraph (F).
19        A restricted driving permit issued under this
20    subparagraph (F) shall provide that the holder may only
21    operate motor vehicles equipped with an ignition interlock
22    device as required under paragraph (2) of subsection (c) of
23    Section 6-205 of this Code and subparagraph (A) of
24    paragraph 3 of subsection (c) of this Section. The
25    Secretary may revoke a restricted driving permit or amend
26    the conditions of a restricted driving permit issued under

 

 

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1    this subparagraph (F) if the holder operates a vehicle that
2    is not equipped with an ignition interlock device, or for
3    any other reason authorized under this Code.
4        A restricted driving permit issued under this
5    subparagraph (F) shall be revoked, and the holder barred
6    from applying for or being issued a restricted driving
7    permit in the future, if the holder is convicted of a
8    violation of Section 11-501 of this Code, a similar
9    provision of a local ordinance, or a similar offense in
10    another state.
11    (c-3) In the case of a suspension under paragraph 43 of
12subsection (a), reports received by the Secretary of State
13under this Section shall, except during the actual time the
14suspension is in effect, be privileged information and for use
15only by the courts, police officers, prosecuting authorities,
16the driver licensing administrator of any other state, the
17Secretary of State, or the parent or legal guardian of a driver
18under the age of 18. However, beginning January 1, 2008, if the
19person is a CDL holder, the suspension shall also be made
20available to the driver licensing administrator of any other
21state, the U.S. Department of Transportation, and the affected
22driver or motor carrier or prospective motor carrier upon
23request.
24    (c-4) In the case of a suspension under paragraph 43 of
25subsection (a), the Secretary of State shall notify the person
26by mail that his or her driving privileges and driver's license

 

 

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1will be suspended one month after the date of the mailing of
2the notice.
3    (c-5) The Secretary of State may, as a condition of the
4reissuance of a driver's license or permit to an applicant
5whose driver's license or permit has been suspended before he
6or she reached the age of 21 years pursuant to any of the
7provisions of this Section, require the applicant to
8participate in a driver remedial education course and be
9retested under Section 6-109 of this Code.
10    (d) This Section is subject to the provisions of the Driver
11Drivers License Compact.
12    (e) The Secretary of State shall not issue a restricted
13driving permit to a person under the age of 16 years whose
14driving privileges have been suspended or revoked under any
15provisions of this Code.
16    (f) In accordance with 49 C.F.R. 384, the Secretary of
17State may not issue a restricted driving permit for the
18operation of a commercial motor vehicle to a person holding a
19CDL whose driving privileges have been suspended, revoked,
20cancelled, or disqualified under any provisions of this Code.
21(Source: P.A. 99-143, eff. 7-27-15; 99-290, eff. 1-1-16;
2299-467, eff. 1-1-16; 99-483, eff. 1-1-16; 99-607, eff. 7-22-16;
2399-642, eff. 7-28-16; 100-803, eff. 1-1-19.)
 
24    (Text of Section after amendment by P.A. 101-90, 101-470,
25and 101-623)

 

 

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1    Sec. 6-206. Discretionary authority to suspend or revoke
2license or permit; right to a hearing.
3    (a) The Secretary of State is authorized to suspend or
4revoke the driving privileges of any person without preliminary
5hearing upon a showing of the person's records or other
6sufficient evidence that the person:
7        1. Has committed an offense for which mandatory
8    revocation of a driver's license or permit is required upon
9    conviction;
10        2. Has been convicted of not less than 3 offenses
11    against traffic regulations governing the movement of
12    vehicles committed within any 12-month 12 month period. No
13    revocation or suspension shall be entered more than 6
14    months after the date of last conviction;
15        3. Has been repeatedly involved as a driver in motor
16    vehicle collisions or has been repeatedly convicted of
17    offenses against laws and ordinances regulating the
18    movement of traffic, to a degree that indicates lack of
19    ability to exercise ordinary and reasonable care in the
20    safe operation of a motor vehicle or disrespect for the
21    traffic laws and the safety of other persons upon the
22    highway;
23        4. Has by the unlawful operation of a motor vehicle
24    caused or contributed to an accident resulting in injury
25    requiring immediate professional treatment in a medical
26    facility or doctor's office to any person, except that any

 

 

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1    suspension or revocation imposed by the Secretary of State
2    under the provisions of this subsection shall start no
3    later than 6 months after being convicted of violating a
4    law or ordinance regulating the movement of traffic, which
5    violation is related to the accident, or shall start not
6    more than one year after the date of the accident,
7    whichever date occurs later;
8        5. Has permitted an unlawful or fraudulent use of a
9    driver's license, identification card, or permit;
10        6. Has been lawfully convicted of an offense or
11    offenses in another state, including the authorization
12    contained in Section 6-203.1, which if committed within
13    this State would be grounds for suspension or revocation;
14        7. Has refused or failed to submit to an examination
15    provided for by Section 6-207 or has failed to pass the
16    examination;
17        8. Is ineligible for a driver's license or permit under
18    the provisions of Section 6-103;
19        9. Has made a false statement or knowingly concealed a
20    material fact or has used false information or
21    identification in any application for a license,
22    identification card, or permit;
23        10. Has possessed, displayed, or attempted to
24    fraudulently use any license, identification card, or
25    permit not issued to the person;
26        11. Has operated a motor vehicle upon a highway of this

 

 

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1    State when the person's driving privilege or privilege to
2    obtain a driver's license or permit was revoked or
3    suspended unless the operation was authorized by a
4    monitoring device driving permit, judicial driving permit
5    issued prior to January 1, 2009, probationary license to
6    drive, or a restricted driving permit issued under this
7    Code;
8        12. Has submitted to any portion of the application
9    process for another person or has obtained the services of
10    another person to submit to any portion of the application
11    process for the purpose of obtaining a license,
12    identification card, or permit for some other person;
13        13. Has operated a motor vehicle upon a highway of this
14    State when the person's driver's license or permit was
15    invalid under the provisions of Sections 6-107.1 and 6-110;
16        14. Has committed a violation of Section 6-301,
17    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
18    14B of the Illinois Identification Card Act;
19        15. Has been convicted of violating Section 21-2 of the
20    Criminal Code of 1961 or the Criminal Code of 2012 relating
21    to criminal trespass to vehicles if the person exercised
22    actual physical control over the vehicle during the
23    commission of the offense, in which case the suspension
24    shall be for one year;
25        16. Has been convicted of violating Section 11-204 of
26    this Code relating to fleeing from a peace officer;

 

 

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1        17. Has refused to submit to a test, or tests, as
2    required under Section 11-501.1 of this Code and the person
3    has not sought a hearing as provided for in Section
4    11-501.1;
5        18. (Blank);
6        19. Has committed a violation of paragraph (a) or (b)
7    of Section 6-101 relating to driving without a driver's
8    license;
9        20. Has been convicted of violating Section 6-104
10    relating to classification of driver's license;
11        21. Has been convicted of violating Section 11-402 of
12    this Code relating to leaving the scene of an accident
13    resulting in damage to a vehicle in excess of $1,000, in
14    which case the suspension shall be for one year;
15        22. Has used a motor vehicle in violating paragraph
16    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
17    the Criminal Code of 1961 or the Criminal Code of 2012
18    relating to unlawful use of weapons, in which case the
19    suspension shall be for one year;
20        23. Has, as a driver, been convicted of committing a
21    violation of paragraph (a) of Section 11-502 of this Code
22    for a second or subsequent time within one year of a
23    similar violation;
24        24. Has been convicted by a court-martial or punished
25    by non-judicial punishment by military authorities of the
26    United States at a military installation in Illinois or in

 

 

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1    another state of or for a traffic-related traffic related
2    offense that is the same as or similar to an offense
3    specified under Section 6-205 or 6-206 of this Code;
4        25. Has permitted any form of identification to be used
5    by another in the application process in order to obtain or
6    attempt to obtain a license, identification card, or
7    permit;
8        26. Has altered or attempted to alter a license or has
9    possessed an altered license, identification card, or
10    permit;
11        27. (Blank);
12        28. Has been convicted for a first time of the illegal
13    possession, while operating or in actual physical control,
14    as a driver, of a motor vehicle, of any controlled
15    substance prohibited under the Illinois Controlled
16    Substances Act, any cannabis prohibited under the Cannabis
17    Control Act, or any methamphetamine prohibited under the
18    Methamphetamine Control and Community Protection Act, in
19    which case the person's driving privileges shall be
20    suspended for one year. Any defendant found guilty of this
21    offense while operating a motor vehicle, shall have an
22    entry made in the court record by the presiding judge that
23    this offense did occur while the defendant was operating a
24    motor vehicle and order the clerk of the court to report
25    the violation to the Secretary of State;
26        29. Has been convicted of the following offenses that

 

 

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1    were committed while the person was operating or in actual
2    physical control, as a driver, of a motor vehicle: criminal
3    sexual assault, predatory criminal sexual assault of a
4    child, aggravated criminal sexual assault, criminal sexual
5    abuse, aggravated criminal sexual abuse, juvenile pimping,
6    soliciting for a juvenile prostitute, promoting juvenile
7    prostitution as described in subdivision (a)(1), (a)(2),
8    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
9    or the Criminal Code of 2012, and the manufacture, sale or
10    delivery of controlled substances or instruments used for
11    illegal drug use or abuse in which case the driver's
12    driving privileges shall be suspended for one year;
13        30. Has been convicted a second or subsequent time for
14    any combination of the offenses named in paragraph 29 of
15    this subsection, in which case the person's driving
16    privileges shall be suspended for 5 years;
17        31. Has refused to submit to a test as required by
18    Section 11-501.6 of this Code or Section 5-16c of the Boat
19    Registration and Safety Act or has submitted to a test
20    resulting in an alcohol concentration of 0.08 or more or
21    any amount of a drug, substance, or compound resulting from
22    the unlawful use or consumption of cannabis as listed in
23    the Cannabis Control Act, a controlled substance as listed
24    in the Illinois Controlled Substances Act, an intoxicating
25    compound as listed in the Use of Intoxicating Compounds
26    Act, or methamphetamine as listed in the Methamphetamine

 

 

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1    Control and Community Protection Act, in which case the
2    penalty shall be as prescribed in Section 6-208.1;
3        32. Has been convicted of Section 24-1.2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 relating
5    to the aggravated discharge of a firearm if the offender
6    was located in a motor vehicle at the time the firearm was
7    discharged, in which case the suspension shall be for 3
8    years;
9        33. Has as a driver, who was less than 21 years of age
10    on the date of the offense, been convicted a first time of
11    a violation of paragraph (a) of Section 11-502 of this Code
12    or a similar provision of a local ordinance;
13        34. Has committed a violation of Section 11-1301.5 of
14    this Code or a similar provision of a local ordinance;
15        35. Has committed a violation of Section 11-1301.6 of
16    this Code or a similar provision of a local ordinance;
17        36. Is under the age of 21 years at the time of arrest
18    and has been convicted of not less than 2 offenses against
19    traffic regulations governing the movement of vehicles
20    committed within any 24-month 24 month period. No
21    revocation or suspension shall be entered more than 6
22    months after the date of last conviction;
23        37. Has committed a violation of subsection (c) of
24    Section 11-907 of this Code that resulted in damage to the
25    property of another or the death or injury of another;
26        38. Has been convicted of a violation of Section 6-20

 

 

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1    of the Liquor Control Act of 1934 or a similar provision of
2    a local ordinance and the person was an occupant of a motor
3    vehicle at the time of the violation;
4        39. Has committed a second or subsequent violation of
5    Section 11-1201 of this Code;
6        40. Has committed a violation of subsection (a-1) of
7    Section 11-908 of this Code;
8        41. Has committed a second or subsequent violation of
9    Section 11-605.1 of this Code, a similar provision of a
10    local ordinance, or a similar violation in any other state
11    within 2 years of the date of the previous violation, in
12    which case the suspension shall be for 90 days;
13        42. Has committed a violation of subsection (a-1) of
14    Section 11-1301.3 of this Code or a similar provision of a
15    local ordinance;
16        43. Has received a disposition of court supervision for
17    a violation of subsection (a), (d), or (e) of Section 6-20
18    of the Liquor Control Act of 1934 or a similar provision of
19    a local ordinance and the person was an occupant of a motor
20    vehicle at the time of the violation, in which case the
21    suspension shall be for a period of 3 months;
22        44. Is under the age of 21 years at the time of arrest
23    and has been convicted of an offense against traffic
24    regulations governing the movement of vehicles after
25    having previously had his or her driving privileges
26    suspended or revoked pursuant to subparagraph 36 of this

 

 

10100HB3653sam001- 191 -LRB101 05541 RLC 74780 a

1    Section;
2        45. Has, in connection with or during the course of a
3    formal hearing conducted under Section 2-118 of this Code:
4    (i) committed perjury; (ii) submitted fraudulent or
5    falsified documents; (iii) submitted documents that have
6    been materially altered; or (iv) submitted, as his or her
7    own, documents that were in fact prepared or composed for
8    another person;
9        46. Has committed a violation of subsection (j) of
10    Section 3-413 of this Code;
11        47. Has committed a violation of subsection (a) of
12    Section 11-502.1 of this Code;
13        48. Has submitted a falsified or altered medical
14    examiner's certificate to the Secretary of State or
15    provided false information to obtain a medical examiner's
16    certificate; or
17        49. Has committed a violation of subsection (b-5) of
18    Section 12-610.2 that resulted in great bodily harm,
19    permanent disability, or disfigurement, in which case the
20    driving privileges shall be suspended for 12 months; or .
21        50. 49. Has been convicted of a violation of Section
22    11-1002 or 11-1002.5 that resulted in a Type A injury to
23    another, in which case the person's driving privileges
24    shall be suspended for 12 months.
25    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
26and 27 of this subsection, license means any driver's license,

 

 

10100HB3653sam001- 192 -LRB101 05541 RLC 74780 a

1any traffic ticket issued when the person's driver's license is
2deposited in lieu of bail, a suspension notice issued by the
3Secretary of State, a duplicate or corrected driver's license,
4a probationary driver's license, or a temporary driver's
5license.
6    (b) If any conviction forming the basis of a suspension or
7revocation authorized under this Section is appealed, the
8Secretary of State may rescind or withhold the entry of the
9order of suspension or revocation, as the case may be, provided
10that a certified copy of a stay order of a court is filed with
11the Secretary of State. If the conviction is affirmed on
12appeal, the date of the conviction shall relate back to the
13time the original judgment of conviction was entered and the
146-month 6 month limitation prescribed shall not apply.
15    (c) 1. Upon suspending or revoking the driver's license or
16permit of any person as authorized in this Section, the
17Secretary of State shall immediately notify the person in
18writing of the revocation or suspension. The notice to be
19deposited in the United States mail, postage prepaid, to the
20last known address of the person.
21    2. If the Secretary of State suspends the driver's license
22of a person under subsection 2 of paragraph (a) of this
23Section, a person's privilege to operate a vehicle as an
24occupation shall not be suspended, provided an affidavit is
25properly completed, the appropriate fee received, and a permit
26issued prior to the effective date of the suspension, unless 5

 

 

10100HB3653sam001- 193 -LRB101 05541 RLC 74780 a

1offenses were committed, at least 2 of which occurred while
2operating a commercial vehicle in connection with the driver's
3regular occupation. All other driving privileges shall be
4suspended by the Secretary of State. Any driver prior to
5operating a vehicle for occupational purposes only must submit
6the affidavit on forms to be provided by the Secretary of State
7setting forth the facts of the person's occupation. The
8affidavit shall also state the number of offenses committed
9while operating a vehicle in connection with the driver's
10regular occupation. The affidavit shall be accompanied by the
11driver's license. Upon receipt of a properly completed
12affidavit, the Secretary of State shall issue the driver a
13permit to operate a vehicle in connection with the driver's
14regular occupation only. Unless the permit is issued by the
15Secretary of State prior to the date of suspension, the
16privilege to drive any motor vehicle shall be suspended as set
17forth in the notice that was mailed under this Section. If an
18affidavit is received subsequent to the effective date of this
19suspension, a permit may be issued for the remainder of the
20suspension period.
21    The provisions of this subparagraph shall not apply to any
22driver required to possess a CDL for the purpose of operating a
23commercial motor vehicle.
24    Any person who falsely states any fact in the affidavit
25required herein shall be guilty of perjury under Section 6-302
26and upon conviction thereof shall have all driving privileges

 

 

10100HB3653sam001- 194 -LRB101 05541 RLC 74780 a

1revoked without further rights.
2    3. At the conclusion of a hearing under Section 2-118 of
3this Code, the Secretary of State shall either rescind or
4continue an order of revocation or shall substitute an order of
5suspension; or, good cause appearing therefor, rescind,
6continue, change, or extend the order of suspension. If the
7Secretary of State does not rescind the order, the Secretary
8may upon application, to relieve undue hardship (as defined by
9the rules of the Secretary of State), issue a restricted
10driving permit granting the privilege of driving a motor
11vehicle between the petitioner's residence and petitioner's
12place of employment or within the scope of the petitioner's
13employment-related employment related duties, or to allow the
14petitioner to transport himself or herself, or a family member
15of the petitioner's household to a medical facility, to receive
16necessary medical care, to allow the petitioner to transport
17himself or herself to and from alcohol or drug remedial or
18rehabilitative activity recommended by a licensed service
19provider, or to allow the petitioner to transport himself or
20herself or a family member of the petitioner's household to
21classes, as a student, at an accredited educational
22institution, or to allow the petitioner to transport children,
23elderly persons, or persons with disabilities who do not hold
24driving privileges and are living in the petitioner's household
25to and from daycare. The petitioner must demonstrate that no
26alternative means of transportation is reasonably available

 

 

10100HB3653sam001- 195 -LRB101 05541 RLC 74780 a

1and that the petitioner will not endanger the public safety or
2welfare.
3        (A) If a person's license or permit is revoked or
4    suspended due to 2 or more convictions of violating Section
5    11-501 of this Code or a similar provision of a local
6    ordinance or a similar out-of-state offense, or Section 9-3
7    of the Criminal Code of 1961 or the Criminal Code of 2012,
8    where the use of alcohol or other drugs is recited as an
9    element of the offense, or a similar out-of-state offense,
10    or a combination of these offenses, arising out of separate
11    occurrences, that person, if issued a restricted driving
12    permit, may not operate a vehicle unless it has been
13    equipped with an ignition interlock device as defined in
14    Section 1-129.1.
15        (B) If a person's license or permit is revoked or
16    suspended 2 or more times due to any combination of:
17            (i) a single conviction of violating Section
18        11-501 of this Code or a similar provision of a local
19        ordinance or a similar out-of-state offense or Section
20        9-3 of the Criminal Code of 1961 or the Criminal Code
21        of 2012, where the use of alcohol or other drugs is
22        recited as an element of the offense, or a similar
23        out-of-state offense; or
24            (ii) a statutory summary suspension or revocation
25        under Section 11-501.1; or
26            (iii) a suspension under Section 6-203.1;

 

 

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1    arising out of separate occurrences; that person, if issued
2    a restricted driving permit, may not operate a vehicle
3    unless it has been equipped with an ignition interlock
4    device as defined in Section 1-129.1.
5        (B-5) If a person's license or permit is revoked or
6    suspended due to a conviction for a violation of
7    subparagraph (C) or (F) of paragraph (1) of subsection (d)
8    of Section 11-501 of this Code, or a similar provision of a
9    local ordinance or similar out-of-state offense, that
10    person, if issued a restricted driving permit, may not
11    operate a vehicle unless it has been equipped with an
12    ignition interlock device as defined in Section 1-129.1.
13        (C) The person issued a permit conditioned upon the use
14    of an ignition interlock device must pay to the Secretary
15    of State DUI Administration Fund an amount not to exceed
16    $30 per month. The Secretary shall establish by rule the
17    amount and the procedures, terms, and conditions relating
18    to these fees.
19        (D) If the restricted driving permit is issued for
20    employment purposes, then the prohibition against
21    operating a motor vehicle that is not equipped with an
22    ignition interlock device does not apply to the operation
23    of an occupational vehicle owned or leased by that person's
24    employer when used solely for employment purposes. For any
25    person who, within a 5-year period, is convicted of a
26    second or subsequent offense under Section 11-501 of this

 

 

10100HB3653sam001- 197 -LRB101 05541 RLC 74780 a

1    Code, or a similar provision of a local ordinance or
2    similar out-of-state offense, this employment exemption
3    does not apply until either a one-year period has elapsed
4    during which that person had his or her driving privileges
5    revoked or a one-year period has elapsed during which that
6    person had a restricted driving permit which required the
7    use of an ignition interlock device on every motor vehicle
8    owned or operated by that person.
9        (E) In each case the Secretary may issue a restricted
10    driving permit for a period deemed appropriate, except that
11    all permits shall expire no later than 2 years from the
12    date of issuance. A restricted driving permit issued under
13    this Section shall be subject to cancellation, revocation,
14    and suspension by the Secretary of State in like manner and
15    for like cause as a driver's license issued under this Code
16    may be cancelled, revoked, or suspended; except that a
17    conviction upon one or more offenses against laws or
18    ordinances regulating the movement of traffic shall be
19    deemed sufficient cause for the revocation, suspension, or
20    cancellation of a restricted driving permit. The Secretary
21    of State may, as a condition to the issuance of a
22    restricted driving permit, require the applicant to
23    participate in a designated driver remedial or
24    rehabilitative program. The Secretary of State is
25    authorized to cancel a restricted driving permit if the
26    permit holder does not successfully complete the program.

 

 

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1        (F) A person subject to the provisions of paragraph 4
2    of subsection (b) of Section 6-208 of this Code may make
3    application for a restricted driving permit at a hearing
4    conducted under Section 2-118 of this Code after the
5    expiration of 5 years from the effective date of the most
6    recent revocation or after 5 years from the date of release
7    from a period of imprisonment resulting from a conviction
8    of the most recent offense, whichever is later, provided
9    the person, in addition to all other requirements of the
10    Secretary, shows by clear and convincing evidence:
11            (i) a minimum of 3 years of uninterrupted
12        abstinence from alcohol and the unlawful use or
13        consumption of cannabis under the Cannabis Control
14        Act, a controlled substance under the Illinois
15        Controlled Substances Act, an intoxicating compound
16        under the Use of Intoxicating Compounds Act, or
17        methamphetamine under the Methamphetamine Control and
18        Community Protection Act; and
19            (ii) the successful completion of any
20        rehabilitative treatment and involvement in any
21        ongoing rehabilitative activity that may be
22        recommended by a properly licensed service provider
23        according to an assessment of the person's alcohol or
24        drug use under Section 11-501.01 of this Code.
25        In determining whether an applicant is eligible for a
26    restricted driving permit under this subparagraph (F), the

 

 

10100HB3653sam001- 199 -LRB101 05541 RLC 74780 a

1    Secretary may consider any relevant evidence, including,
2    but not limited to, testimony, affidavits, records, and the
3    results of regular alcohol or drug tests. Persons subject
4    to the provisions of paragraph 4 of subsection (b) of
5    Section 6-208 of this Code and who have been convicted of
6    more than one violation of paragraph (3), paragraph (4), or
7    paragraph (5) of subsection (a) of Section 11-501 of this
8    Code shall not be eligible to apply for a restricted
9    driving permit under this subparagraph (F).
10        A restricted driving permit issued under this
11    subparagraph (F) shall provide that the holder may only
12    operate motor vehicles equipped with an ignition interlock
13    device as required under paragraph (2) of subsection (c) of
14    Section 6-205 of this Code and subparagraph (A) of
15    paragraph 3 of subsection (c) of this Section. The
16    Secretary may revoke a restricted driving permit or amend
17    the conditions of a restricted driving permit issued under
18    this subparagraph (F) if the holder operates a vehicle that
19    is not equipped with an ignition interlock device, or for
20    any other reason authorized under this Code.
21        A restricted driving permit issued under this
22    subparagraph (F) shall be revoked, and the holder barred
23    from applying for or being issued a restricted driving
24    permit in the future, if the holder is convicted of a
25    violation of Section 11-501 of this Code, a similar
26    provision of a local ordinance, or a similar offense in

 

 

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1    another state.
2    (c-3) In the case of a suspension under paragraph 43 of
3subsection (a), reports received by the Secretary of State
4under this Section shall, except during the actual time the
5suspension is in effect, be privileged information and for use
6only by the courts, police officers, prosecuting authorities,
7the driver licensing administrator of any other state, the
8Secretary of State, or the parent or legal guardian of a driver
9under the age of 18. However, beginning January 1, 2008, if the
10person is a CDL holder, the suspension shall also be made
11available to the driver licensing administrator of any other
12state, the U.S. Department of Transportation, and the affected
13driver or motor carrier or prospective motor carrier upon
14request.
15    (c-4) In the case of a suspension under paragraph 43 of
16subsection (a), the Secretary of State shall notify the person
17by mail that his or her driving privileges and driver's license
18will be suspended one month after the date of the mailing of
19the notice.
20    (c-5) The Secretary of State may, as a condition of the
21reissuance of a driver's license or permit to an applicant
22whose driver's license or permit has been suspended before he
23or she reached the age of 21 years pursuant to any of the
24provisions of this Section, require the applicant to
25participate in a driver remedial education course and be
26retested under Section 6-109 of this Code.

 

 

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1    (d) This Section is subject to the provisions of the Driver
2Drivers License Compact.
3    (e) The Secretary of State shall not issue a restricted
4driving permit to a person under the age of 16 years whose
5driving privileges have been suspended or revoked under any
6provisions of this Code.
7    (f) In accordance with 49 C.F.R. 384, the Secretary of
8State may not issue a restricted driving permit for the
9operation of a commercial motor vehicle to a person holding a
10CDL whose driving privileges have been suspended, revoked,
11cancelled, or disqualified under any provisions of this Code.
12(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
13101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-21-20.)
 
14    (625 ILCS 5/6-209.1)
15    Sec. 6-209.1. Restoration of driving privileges;
16revocation; suspension; cancellation.
17    (a) The Secretary shall rescind the suspension or
18cancellation of a person's driver's license that has been
19suspended or canceled before July 1, 2020 (the effective date
20of Public Act 101-623) this amendatory Act of the 101st General
21Assembly due to:
22        (1) the person being convicted of theft of motor fuel
23    under Section Sections 16-25 or 16K-15 of the Criminal Code
24    of 1961 or the Criminal Code of 2012;
25        (2) the person, since the issuance of the driver's

 

 

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1    license, being adjudged to be afflicted with or suffering
2    from any mental disability or disease;
3        (3) a violation of Section 6-16 of the Liquor Control
4    Act of 1934 or a similar provision of a local ordinance;
5        (4) the person being convicted of a violation of
6    Section 6-20 of the Liquor Control Act of 1934 or a similar
7    provision of a local ordinance, if the person presents a
8    certified copy of a court order that includes a finding
9    that the person was not an occupant of a motor vehicle at
10    the time of the violation;
11        (5) the person receiving a disposition of court
12    supervision for a violation of subsection subsections (a),
13    (d), or (e) of Section 6-20 of the Liquor Control Act of
14    1934 or a similar provision of a local ordinance, if the
15    person presents a certified copy of a court order that
16    includes a finding that the person was not an occupant of a
17    motor vehicle at the time of the violation;
18        (6) the person failing to pay any fine or penalty due
19    or owing as a result of 10 or more violations of a
20    municipality's or county's vehicular standing, parking, or
21    compliance regulations established by ordinance under
22    Section 11-208.3 of this Code;
23        (7) the person failing to satisfy any fine or penalty
24    resulting from a final order issued by the Illinois State
25    Toll Highway Authority relating directly or indirectly to 5
26    or more toll violations, toll evasions, or both;

 

 

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1        (8) the person being convicted of a violation of
2    Section 4-102 of this Code, if the person presents a
3    certified copy of a court order that includes a finding
4    that the person did not exercise actual physical control of
5    the vehicle at the time of the violation; or
6        (9) the person being convicted of criminal trespass to
7    vehicles under Section 21-2 of the Criminal Code of 2012,
8    if the person presents a certified copy of a court order
9    that includes a finding that the person did not exercise
10    actual physical control of the vehicle at the time of the
11    violation.
12    (b) As soon as practicable and no later than July 1, 2021,
13the Secretary shall rescind the suspension, cancellation, or
14prohibition of renewal of a person's driver's license that has
15been suspended, canceled, or whose renewal has been prohibited
16before the effective date of this amendatory Act of the 101st
17General Assembly due to the person having failed to pay any
18fine or penalty for traffic violations, automated traffic law
19enforcement system violations as defined in Sections 11-208.6,
20and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle
21fees.
22(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
 
23    (625 ILCS 5/6-308)
24    Sec. 6-308. Procedures for traffic violations.
25    (a) Any person cited for violating this Code or a similar

 

 

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1provision of a local ordinance for which a violation is a petty
2offense as defined by Section 5-1-17 of the Unified Code of
3Corrections, excluding business offenses as defined by Section
45-1-2 of the Unified Code of Corrections or a violation of
5Section 15-111 or subsection (d) of Section 3-401 of this Code,
6shall not be required to sign the citation or post bond to
7secure bail for his or her release. All other provisions of
8this Code or similar provisions of local ordinances shall be
9governed by the pretrial release bail provisions of the
10Illinois Supreme Court Rules when it is not practical or
11feasible to take the person before a judge to have conditions
12of pretrial release bail set or to avoid undue delay because of
13the hour or circumstances.
14    (b) Whenever a person fails to appear in court, the court
15may continue the case for a minimum of 30 days and the clerk of
16the court shall send notice of the continued court date to the
17person's last known address. If the person does not appear in
18court on or before the continued court date or satisfy the
19court that the person's appearance in and surrender to the
20court is impossible for no fault of the person, the court shall
21enter an order of failure to appear. The clerk of the court
22shall notify the Secretary of State, on a report prescribed by
23the Secretary, of the court's order. The Secretary, when
24notified by the clerk of the court that an order of failure to
25appear has been entered, shall immediately suspend the person's
26driver's license, which shall be designated by the Secretary as

 

 

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1a Failure to Appear suspension. The Secretary shall not remove
2the suspension, nor issue any permit or privileges to the
3person whose license has been suspended, until notified by the
4ordering court that the person has appeared and resolved the
5violation. Upon compliance, the clerk of the court shall
6present the person with a notice of compliance containing the
7seal of the court, and shall notify the Secretary that the
8person has appeared and resolved the violation.
9    (c) Illinois Supreme Court Rules shall govern pretrial
10release bail and appearance procedures when a person who is a
11resident of another state that is not a member of the
12Nonresident Violator Compact of 1977 is cited for violating
13this Code or a similar provision of a local ordinance.
14(Source: P.A. 100-674, eff. 1-1-19.)
 
15    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
16    Sec. 6-500. Definitions of words and phrases.
17Notwithstanding the definitions set forth elsewhere in this
18Code, for purposes of the Uniform Commercial Driver's License
19Act (UCDLA), the words and phrases listed below have the
20meanings ascribed to them as follows:
21    (1) Alcohol. "Alcohol" means any substance containing any
22form of alcohol, including but not limited to ethanol,
23methanol, propanol, and isopropanol.
24    (2) Alcohol concentration. "Alcohol concentration" means:
25        (A) the number of grams of alcohol per 210 liters of

 

 

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1    breath; or
2        (B) the number of grams of alcohol per 100 milliliters
3    of blood; or
4        (C) the number of grams of alcohol per 67 milliliters
5    of urine.
6    Alcohol tests administered within 2 hours of the driver
7being "stopped or detained" shall be considered that driver's
8"alcohol concentration" for the purposes of enforcing this
9UCDLA.
10    (3) (Blank).
11    (4) (Blank).
12    (5) (Blank).
13    (5.3) CDLIS driver record. "CDLIS driver record" means the
14electronic record of the individual CDL driver's status and
15history stored by the State-of-Record as part of the Commercial
16Driver's License Information System, or CDLIS, established
17under 49 U.S.C. 31309.
18    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
19record" or "CDLIS MVR" means a report generated from the CDLIS
20driver record meeting the requirements for access to CDLIS
21information and provided by states to users authorized in 49
22C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
23Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
24    (5.7) Commercial driver's license downgrade. "Commercial
25driver's license downgrade" or "CDL downgrade" means either:
26        (A) a state allows the driver to change his or her

 

 

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1    self-certification to interstate, but operating
2    exclusively in transportation or operation excepted from
3    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
4    391.2, 391.68, or 398.3;
5        (B) a state allows the driver to change his or her
6    self-certification to intrastate only, if the driver
7    qualifies under that state's physical qualification
8    requirements for intrastate only;
9        (C) a state allows the driver to change his or her
10    certification to intrastate, but operating exclusively in
11    transportation or operations excepted from all or part of
12    the state driver qualification requirements; or
13        (D) a state removes the CDL privilege from the driver
14    license.
15    (6) Commercial Motor Vehicle.
16        (A) "Commercial motor vehicle" or "CMV" means a motor
17    vehicle or combination of motor vehicles used in commerce,
18    except those referred to in subdivision (B), designed to
19    transport passengers or property if the motor vehicle:
20            (i) has a gross combination weight rating or gross
21        combination weight of 11,794 kilograms or more (26,001
22        pounds or more), whichever is greater, inclusive of any
23        towed unit with a gross vehicle weight rating or gross
24        vehicle weight of more than 4,536 kilograms (10,000
25        pounds), whichever is greater; or
26            (i-5) has a gross vehicle weight rating or gross

 

 

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1        vehicle weight of 11,794 or more kilograms (26,001
2        pounds or more), whichever is greater; or
3            (ii) is designed to transport 16 or more persons,
4        including the driver; or
5            (iii) is of any size and is used in transporting
6        hazardous materials as defined in 49 C.F.R. 383.5.
7        (B) Pursuant to the interpretation of the Commercial
8    Motor Vehicle Safety Act of 1986 by the Federal Highway
9    Administration, the definition of "commercial motor
10    vehicle" does not include:
11            (i) recreational vehicles, when operated primarily
12        for personal use;
13            (ii) vehicles owned by or operated under the
14        direction of the United States Department of Defense or
15        the United States Coast Guard only when operated by
16        non-civilian personnel. This includes any operator on
17        active military duty; members of the Reserves;
18        National Guard; personnel on part-time training; and
19        National Guard military technicians (civilians who are
20        required to wear military uniforms and are subject to
21        the Code of Military Justice); or
22            (iii) firefighting, police, and other emergency
23        equipment (including, without limitation, equipment
24        owned or operated by a HazMat or technical rescue team
25        authorized by a county board under Section 5-1127 of
26        the Counties Code), with audible and visual signals,

 

 

10100HB3653sam001- 209 -LRB101 05541 RLC 74780 a

1        owned or operated by or for a governmental entity,
2        which is necessary to the preservation of life or
3        property or the execution of emergency governmental
4        functions which are normally not subject to general
5        traffic rules and regulations.
6    (7) Controlled Substance. "Controlled substance" shall
7have the same meaning as defined in Section 102 of the Illinois
8Controlled Substances Act, and shall also include cannabis as
9defined in Section 3 of the Cannabis Control Act and
10methamphetamine as defined in Section 10 of the Methamphetamine
11Control and Community Protection Act.
12    (8) Conviction. "Conviction" means an unvacated
13adjudication of guilt or a determination that a person has
14violated or failed to comply with the law in a court of
15original jurisdiction or by an authorized administrative
16tribunal; an unvacated revocation of pretrial release
17forfeiture of bail or collateral deposited to secure the
18person's appearance in court; a plea of guilty or nolo
19contendere accepted by the court; the payment of a fine or
20court cost regardless of whether the imposition of sentence is
21deferred and ultimately a judgment dismissing the underlying
22charge is entered; or a violation of a condition of pretrial
23release without bail, regardless of whether or not the penalty
24is rebated, suspended or probated.
25    (8.5) Day. "Day" means calendar day.
26    (9) (Blank).

 

 

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

 

 

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1vehicle driver must comply with the requirements of this UCDLA.
2    (15.1) Endorsement. "Endorsement" means an authorization
3to an individual's CLP or CDL required to permit the individual
4to operate certain types of commercial motor vehicles.
5    (15.2) Entry-level driver training. "Entry-level driver
6training" means the training an entry-level driver receives
7from an entity listed on the Federal Motor Carrier Safety
8Administration's Training Provider Registry prior to: (i)
9taking the CDL skills test required to receive the Class A or
10Class B CDL for the first time; (ii) taking the CDL skills test
11required to upgrade to a Class A or Class B CDL; or (iii)
12taking the CDL skills test required to obtain a passenger or
13school bus endorsement for the first time or the CDL knowledge
14test required to obtain a hazardous materials endorsement for
15the first time.
16    (15.3) Excepted interstate. "Excepted interstate" means a
17person who operates or expects to operate in interstate
18commerce, but engages exclusively in transportation or
19operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
20398.3 from all or part of the qualification requirements of 49
21C.F.R. Part 391 and is not required to obtain a medical
22examiner's certificate by 49 C.F.R. 391.45.
23    (15.5) Excepted intrastate. "Excepted intrastate" means a
24person who operates in intrastate commerce but engages
25exclusively in transportation or operations excepted from all
26or parts of the state driver qualification requirements.

 

 

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1    (16) (Blank).
2    (16.5) Fatality. "Fatality" means the death of a person as
3a result of a motor vehicle accident.
4    (16.7) Foreign commercial driver. "Foreign commercial
5driver" means a person licensed to operate a commercial motor
6vehicle by an authority outside the United States, or a citizen
7of a foreign country who operates a commercial motor vehicle in
8the United States.
9    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
10sovereign jurisdiction that does not fall within the definition
11of "State".
12    (18) (Blank).
13    (19) (Blank).
14    (20) Hazardous materials. "Hazardous material" means any
15material that has been designated under 49 U.S.C. 5103 and is
16required to be placarded under subpart F of 49 C.F.R. part 172
17or any quantity of a material listed as a select agent or toxin
18in 42 C.F.R. part 73.
19    (20.5) Imminent Hazard. "Imminent hazard" means the
20existence of any condition of a vehicle, employee, or
21commercial motor vehicle operations that substantially
22increases the likelihood of serious injury or death if not
23discontinued immediately; or a condition relating to hazardous
24material that presents a substantial likelihood that death,
25serious illness, severe personal injury, or a substantial
26endangerment to health, property, or the environment may occur
</

 

 

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1before the reasonably foreseeable completion date of a formal
2proceeding begun to lessen the risk of that death, illness,
3injury or endangerment.
4    (20.6) Issuance. "Issuance" means initial issuance,
5transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
6CLP or CDL.
7    (20.7) Issue. "Issue" means initial issuance, transfer,
8renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
9non-domiciled CDL.
10    (21) Long-term lease. "Long-term lease" means a lease of a
11commercial motor vehicle by the owner-lessor to a lessee, for a
12period of more than 29 days.
13    (21.01) Manual transmission. "Manual transmission" means a
14transmission utilizing a driver-operated clutch that is
15activated by a pedal or lever and a gear-shift mechanism
16operated either by hand or foot including those known as a
17stick shift, stick, straight drive, or standard transmission.
18All other transmissions, whether semi-automatic or automatic,