Sen. Elgie R. Sims, Jr.

Filed: 1/13/2021

 

 


 

 


 
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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
Statewide Use of Force Standardization

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

 

 

 

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1    Section 2-1. Short title. This Act may be cited as the No
2Representation Without Population Act. References in this
3Article to "this Act" mean this Article.
 
4    Section 2-3. Definition. As used in this Act, "Department"
5means the Department of Corrections.
 
6    Section 2-5. Electronic records. The Department shall
7collect and maintain an electronic record of the legal
8residence, outside of any correctional facility, and other
9demographic data for each person in custody or entering custody
10on or after the effective date of this Act. At a minimum, this
11record shall contain the person's last known complete street
12address prior to incarceration, the person's race, whether the
13person is of Hispanic or Latino origin, and whether the person
14is 18 years of age or older. To the degree possible, the
15Department shall also allow the legal residence to be updated
16as appropriate.
 
17    Section 2-10. Reports to the State Board of Elections.
18    (a) Within 30 days after the effective date of this Act,
19and thereafter, on or before May 1 of each year where the
20federal decennial census is taken but in which the United
21States Bureau of the Census allocates incarcerated persons as
22residents of correctional facilities, the Department shall
23deliver to the State Board of Elections the following

 

 

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1information:
2        (1) A unique identifier, not including the name or
3    Department-assigned inmate number, for each incarcerated
4    person subject to the jurisdiction of the Department on the
5    date for which the decennial census reports population. The
6    unique identifier shall enable the State Board of Elections
7    to address inquiries about specific address records to the
8    Department, without making it possible for anyone outside
9    of the Department to identify the inmate to whom the
10    address record pertains.
11        (2) The street address of the correctional facility
12    where the person was incarcerated at the time of the
13    report.
14        (3) The last known address of the person prior to
15    incarceration or other legal residence, if known.
16        (4) The person's race, whether the person is of
17    Hispanic or Latino origin, and whether the person is age 18
18    or older, if known.
19        (5) Any additional information as the State Board of
20    Elections may request pursuant to law.
21    (b) The Department shall provide the information specified
22in subsection (a) in the form that the State Board of Elections
23shall specify.
24    (c) Notwithstanding any other provision of law, the
25information required to be provided to the State Board of
26Elections pursuant to this Section shall not include the name

 

 

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

 

 

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1    Section 2-25. Determinations and data publication by the
2State Board of Elections.
3    (a) For each person included in a report received under
4Sections 2-10 and 2-15, the State Board of Elections shall
5determine the geographic units for which population counts are
6reported in the federal decennial census that contain the
7facility of incarceration and the legal residence as listed
8according to the report.
9    (b) For each person included in a report received under
10Sections 2-10 and 2-15, if the legal residence is known and in
11this State, the State Board of Elections shall:
12        (1) ensure that the person is not represented in any
13    population counts reported by the State Board of Elections
14    for the geographic units that include the facility where
15    the person was incarcerated, unless that geographic unit
16    also includes the person's legal residence; and
17        (2) ensure that any population counts reported by the
18    State Board of Elections reflect the person's residential
19    address as reported under Sections 2-10 and 2-15.
20    (c) For each person included in a report received under
21Sections 2-10 and 2-15 for whom a legal residence is unknown or
22not in this State and for all persons reported in the census as
23residing in a federal correctional facility for whom a report
24was not provided, the State Board of Elections shall:
25        (1) ensure that the person is not represented in any

 

 

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1    population counts reported by the State Board of Elections
2    for the geographic units that include the facility where
3    the person was incarcerated; and
4        (2) allocate the person to a State unit not tied to a
5    specific determined geographic location, as other State
6    residents with unknown State addresses are allocated.
7    (d) The data prepared by the State Board of Elections
8pursuant to this Section shall be completed and published no
9later than 30 days after the date that federal decennial census
10data required to be published by Public Law 94-171 is published
11for the State of Illinois.
 
12    Section 2-30. Data; Legislative and Representative
13Districts. The data prepared by the State Board of Elections in
14Section 2-25 shall be used only as the basis for determining
15Legislative and Representative Districts. Residences at
16unknown geographic locations within the State under subsection
17(c) of Section 2-25 shall not be used to determine the ideal
18population of any set of districts, wards, or precincts. The
19data prepared by the State Board of Elections in Section 2-25
20shall not be used in the distribution of any State or federal
21aid.
 
22
Article 3.
23
Deaths in Custody

 

 

 

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1    Section 3-1. Short title. This Article may be cited as the
2Reporting of Deaths in Custody Act. References in this Article
3to "this Act" mean this Article.
 
4    Section 3-5. Report of deaths of persons in custody in
5correctional institutions.
6    (a) In this Act, "law enforcement agency" includes each law
7enforcement entity within this State having the authority to
8arrest and detain persons suspected of, or charged with,
9committing a criminal offense, and each law enforcement entity
10that operates a lock up, jail, prison, or any other facility
11used to detain persons for legitimate law enforcement purposes.
12    (b) In any case 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    the law enforcement agency shall investigate and report the
20    death in writing to the Illinois Criminal Justice
21    Information Authority, no later than 30 days after the date
22    on which the person in custody or incarcerated died. The
23    written report shall contain the following information:
24            (A) facts concerning the death that are in the
25        possession of the law enforcement agency in charge of

 

 

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1        the investigation and the correctional facility where
2        the death occurred including, but not limited to, race,
3        age, and gender of the decedent, and a brief
4        description of the circumstances surrounding the
5        death;
6            (B) if the death occurred in the custody of the
7        Illinois Department of Corrections, the report shall
8        also include the jurisdiction, the law enforcement
9        agency providing the investigation, and the local or
10        State facility where the death occurred;
11            (C) if the death occurred in the custody of the
12        Illinois Department of Corrections, the report shall
13        also include if emergency care was requested by the law
14        enforcement agency in response to any illness, injury,
15        self-inflicted or otherwise, or other issue related to
16        rapid deterioration of physical wellness or human
17        subsistence, and details concerning emergency care
18        that were provided to the decedent if emergency care
19        was provided.
20    (c) The law enforcement agency and the involved
21correctional administrators shall make a good faith effort to
22obtain all relevant facts and circumstances relevant to the
23death and include those in the report.
24    (d) The Illinois Criminal Justice Information Authority
25shall create a standardized form to be used for the purpose of
26collecting information as described in subsection (b).

 

 

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1    (e) Law enforcement agencies shall use the form described
2in subsection (d) to report all cases 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    (f) The Illinois Criminal Justice Information Authority
10may determine the manner in which the form is transmitted from
11a law enforcement agency to the Illinois Criminal Justice
12Information Authority.
13    (g) The reports shall be public records within the meaning
14of subsection (c) of Section 2 of the Freedom of Information
15Act and are open to public inspection, with the exception of
16any portion of the report that the Illinois Criminal Justice
17Information Authority determines is privileged or protected
18under Illinois or federal law.
19    (h) The Illinois Criminal Justice Information Authority
20shall make available to the public information of all
21individual reports relating to deaths in custody through the
22Illinois Criminal Justice Information Authority's website to
23be updated on a quarterly basis.
24    (i) The Illinois Criminal Justice Information Authority
25shall issue a public annual report tabulating and evaluating
26trends and information on deaths in custody, including, but not

 

 

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1limited to:
2        (1) information regarding the race, gender, sexual
3    orientation, and gender identity of the decedent; and a
4    brief description of the circumstances surrounding the
5    death;
6        (2) if the death occurred in the custody of the
7    Illinois Department of Corrections, the report shall also
8    include the jurisdiction, law enforcement agency providing
9    the investigation, and local or State facility where the
10    death occurred; and
11        (3) recommendations and State and local efforts
12    underway to reduce deaths in custody.
13    The report shall be submitted to the Governor and General
14Assembly and made available to the public on the Illinois
15Criminal Justice Information Authority's website the first
16week of February of each year.
17    (j) So that the State may oversee the healthcare provided
18to any person in the custody of each law enforcement agency
19within this State, provision of medical services to these
20persons, general care and treatment, and any other factors that
21may contribute to the death of any of these persons, the
22following information shall be made available to the public on
23the Illinois Criminal Justice Information Authority's website:
24        (1) the number of deaths that occurred during the
25    preceding calendar year;
26        (2) the known, or discoverable upon reasonable

 

 

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1    inquiry, causes and contributing factors of each of the
2    in-custody deaths as defined in subsection (b); and
3        (3) the law enforcement agency's policies, procedures,
4    and protocols related to:
5            (A) treatment of a person experiencing withdrawal
6        from alcohol or substance use;
7            (B) the facility's provision, or lack of
8        provision, of medications used to treat, mitigate, or
9        address a person's symptoms; and
10            (C) notifying an inmate's next of kin after the
11        inmate's in-custody death.
12    (k) The family, next of kin, or any other person reasonably
13nominated by the decedent as an emergency contact shall be
14notified as soon as possible in a suitable manner giving an
15accurate factual account of the cause of death and
16circumstances surrounding the death in custody in accordance
17with State and federal law.
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 in
4accordance with State and federal law.
5    (m) It is unlawful for a person who is required under this
6Section to investigate a death or file a report to fail to
7include in the report facts known or discovered in the
8investigation to the Illinois Criminal Justice Information
9Authority. A violation of this Section is a petty offense, with
10fine not to exceed $500.
 
11
Article 4.
12
Constitutional Rights and Remedies

 
13    Section 4-1. Short title. This Article may be cited as the
14Task Force on Constitutional Rights and Remedies Act.
15References in this Article to "this Act" mean this Article.
 
16    Section 4-5. Task Force on Constitutional Rights and
17Remedies. The Task Force on Constitutional Rights and Remedies
18is created. The purpose of the Task Force on Constitutional
19Rights and Remedies is to develop and propose policies and
20procedures to review and reform constitutional rights and
21remedies, including qualified immunity for peace officers.
 
22    Section 4-10. Task Force Members.

 

 

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1    (a) The Task Force on Constitutional Rights and Remedies
2shall be comprised of the following members:
3        (1) The president of statewide association
4    representing trial lawyers or his or her designee, the
5    executive director of a statewide association advocating
6    for the advancement of civil liberties or his or her
7    designee, a representative representing statewide labor,
8    all appointed by the Governor.
9        (2) Four members of the public appointed, one appointed
10    by each the Speaker of the House of Representatives,
11    Minority Leader of the House of Representatives, Minority
12    Leader of the House of Representatives, President of the
13    Senate, Minority Leader of the Senate.
14        (3) The president of a statewide bar association or his
15    or her designee, the executive director of a statewide
16    association representing county sheriffs or his or her
17    designee, the executive director of a statewide
18    association representing chiefs of police, a
19    representative of the Chicago Police Department, all
20    appointed by the Governor.
21        (4) The Director of the Illinois State Police or his or
22    her designee.
23        (5) The Attorney General, or his or her designee.
24        (6) A retired judge appointed by the Governor.
25        (7) one State Representative, appointed by the Speaker
26    of the House of Representatives; one State Representative,

 

 

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1    appointed by the Minority Leader of the House of
2    Representatives; one State Senator, appointed by the
3    President of the Senate; one State Senator, appointed by
4    the Minority Leader of the Senate.
5    (b) The members of the Task Force shall serve without
6compensation.
7    (c) The Illinois Criminal Justice Information Authority
8shall provide administrative and technical support to the Task
9Force and be responsible for administering its operations,
10appointing a chairperson, and ensuring that the requirements of
11the Task Force are met. The President of the Senate and the
12Speaker of the House of Representatives shall appoint
13co-chairpersons for the Task Force. The Task Force shall have
14all appointments made within 30 days of the effective date of
15this amendatory Act of the 101st General Assembly.
 
16    Section 4-15. Meetings; report.
17    (a) The Task Force shall meet at least 3 times with the
18first meeting occurring within 60 days after the effective date
19of this amendatory Act of the 101st General Assembly.
20    (b) The Task Force shall review available research, best
21practices, and effective interventions to formulate
22recommendations.
23    (c) The Task Force shall produce a report detailing the
24Task Force's findings and recommendations and needed
25resources. The Task Force shall submit a report of its findings

 

 

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1and recommendations to the General Assembly and the Governor by
2May 1, 2021.
 
3    Section 4-20. Repeal. This Act is repealed on January 1,
42022.
 
5
Article 10.
6
Amendatory Provisions

 
7    Section 10-105. The Statute on Statutes is amended by
8adding Section 1.43 as follows:
 
9    (5 ILCS 70/1.43 new)
10    Sec. 1.43. Reference to bail, bail bond, or conditions of
11bail. Whenever there is a reference in any Act to "bail", "bail
12bond", or "conditions of bail", these terms shall be construed
13as "pretrial release" or "conditions of pretrial release".
 
14    Section 10-110. The Freedom of Information Act is amended
15by changing Section 2.15 as follows:
 
16    (5 ILCS 140/2.15)
17    Sec. 2.15. Arrest reports and criminal history records.
18    (a) Arrest reports. The following chronologically
19maintained arrest and criminal history information maintained
20by State or local criminal justice agencies shall be furnished

 

 

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1as soon as practical, but in no event later than 72 hours after
2the arrest, notwithstanding the time limits otherwise provided
3for in Section 3 of this Act: (i) information that identifies
4the individual, including the name, age, address, and
5photograph, when and if available; (ii) information detailing
6any charges relating to the arrest; (iii) the time and location
7of the arrest; (iv) the name of the investigating or arresting
8law enforcement agency; (v) if the individual is incarcerated,
9the conditions of pretrial release amount of any bail or bond;
10and (vi) if the individual is incarcerated, the time and date
11that the individual was received into, discharged from, or
12transferred from the arresting agency's custody.
13    (b) Criminal history records. The following documents
14maintained by a public body pertaining to criminal history
15record information are public records subject to inspection and
16copying by the public pursuant to this Act: (i) court records
17that are public; (ii) records that are otherwise available
18under State or local law; and (iii) records in which the
19requesting party is the individual identified, except as
20provided under Section 7(1)(d)(vi).
21    (c) Information described in items (iii) through (vi) of
22subsection (a) may be withheld if it is determined that
23disclosure would: (i) interfere with pending or actually and
24reasonably contemplated law enforcement proceedings conducted
25by any law enforcement agency; (ii) endanger the life or
26physical safety of law enforcement or correctional personnel or

 

 

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1any other person; or (iii) compromise the security of any
2correctional facility.
3    (d) The provisions of this Section do not supersede the
4confidentiality provisions for law enforcement or arrest
5records of the Juvenile Court Act of 1987.
6    (e) Notwithstanding the requirements of subsection (a), a
7law enforcement agency may not publish booking photographs,
8commonly known as "mugshots", on its social networking website
9in connection with civil offenses, petty offenses, business
10offenses, Class C misdemeanors, and Class B misdemeanors unless
11the booking photograph is posted to the social networking
12website to assist in the search for a missing person or to
13assist in the search for a fugitive, person of interest, or
14individual wanted in relation to a crime other than a petty
15offense, business offense, Class C misdemeanor, or Class B
16misdemeanor. As used in this subsection, "social networking
17website" has the meaning provided in Section 10 of the Right to
18Privacy in the Workplace Act.
19(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
 
20    Section 10-115. The State Records Act is amended by
21changing Section 4a as follows:
 
22    (5 ILCS 160/4a)
23    Sec. 4a. Arrest records and reports.
24    (a) When an individual is arrested, the following

 

 

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

 

 

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1    or
2        (3) compromise the security of any correctional
3    facility.
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    (f) All information, including photographs, made available
21under this Section is subject to the provisions of Section 2QQQ
22of the Consumer Fraud and Deceptive Business Practices Act.
23    (g) Notwithstanding the requirements of subsection (a), a
24law enforcement agency may not publish booking photographs,
25commonly known as "mugshots", on its social networking website
26in connection with civil offenses, petty offenses, business

 

 

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1offenses, Class C misdemeanors, and Class B misdemeanors unless
2the booking photograph is posted to the social networking
3website to assist in the search for a missing person or to
4assist in the search for a fugitive, person of interest, or
5individual wanted in relation to a crime other than a petty
6offense, business offense, Class C misdemeanor, or Class B
7misdemeanor. As used in this subsection, "social networking
8website" has the meaning provided in Section 10 of the Right to
9Privacy in the Workplace Act.
10(Source: P.A. 101-433, eff. 8-20-19.)
 
11    Section 10-116. The Illinois Public Labor Relations Act is
12amended by changing Section 14 as follows:
 
13    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
14    Sec. 14. Security employee, peace officer and fire fighter
15disputes.
16    (a) In the case of collective bargaining agreements
17involving units of security employees of a public employer,
18Peace Officer Units, or units of fire fighters or paramedics,
19and in the case of disputes under Section 18, unless the
20parties mutually agree to some other time limit, mediation
21shall commence 30 days prior to the expiration date of such
22agreement or at such later time as the mediation services
23chosen under subsection (b) of Section 12 can be provided to
24the parties. In the case of negotiations for an initial

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(including manning and also including residency requirements
2in municipalities with a population under 1,000,000, but those
3residency requirements shall not allow residency outside of
4Illinois) and shall not include the following matters: i)
5residency requirements in municipalities with a population of
6at least 1,000,000; ii) the type of equipment (other than
7uniforms and fire fighter turnout gear) issued or used; iii)
8the total number of employees employed by the department; iv)
9mutual aid and assistance agreements to other units of
10government; and v) the criterion pursuant to which force,
11including deadly force, can be used; provided, however, nothing
12herein shall preclude an arbitration decision regarding
13equipment levels if such decision is based on a finding that
14the equipment considerations in a specific work assignment
15involve a serious risk to the safety of a fire fighter beyond
16that which is inherent in the normal performance of fire
17fighter duties. Limitation of the terms of the arbitration
18decision pursuant to this subsection shall not be construed to
19limit the facts upon which the decision may be based, as set
20forth in subsection (h).
21    The changes to this subsection (i) made by Public Act
2290-385 (relating to residency requirements) do not apply to
23persons who are employed by a combined department that performs
24both police and firefighting services; these persons shall be
25governed by the provisions of this subsection (i) relating to
26peace officers, as they existed before the amendment by Public

 

 

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1Act 90-385.
2    To preserve historical bargaining rights, this subsection
3shall not apply to any provision of a fire fighter collective
4bargaining agreement in effect and applicable on the effective
5date of this Act; provided, however, nothing herein shall
6preclude arbitration with respect to any such provision.
7    (j) Arbitration procedures shall be deemed to be initiated
8by the filing of a letter requesting mediation as required
9under subsection (a) of this Section. The commencement of a new
10municipal fiscal year after the initiation of arbitration
11procedures under this Act, but before the arbitration decision,
12or its enforcement, shall not be deemed to render a dispute
13moot, or to otherwise impair the jurisdiction or authority of
14the arbitration panel or its decision. Increases in rates of
15compensation awarded by the arbitration panel may be effective
16only at the start of the fiscal year next commencing after the
17date of the arbitration award. If a new fiscal year has
18commenced either since the initiation of arbitration
19procedures under this Act or since any mutually agreed
20extension of the statutorily required period of mediation under
21this Act by the parties to the labor dispute causing a delay in
22the initiation of arbitration, the foregoing limitations shall
23be inapplicable, and such awarded increases may be retroactive
24to the commencement of the fiscal year, any other statute or
25charter provisions to the contrary, notwithstanding. At any
26time the parties, by stipulation, may amend or modify an award

 

 

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

 

 

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

 

 

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1respect to the rejected terms. Any supplemental decision by an
2arbitration panel or other decision maker agreed to by the
3parties shall be submitted to the governing body for
4ratification and adoption in accordance with the procedures and
5voting requirements set forth in this Section. The voting
6requirements of this subsection shall apply to all disputes
7submitted to arbitration pursuant to this Section
8notwithstanding any contrary voting requirements contained in
9any existing collective bargaining agreement between the
10parties.
11    (o) If the governing body of the employer votes to reject
12the panel's decision, the parties shall return to the panel
13within 30 days from the issuance of the reasons for rejection
14for further proceedings and issuance of a supplemental
15decision. All reasonable costs of such supplemental proceeding
16including the exclusive representative's reasonable attorney's
17fees, as established by the Board, shall be paid by the
18employer.
19    (p) Notwithstanding the provisions of this Section the
20employer and exclusive representative may agree to submit
21unresolved disputes concerning wages, hours, terms and
22conditions of employment to an alternative form of impasse
23resolution.
24(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
 
25    Section 10-116.5. The Community-Law Enforcement

 

 

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1Partnership for Deflection and Substance Use Disorder
2Treatment Act is amended by changing Sections 1, 5, 10, 15, 20,
330, and 35 and by adding Section 21 as follows:
 
4    (5 ILCS 820/1)
5    Sec. 1. Short title. This Act may be cited as the
6Community-Law Enforcement and Other First Responder
7Partnership for Deflection and Substance Use Disorder
8Treatment Act.
9(Source: P.A. 100-1025, eff. 1-1-19.)
 
10    (5 ILCS 820/5)
11    Sec. 5. Purposes. The General Assembly hereby acknowledges
12that opioid use disorders, overdoses, and deaths in Illinois
13are persistent and growing concerns for Illinois communities.
14These concerns compound existing challenges to adequately
15address and manage substance use and mental health disorders.
16Law enforcement officers, other first responders, and
17co-responders have a unique opportunity to facilitate
18connections to community-based behavioral health interventions
19that provide substance use treatment and can help save and
20restore lives; help reduce drug use, overdose incidence,
21criminal offending, and recidivism; and help prevent arrest and
22conviction records that destabilize health, families, and
23opportunities for community citizenship and self-sufficiency.
24These efforts are bolstered when pursued in partnership with

 

 

10100HB3653sam002- 34 -LRB101 05541 RLC 74919 a

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

 

 

10100HB3653sam002- 35 -LRB101 05541 RLC 74919 a

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

 

 

10100HB3653sam002- 36 -LRB101 05541 RLC 74919 a

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

 

 

10100HB3653sam002- 37 -LRB101 05541 RLC 74919 a

1psychiatric, psychological and social services,
2medication-assisted treatment, care and counseling, and
3recovery support, which may be extended to persons to assess or
4treat substance use disorder or to families of those persons.
5    "Peace officer" means any peace officer or member of any
6duly organized State, county, or municipal peace officer unit,
7any police force of another State, or any police force whose
8members, by statute, are granted and authorized to exercise
9powers similar to those conferred upon any peace officer
10employed by a law enforcement agency of this State.
11    "Substance use disorder" means a pattern of use of alcohol
12or other drugs leading to clinical or functional impairment, in
13accordance with the definition in the Diagnostic and
14Statistical Manual of Mental Disorders (DSM-5), or in any
15subsequent editions.
16    "Treatment" means the broad range of emergency,
17outpatient, intensive outpatient, and residential services and
18care (including assessment, diagnosis, case management,
19medical, psychiatric, psychological and social services,
20medication-assisted treatment, care and counseling, and
21recovery support) which may be extended to persons who have
22substance use disorders, persons with mental illness, or
23families of those persons.
24(Source: P.A. 100-1025, eff. 1-1-19.)
 
25    (5 ILCS 820/15)

 

 

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1    Sec. 15. Authorization.
2    (a) Any law enforcement agency or other first responder
3entity may establish a deflection program subject to the
4provisions of this Act in partnership with one or more licensed
5providers of substance use disorder treatment services and one
6or more community members or organizations. Programs
7established by another first responder entity shall also
8include a law enforcement agency.
9    (b) The deflection program may involve a post-overdose
10deflection response, a self-referral deflection response, an
11active outreach deflection response, an officer or other first
12responder prevention deflection response, or an officer
13intervention deflection response, or any combination of those.
14    (c) Nothing shall preclude the General Assembly from adding
15other responses to a deflection program, or preclude a law
16enforcement agency or other first responder entity from
17developing a deflection program response based on a model
18unique and responsive to local issues, substance use or mental
19health needs, and partnerships, using sound and promising or
20evidence-based practices.
21    (c-5) Whenever appropriate and available, case management
22should be provided by a licensed treatment provider or other
23appropriate provider and may include peer recovery support
24approaches.
25    (d) To receive funding for activities as described in
26Section 35 of this Act, planning for the deflection program

 

 

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1shall include:
2        (1) the involvement of one or more licensed treatment
3    programs and one or more community members or
4    organizations; and
5        (2) an agreement with the Illinois Criminal Justice
6    Information Authority to collect and evaluate relevant
7    statistical data related to the program, as established by
8    the Illinois Criminal Justice Information Authority in
9    paragraph (2) of subsection (a) of Section 25 of this Act.
10        (3) an agreement with participating licensed treatment
11    providers authorizing the release of statistical data to
12    the Illinois Criminal Justice Information Authority, in
13    compliance with State and Federal law, as established by
14    the Illinois Criminal Justice Information Authority in
15    paragraph (2) of subsection (a) of Section 25 of this Act.
16(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
17    (5 ILCS 820/20)
18    Sec. 20. Procedure. The law enforcement agency or other
19first responder entity, licensed treatment providers, and
20community members or organizations shall establish a local
21deflection program plan that includes protocols and procedures
22for participant identification, screening or assessment,
23treatment facilitation, reporting, and ongoing involvement of
24the law enforcement agency. Licensed substance use disorder
25treatment organizations shall adhere to 42 CFR Part 2 regarding

 

 

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1confidentiality regulations for information exchange or
2release. Substance use disorder treatment services shall
3adhere to all regulations specified in Department of Human
4Services Administrative Rules, Parts 2060 and 2090.
5(Source: P.A. 100-1025, eff. 1-1-19.)
 
6    (5 ILCS 820/21 new)
7    Sec. 21. Training. The law enforcement agency or other
8first responder entity in programs that receive funding for
9services under Section 35 of this Act shall and that receive
10training under subsection (a.1) of Section 35 shall be trained
11in:
12        (a)Neuroscience of Addiction for Law Enforcement;
13        (b)Medication-Assisted Treatment;
14        (c)Criminogenic Risk-Need for Health and Safety;
15        (d)Why Drug Treatment Works?;
16        (e)Eliminating Stigma for People with Substance-Use
17    Disorders and Mental Health;
18        (f)Avoiding Racial Bias in Deflection Program;
19        (g)Promotion Racial and Gender Equity in Deflection;
20        (h)Working With Community Partnerships; and
21        (i)Deflection in Rural Communities.
 
22    (5 ILCS 820/30)
23    Sec. 30. Exemption from civil liability. The law
24enforcement agency or peace officer or other first responder

 

 

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

 

 

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

 

 

10100HB3653sam002- 43 -LRB101 05541 RLC 74919 a

1    other program partner location;
2        (5) program evaluation activities.
3        (6) naloxone and related supplies necessary for
4    carrying out overdose reversal for purposes of
5    distribution to program participants or for use by law
6    enforcement or other first responders; and
7        (7) treatment necessary to prevent gaps in service
8    delivery between linkage and coverage by other funding
9    sources when otherwise non-reimbursable.
10    (c) Specific linkage agreements with recovery support
11services or self-help entities may be a requirement of the
12program services protocols. All deflection programs shall
13encourage the involvement of key family members and significant
14others as a part of a family-based approach to treatment. All
15deflection programs are encouraged to use evidence-based
16practices and outcome measures in the provision of substance
17use disorder treatment and medication-assisted treatment for
18persons with opioid use disorders.
19(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
20    Section 10-116.7. The Attorney General Act is amended by
21adding Section 10 as follows:
 
22    (15 ILCS 205/10 new)
23    Sec. 10. Executive officers.
24    (a) As used in this Section:

 

 

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

 

 

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

 

 

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

 

 

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1pertaining to the exercise of the duties of the Attorney
2General including but not limited to enforcement of any law of
3this State and conducting public education programs; however,
4any moneys in the Fund that are required by the court or by an
5agreement to be used for a particular purpose shall be used for
6that purpose.
 
7    Section 10-120. The Department of State Police Law of the
8Civil Administrative Code of Illinois is amended by changing
9Section 2605-302 as follows:
 
10    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
11    Sec. 2605-302. Arrest reports.
12    (a) When an individual is arrested, the following
13information must be made available to the news media for
14inspection and copying:
15        (1) Information that identifies the individual,
16    including the name, age, address, and photograph, when and
17    if available.
18        (2) Information detailing any charges relating to the
19    arrest.
20        (3) The time and location of the arrest.
21        (4) The name of the investigating or arresting law
22    enforcement agency.
23        (5) If the individual is incarcerated, the conditions
24    of pretrial release amount of any bail or bond.

 

 

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

 

 

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1include the cost of the labor used to reproduce the arrest
2record.
3    (e) The provisions of this Section do not supersede the
4confidentiality provisions for arrest records of the Juvenile
5Court Act of 1987.
6(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
7incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
 
8    Section 10-125. The State Police Act is amended by changing
9Section 14 and by adding Section 17c as follows:
 
10    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
11    Sec. 14. Except as is otherwise provided in this Act, no
12Department of State Police officer shall be removed, demoted or
13suspended except for cause, upon written charges filed with the
14Board by the Director and a hearing before the Board thereon
15upon not less than 10 days' notice at a place to be designated
16by the chairman thereof. At such hearing, the accused shall be
17afforded full opportunity to be heard in his or her own defense
18and to produce proof in his or her defense. It shall not be a
19requirement of a person Anyone filing a complaint against a
20State Police Officer to must have a the complaint supported by
21a sworn affidavit or any other legal documentation. This ban on
22an affidavit requirement shall apply to any collective
23bargaining agreements entered after the effective date of this
24provision. Any such complaint, having been supported by a sworn

 

 

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1affidavit, and having been found, in total or in part, to
2contain false information, shall be presented to the
3appropriate State's Attorney for a determination of
4prosecution.
5    Before any such officer may be interrogated or examined by
6or before the Board, or by a departmental agent or investigator
7specifically assigned to conduct an internal investigation,
8the results of which hearing, interrogation or examination may
9be the basis for filing charges seeking his or her suspension
10for more than 15 days or his or her removal or discharge, he or
11she shall be advised in writing as to what specific improper or
12illegal act he or she is alleged to have committed; he or she
13shall be advised in writing that his or her admissions made in
14the course of the hearing, interrogation or examination may be
15used as the basis for charges seeking his or her suspension,
16removal or discharge; and he or she shall be advised in writing
17that he or she has a right to counsel of his or her choosing,
18who may be present to advise him or her at any hearing,
19interrogation or examination. A complete record of any hearing,
20interrogation or examination shall be made, and a complete
21transcript or electronic recording thereof shall be made
22available to such officer without charge and without delay.
23    The Board shall have the power to secure by its subpoena
24both the attendance and testimony of witnesses and the
25production of books and papers in support of the charges and
26for the defense. Each member of the Board or a designated

 

 

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1hearing officer shall have the power to administer oaths or
2affirmations. If the charges against an accused are established
3by a preponderance of evidence, the Board shall make a finding
4of guilty and order either removal, demotion, suspension for a
5period of not more than 180 days, or such other disciplinary
6punishment as may be prescribed by the rules and regulations of
7the Board which, in the opinion of the members thereof, the
8offense merits. Thereupon the Director shall direct such
9removal or other punishment as ordered by the Board and if the
10accused refuses to abide by any such disciplinary order, the
11Director shall remove him or her forthwith.
12    If the accused is found not guilty or has served a period
13of suspension greater than prescribed by the Board, the Board
14shall order that the officer receive compensation for the
15period involved. The award of compensation shall include
16interest at the rate of 7% per annum.
17    The Board may include in its order appropriate sanctions
18based upon the Board's rules and regulations. If the Board
19finds that a party has made allegations or denials without
20reasonable cause or has engaged in frivolous litigation for the
21purpose of delay or needless increase in the cost of
22litigation, it may order that party to pay the other party's
23reasonable expenses, including costs and reasonable attorney's
24fees. The State of Illinois and the Department shall be subject
25to these sanctions in the same manner as other parties.
26    In case of the neglect or refusal of any person to obey a

 

 

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1subpoena issued by the Board, any circuit court, upon
2application of any member of the Board, may order such person
3to appear before the Board and give testimony or produce
4evidence, and any failure to obey such order is punishable by
5the court as a contempt thereof.
6    The provisions of the Administrative Review Law, and all
7amendments and modifications thereof, and the rules adopted
8pursuant thereto, shall apply to and govern all proceedings for
9the judicial review of any order of the Board rendered pursuant
10to the provisions of this Section.
11    Notwithstanding the provisions of this Section, a policy
12making officer, as defined in the Employee Rights Violation
13Act, of the Department of State Police shall be discharged from
14the Department of State Police as provided in the Employee
15Rights Violation Act, enacted by the 85th General Assembly.
16(Source: P.A. 96-891, eff. 5-10-10.)
 
17    (20 ILCS 2610/17c new)
18    Sec. 17c. Military equipment surplus program.
19    (a) For purposes of this Section:
20    "Bayonet" means a large knife designed to be attached to
21the muzzle of a rifle, shotgun, or long gun for the purpose of
22hand-to-hand combat.
23    "Grenade launcher" means a firearm or firearm accessory
24designed to launch small explosive projectiles.
25    "Military equipment surplus program" means any federal or

 

 

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1State program allowing a law enforcement agency to obtain
2surplus military equipment including, but not limit to, any
3program organized under Section 1122 of the National Defense
4Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
5Section 1033 of the National Defense Authorization Act for
6Fiscal Year 1997 (Pub. L. 104-201), or any program established
7under 10 U.S.C. 2576a.
8    "Tracked armored vehicle" means a vehicle that provides
9ballistic protection to its occupants and utilizes a tracked
10system installed of wheels for forward motion.
11    "Weaponized aircraft, vessel, or vehicle" means any
12aircraft, vessel, or vehicle with weapons installed.
13    (b) The Illinois State Police shall not request or receive
14from any military equipment surplus program nor purchase or
15otherwise utilize the following equipment:
16        (1) tracked armored vehicles;
17        (2) weaponized aircraft, vessels, or vehicles;
18        (3) firearms of .50-caliber or higher;
19        (4) ammunition of .50-caliber or higher;
20        (5) grenade launchers; or
21        (6) bayonets.
22    (c) If the Illinois State Police request other property not
23prohibited by this Section from a military equipment surplus
24program, the Illinois State Police shall publish notice of the
25request on a publicly accessible website maintained by the
26Illinois State Police within 14 days after the request.
 

 

 

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1    Section 10-130. The Illinois Criminal Justice Information
2Act is amended by adding Sections 7.7 and 7.8 as follows:
 
3    (20 ILCS 3930/7.7 new)
4    Sec. 7.7. Pretrial data collection.
5    (a) The Administrative Director of the Administrative
6Officer of the Illinois Courts shall convene an oversight board
7to be known as the Pretrial Practices Data Oversight Board to
8oversee the collection and analysis of data regarding pretrial
9practices in circuit court systems. The Board shall include,
10but is not limited to, designees from the Administrative Office
11of the Illinois Courts, the Illinois Criminal Justice
12Information Authority, and other entities that possess
13knowledge of pretrial practices and data collection issues.
14Members of the Board shall serve without compensation.
15    (b) The Oversight Board shall:
16        (1) identify existing pretrial data collection
17    processes in local jurisdictions;
18        (2) define, gather and maintain records of pretrial
19    data relating to the topics listed in subsection (c) from
20    circuit clerks' offices, sheriff's departments, law
21    enforcement agencies, jails, pretrial departments,
22    probation department, State's Attorneys' offices, public
23    defenders' offices and other applicable criminal justice
24    system agencies;

 

 

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

 

 

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

 

 

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1    their pretrial detention;
2        (6) information on the pretrial rearrest of
3    individuals released pretrial, including the number
4    arrested and charged with a new misdemeanor offense while
5    released, the number arrested and charged with a new felony
6    offense while released, and the number arrested and charged
7    with a new forcible felony offense while released, and how
8    long after release these arrests occurred;
9        (7) information on the pretrial failure to appear rates
10    of individuals released pretrial, including the number who
11    missed one or more court dates, how many warrants for
12    failures to appear were issued, and how many individuals
13    were detained pretrial or placed on electronic monitoring
14    pretrial after a failure to appear in court;
15        (8) what, if any, validated pretrial risk assessment
16    tools are in use in each jurisdiction, and comparisons of
17    the pretrial release and pretrial detention decisions of
18    judges as compared to and the risk assessment scores of
19    individuals; and
20        (9) any other information the Pretrial Practices Data
21    Oversight Board considers important and probative of the
22    effectiveness of pretrial practices in the state of
23    Illinois. d) Circuit clerks' offices, sheriff's
24    departments, law enforcement agencies, jails, pretrial
25    departments, probation department, State's Attorneys'
26    offices, public defenders' offices and other applicable

 

 

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1    criminal justice system agencies are mandated to provide
2    data to the Administrative Office of the Illinois Courts as
3    described in subsection (c).
 
4    (20 ILCS 3930/7.8 new)
5    Sec. 7.8. Domestic Violence Pretrial Practices Working
6Group.
7    (a) The Executive Director of the Illinois Criminal Justice
8Information Authority shall convene a working group to research
9and issue a report on current practices in pretrial domestic
10violence courts throughout the state of Illinois.
11    (b) The working group shall include, but is not limited to,
12designees from the Administrative Office of the Illinois
13Courts, the Illinois Criminal Justice Information Authority,
14Domestic Violence victims' advocates, formerly incarcerated
15victims of violence, legal practitioners, and other entities
16that possess knowledge of evidence-based practices surrounding
17domestic violence and current pretrial practices in Illinois.
18    (c) The group shall meet quarterly and no later than 15
19months after the effective date of this amendatory Act of the
20101st General Assembly issue a preliminary report on the state
21of current practice across the state in regards to pretrial
22practices and domestic violence and no later than 15 months
23after the release of the preliminary report, issue a final
24report issuing recommendations for evidence-based improvements
25to court procedures.

 

 

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1    (d) Members of the working group shall serve without
2compensation.
 
3    Section 10-135. The Public Officer Prohibited Activities
4Act is amended by adding Section 4.1 as follows:
 
5    (50 ILCS 105/4.1 new)
6    Sec. 4.1. Retaliation against a whistleblower.
7    (a) It is prohibited for a unit of local government, any
8agent or representative of a unit of local government, or
9another employee to retaliate against an employee or contractor
10who:
11        (1) reports an improper governmental action under this
12    Section;
13        (2) cooperates with an investigation by an auditing
14    official related to a report of improper governmental
15    action; or
16        (3) testifies in a proceeding or prosecution arising
17    out of an improper governmental action.
18    (b) To invoke the protections of this Section, an employee
19shall make a written report of improper governmental action to
20the appropriate auditing official. An employee who believes he
21or she has been retaliated against in violation of this Section
22must submit a written report to the auditing official within 60
23days of gaining knowledge of the retaliatory action. If the
24auditing official is the individual doing the improper

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    Section 10-140. The Local Records Act is amended by
2changing Section 3b as follows:
 
3    (50 ILCS 205/3b)
4    Sec. 3b. 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(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
 
4    Section 10-141. The Local Records Act is amended by adding
5Section 25 as follows:
 
6    (50 ILCS 205/25 new)
7    Sec. 25. Police misconduct records. Notwithstanding any
8other provision of law to the contrary, all public records and
9nonpublic records related to complaints, investigations, and
10adjudications of police misconduct shall be permanently
11retained and may not be destroyed.
 
12    Section 10-143. The Illinois Police Training Act is amended
13by changing Sections 6, 6.2, 7, and 10.17 and by adding Section
1410.6 as follows:
 
15    (50 ILCS 705/6)  (from Ch. 85, par. 506)
16    Sec. 6. Powers and duties of the Board; selection and
17certification of schools. The Board shall select and certify
18schools within the State of Illinois for the purpose of
19providing basic training for probationary police officers,
20probationary county corrections officers, and court security
21officers and of providing advanced or in-service training for
22permanent police officers or permanent county corrections

 

 

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1officers, which schools may be either publicly or privately
2owned and operated. In addition, the Board has the following
3power and duties:
4        a. To require local governmental units to furnish such
5    reports and information as the Board deems necessary to
6    fully implement this Act.
7        b. To establish appropriate mandatory minimum
8    standards relating to the training of probationary local
9    law enforcement officers or probationary county
10    corrections officers, and in-service training of permanent
11    police officers.
12        c. To provide appropriate certification to those
13    probationary officers who successfully complete the
14    prescribed minimum standard basic training course.
15        d. To review and approve annual training curriculum for
16    county sheriffs.
17        e. To review and approve applicants to ensure that no
18    applicant is admitted to a certified academy unless the
19    applicant is a person of good character and has not been
20    convicted of, or entered a plea of guilty to, a felony
21    offense, any of the misdemeanors in Sections 11-1.50, 11-6,
22    11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2,
23    28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
24    Criminal Code of 1961 or the Criminal Code of 2012,
25    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
26    Criminal Code of 1961 or the Criminal Code of 2012, or

 

 

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1    subsection (a) of Section 17-32 of the Criminal Code of
2    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
3    the Cannabis Control Act, or a crime involving moral
4    turpitude under the laws of this State or any other state
5    which if committed in this State would be punishable as a
6    felony or a crime of moral turpitude. The Board may appoint
7    investigators who shall enforce the duties conferred upon
8    the Board by this Act.
9        f. To establish statewide standards for minimum
10    standards regarding regular mental health screenings for
11    probationary and permanent police officers, ensuring that
12    counseling sessions and screenings remain confidential.
13(Source: P.A. 101-187, eff. 1-1-20.)
 
14    (50 ILCS 705/6.2)
15    Sec. 6.2. Officer professional conduct database.
16    (a) All law enforcement agencies shall notify the Board of
17any final determination of willful violation of department or
18agency policy, official misconduct, or violation of law when:
19        (1) the officer is discharged or dismissed as a result
20    of the violation; or
21        (2) the officer resigns during the course of an
22    investigation and after the officer has been served notice
23    that he or she is under investigation that is based on the
24    commission of any a Class 2 or greater felony or sex
25    offense.

 

 

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1    The agency shall report to the Board within 30 days of a
2final decision of discharge or dismissal and final exhaustion
3of any appeal, or resignation, and shall provide information
4regarding the nature of the violation.
5    (b) Upon receiving notification from a law enforcement
6agency, the Board must notify the law enforcement officer of
7the report and his or her right to provide a statement
8regarding the reported violation.
9    (c) The Board shall maintain a database readily available
10to any chief administrative officer, or his or her designee, of
11a law enforcement agency or any State's Attorney that shall
12show each reported instance, including the name of the officer,
13the nature of the violation, reason for the final decision of
14discharge or dismissal, and any statement provided by the
15officer.
16(Source: P.A. 99-352, eff. 1-1-16.)
 
17    (50 ILCS 705/7)  (from Ch. 85, par. 507)
18    Sec. 7. Rules and standards for schools. The Board shall
19adopt rules and minimum standards for such schools which shall
20include, but not be limited to, the following:
21        a. The curriculum for probationary police officers
22    which shall be offered by all certified schools shall
23    include, but not be limited to, courses of procedural
24    justice, arrest and use and control tactics, search and
25    seizure, including temporary questioning, civil rights,

 

 

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1    human rights, human relations, cultural competency,
2    including implicit bias and racial and ethnic sensitivity,
3    criminal law, law of criminal procedure, constitutional
4    and proper use of law enforcement authority, crisis
5    intervention training, vehicle and traffic law including
6    uniform and non-discriminatory enforcement of the Illinois
7    Vehicle Code, traffic control and accident investigation,
8    techniques of obtaining physical evidence, court
9    testimonies, statements, reports, firearms training,
10    training in the use of electronic control devices,
11    including the psychological and physiological effects of
12    the use of those devices on humans, first-aid (including
13    cardiopulmonary resuscitation), training in the
14    administration of opioid antagonists as defined in
15    paragraph (1) of subsection (e) of Section 5-23 of the
16    Substance Use Disorder Act, handling of juvenile
17    offenders, recognition of mental conditions and crises,
18    including, but not limited to, the disease of addiction,
19    which require immediate assistance and response and
20    methods to safeguard and provide assistance to a person in
21    need of mental treatment, recognition of abuse, neglect,
22    financial exploitation, and self-neglect of adults with
23    disabilities and older adults, as defined in Section 2 of
24    the Adult Protective Services Act, crimes against the
25    elderly, law of evidence, the hazards of high-speed police
26    vehicle chases with an emphasis on alternatives to the

 

 

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1    high-speed chase, and physical training. The curriculum
2    shall include specific training in techniques for
3    immediate response to and investigation of cases of
4    domestic violence and of sexual assault of adults and
5    children, including cultural perceptions and common myths
6    of sexual assault and sexual abuse as well as interview
7    techniques that are age sensitive and are trauma informed,
8    victim centered, and victim sensitive. The curriculum
9    shall include training in techniques designed to promote
10    effective communication at the initial contact with crime
11    victims and ways to comprehensively explain to victims and
12    witnesses their rights under the Rights of Crime Victims
13    and Witnesses Act and the Crime Victims Compensation Act.
14    The curriculum shall also include training in effective
15    recognition of and responses to stress, trauma, and
16    post-traumatic stress experienced by police officers that
17    is consistent with Section 25 of the Illinois Mental Health
18    First Aid Training Act in a peer setting, including
19    recognizing signs and symptoms of work-related cumulative
20    stress, issues that may lead to suicide, and solutions for
21    intervention with peer support resources. The curriculum
22    shall include a block of instruction addressing the
23    mandatory reporting requirements under the Abused and
24    Neglected Child Reporting Act. The curriculum shall also
25    include a block of instruction aimed at identifying and
26    interacting with persons with autism and other

 

 

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1    developmental or physical disabilities, reducing barriers
2    to reporting crimes against persons with autism, and
3    addressing the unique challenges presented by cases
4    involving victims or witnesses with autism and other
5    developmental disabilities. The curriculum shall include
6    training in the detection and investigation of all forms of
7    human trafficking. The curriculum shall also include
8    instruction in trauma-informed responses designed to
9    ensure the physical safety and well-being of a child of an
10    arrested parent or immediate family member; this
11    instruction must include, but is not limited to: (1)
12    understanding the trauma experienced by the child while
13    maintaining the integrity of the arrest and safety of
14    officers, suspects, and other involved individuals; (2)
15    de-escalation tactics that would include the use of force
16    when reasonably necessary; and (3) inquiring whether a
17    child will require supervision and care. The curriculum for
18    probationary police officers shall include: (1) at least 12
19    hours of hands-on, scenario-based role-playing; (2) at
20    least 6 hours of instruction on use of force techniques,
21    including the use of de-escalation techniques to prevent or
22    reduce the need for force whenever safe and feasible; (3)
23    specific training on officer safety techniques, including
24    cover, concealment, and time; and (4) at least 6 hours of
25    training focused on high-risk traffic stops. The
26    curriculum for permanent police officers shall include,

 

 

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1    but not be limited to: (1) refresher and in-service
2    training in any of the courses listed above in this
3    subparagraph, (2) advanced courses in any of the subjects
4    listed above in this subparagraph, (3) training for
5    supervisory personnel, and (4) specialized training in
6    subjects and fields to be selected by the board. The
7    training in the use of electronic control devices shall be
8    conducted for probationary police officers, including
9    University police officers.
10        b. Minimum courses of study, attendance requirements
11    and equipment requirements.
12        c. Minimum requirements for instructors.
13        d. Minimum basic training requirements, which a
14    probationary police officer must satisfactorily complete
15    before being eligible for permanent employment as a local
16    law enforcement officer for a participating local
17    governmental agency. Those requirements shall include
18    training in first aid (including cardiopulmonary
19    resuscitation).
20        e. Minimum basic training requirements, which a
21    probationary county corrections officer must
22    satisfactorily complete before being eligible for
23    permanent employment as a county corrections officer for a
24    participating local governmental agency.
25        f. Minimum basic training requirements which a
26    probationary court security officer must satisfactorily

 

 

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1    complete before being eligible for permanent employment as
2    a court security officer for a participating local
3    governmental agency. The Board shall establish those
4    training requirements which it considers appropriate for
5    court security officers and shall certify schools to
6    conduct that training.
7        A person hired to serve as a court security officer
8    must obtain from the Board a certificate (i) attesting to
9    his or her successful completion of the training course;
10    (ii) attesting to his or her satisfactory completion of a
11    training program of similar content and number of hours
12    that has been found acceptable by the Board under the
13    provisions of this Act; or (iii) attesting to the Board's
14    determination that the training course is unnecessary
15    because of the person's extensive prior law enforcement
16    experience.
17        Individuals who currently serve as court security
18    officers shall be deemed qualified to continue to serve in
19    that capacity so long as they are certified as provided by
20    this Act within 24 months of June 1, 1997 (the effective
21    date of Public Act 89-685). Failure to be so certified,
22    absent a waiver from the Board, shall cause the officer to
23    forfeit his or her position.
24        All individuals hired as court security officers on or
25    after June 1, 1997 (the effective date of Public Act
26    89-685) shall be certified within 12 months of the date of

 

 

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1    their hire, unless a waiver has been obtained by the Board,
2    or they shall forfeit their positions.
3        The Sheriff's Merit Commission, if one exists, or the
4    Sheriff's Office if there is no Sheriff's Merit Commission,
5    shall maintain a list of all individuals who have filed
6    applications to become court security officers and who meet
7    the eligibility requirements established under this Act.
8    Either the Sheriff's Merit Commission, or the Sheriff's
9    Office if no Sheriff's Merit Commission exists, shall
10    establish a schedule of reasonable intervals for
11    verification of the applicants' qualifications under this
12    Act and as established by the Board.
13        g. Minimum in-service training requirements, which a
14    police officer must satisfactorily complete every 3 years.
15    Those requirements shall include constitutional and proper
16    use of law enforcement authority, procedural justice,
17    civil rights, human rights, mental health awareness and
18    response, officer wellness, reporting child abuse and
19    neglect, and cultural competency, including implicit bias
20    and racial and ethnic sensitivity.
21        h. Minimum in-service training requirements, which a
22    police officer must satisfactorily complete at least
23    annually. Those requirements shall include law updates,
24    emergency medical response training and certification,
25    crisis intervention training, and officer wellness and
26    mental health and use of force training which shall include

 

 

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1    scenario based training, or similar training approved by
2    the Board.
3        i. Minimum in-service training requirements as set
4    forth in Section 10.6.
5(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
6100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
71-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
8eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
9101-564, eff. 1-1-20; revised 9-10-19.)
 
10    (50 ILCS 705/10.6 new)
11    Sec. 10.6. Mandatory training to be completed every 3
12years. The Board shall adopt rules and minimum standards for
13in-service training requirements as set forth in this Section.
14The training shall provide officers with knowledge of policies
15and laws regulating the use of force; equip officers with
16tactics and skills, including de-escalation techniques, to
17prevent or reduce the need to use force or, when force must be
18used, to use force that is objectively reasonable, necessary,
19and proportional under the totality of the circumstances; and
20ensure appropriate supervision and accountability. The
21training shall consist of at least 30 hours of training every 3
22years and shall include:
23    (1) At least 12 hours of hands-on, scenario-based
24role-playing.
25    (2) At least 6 hours of instruction on use of force

 

 

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1techniques, including the use of de-escalation techniques to
2prevent or reduce the need for force whenever safe and
3feasible.
4    (3) Specific training on the law concerning stops,
5searches, and the use of force under the Fourth Amendment to
6the United States Constitution.
7    (4) Specific training on officer safety techniques,
8including cover, concealment, and time.
9    (5) At least 6 hours of training focused on high-risk
10traffic stops.
 
11    (50 ILCS 705/10.17)
12    Sec. 10.17. Crisis intervention team training; mental
13health awareness training.
14    (a) The Illinois Law Enforcement Training Standards Board
15shall develop and approve a standard curriculum for certified
16training programs in crisis intervention of at least 40 hours
17addressing specialized policing responses to people with
18mental illnesses. The Board shall conduct Crisis Intervention
19Team (CIT) training programs that train officers to identify
20signs and symptoms of mental illness, to de-escalate situations
21involving individuals who appear to have a mental illness, and
22connect that person in crisis to treatment. Crisis Intervention
23Team (CIT) training programs shall be a collaboration between
24law enforcement professionals, mental health providers,
25families, and consumer advocates and must minimally include the

 

 

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1following components: (1) basic information about mental
2illnesses and how to recognize them; (2) information about
3mental health laws and resources; (3) learning from family
4members of individuals with mental illness and their
5experiences; and (4) verbal de-escalation training and
6role-plays. Officers who have successfully completed this
7program shall be issued a certificate attesting to their
8attendance of a Crisis Intervention Team (CIT) training
9program.
10    (b) The Board shall create an introductory course
11incorporating adult learning models that provides law
12enforcement officers with an awareness of mental health issues
13including a history of the mental health system, types of
14mental health illness including signs and symptoms of mental
15illness and common treatments and medications, and the
16potential interactions law enforcement officers may have on a
17regular basis with these individuals, their families, and
18service providers including de-escalating a potential crisis
19situation. This course, in addition to other traditional
20learning settings, may be made available in an electronic
21format.
22(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
23100-247, eff. 1-1-18.)
 
24    Section 10-145. The Law Enforcement Officer-Worn Body
25Camera Act is amended by changing Sections 10-15, 10-20, and

 

 

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110-25 as follows:
 
2    (50 ILCS 706/10-15)
3    Sec. 10-15. Applicability.
4    (a) All Any law enforcement agencies must employ the use of
5agency which employs the use of officer-worn body cameras in
6accordance with is subject to the provisions of this Act,
7whether or not the agency receives or has received monies from
8the Law Enforcement Camera Grant Fund.
9    (b) All law enforcement agencies must implement the use of
10body cameras for all law enforcement officers, according to the
11following schedule:
12        (1) for municipalities and counties with populations
13    of 500,000 or more, body cameras shall be implemented by
14    January 1, 2022;
15        (2) for municipalities and counties with populations
16    of 100,000 or more but under 500,000, body cameras shall be
17    implemented by January 1, 2023;
18        (3) for municipalities and counties with populations
19    of 50,000 or more but under 100,000, body cameras shall be
20    implemented by January 1, 2024;
21        (4) for municipalities and counties under 50,000, body
22    cameras shall be implemented by January 1, 2025; and
23        (5) for the Department of State Police, body cameras
24    shall be implemented by January 1, 2025.
25    (c) A law enforcement agency's compliance with the

 

 

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1requirements under this Section shall receive preference by the
2Illinois Law Enforcement Training Standards Board in awarding
3grant funding under the Law Enforcement Camera Grant Act.
4(Source: P.A. 99-352, eff. 1-1-16.)
 
5    (50 ILCS 706/10-20)
6    Sec. 10-20. Requirements.
7    (a) The Board shall develop basic guidelines for the use of
8officer-worn body cameras by law enforcement agencies. The
9guidelines developed by the Board shall be the basis for the
10written policy which must be adopted by each law enforcement
11agency which employs the use of officer-worn body cameras. The
12written policy adopted by the law enforcement agency must
13include, at a minimum, all of the following:
14        (1) Cameras must be equipped with pre-event recording,
15    capable of recording at least the 30 seconds prior to
16    camera activation, unless the officer-worn body camera was
17    purchased and acquired by the law enforcement agency prior
18    to July 1, 2015.
19        (2) Cameras must be capable of recording for a period
20    of 10 hours or more, unless the officer-worn body camera
21    was purchased and acquired by the law enforcement agency
22    prior to July 1, 2015.
23        (3) Cameras must be turned on at all times when the
24    officer is in uniform and is responding to calls for
25    service or engaged in any law enforcement-related

 

 

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1    encounter or activity, that occurs while the officer is on
2    duty.
3            (A) If exigent circumstances exist which prevent
4        the camera from being turned on, the camera must be
5        turned on as soon as practicable.
6            (B) Officer-worn body cameras may be turned off
7        when the officer is inside of a patrol car which is
8        equipped with a functioning in-car camera; however,
9        the officer must turn on the camera upon exiting the
10        patrol vehicle for law enforcement-related encounters.
11            (C) Officer-worn body cameras may be turned off
12        when the officer is inside a correctional facility
13        which is equipped with a functioning camera system.
14        (4) Cameras must be turned off when:
15            (A) the victim of a crime requests that the camera
16        be turned off, and unless impractical or impossible,
17        that request is made on the recording;
18            (B) a witness of a crime or a community member who
19        wishes to report a crime requests that the camera be
20        turned off, and unless impractical or impossible that
21        request is made on the recording; or
22            (C) the officer is interacting with a confidential
23        informant used by the law enforcement agency.
24        However, an officer may continue to record or resume
25    recording a victim or a witness, if exigent circumstances
26    exist, or if the officer has reasonable articulable

 

 

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1    suspicion that a victim or witness, or confidential
2    informant has committed or is in the process of committing
3    a crime. Under these circumstances, and unless impractical
4    or impossible, the officer must indicate on the recording
5    the reason for continuing to record despite the request of
6    the victim or witness.
7        (4.5) Cameras may be turned off when the officer is
8    engaged in community caretaking functions. However, the
9    camera must be turned on when the officer has reason to
10    believe that the person on whose behalf the officer is
11    performing a community caretaking function has committed
12    or is in the process of committing a crime. If exigent
13    circumstances exist which prevent the camera from being
14    turned on, the camera must be turned on as soon as
15    practicable.
16        (5) The officer must provide notice of recording to any
17    person if the person has a reasonable expectation of
18    privacy and proof of notice must be evident in the
19    recording. If exigent circumstances exist which prevent
20    the officer from providing notice, notice must be provided
21    as soon as practicable.
22        (6) (A) For the purposes of redaction, labeling, or
23    duplicating recordings, access to camera recordings shall
24    be restricted to only those personnel responsible for those
25    purposes. The recording officer and his or her supervisor
26    of the recording officer may access and review recordings

 

 

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1    prior to completing incident reports or other
2    documentation, provided that the officer or his or her
3    supervisor discloses that fact in the report or
4    documentation.
5            (B) The recording officer's assigned field
6        training officer may access and review recordings for
7        training purposes. Any detective or investigator
8        directly involved in the investigation of a matter may
9        access and review recordings which pertain to that
10        investigation but may not have access to delete or
11        alter such recordings.
12        (7) Recordings made on officer-worn cameras must be
13    retained by the law enforcement agency or by the camera
14    vendor used by the agency, on a recording medium for a
15    period of 90 days.
16            (A) Under no circumstances shall any recording
17        made with an officer-worn body camera be altered,
18        erased, or destroyed prior to the expiration of the
19        90-day storage period.
20            (B) Following the 90-day storage period, any and
21        all recordings made with an officer-worn body camera
22        must be destroyed, unless any encounter captured on the
23        recording has been flagged. An encounter is deemed to
24        be flagged when:
25                (i) a formal or informal complaint has been
26            filed;

 

 

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1                (ii) the officer discharged his or her firearm
2            or used force during the encounter;
3                (iii) death or great bodily harm occurred to
4            any person in the recording;
5                (iv) the encounter resulted in a detention or
6            an arrest, excluding traffic stops which resulted
7            in only a minor traffic offense or business
8            offense;
9                (v) the officer is the subject of an internal
10            investigation or otherwise being investigated for
11            possible misconduct;
12                (vi) the supervisor of the officer,
13            prosecutor, defendant, or court determines that
14            the encounter has evidentiary value in a criminal
15            prosecution; or
16                (vii) the recording officer requests that the
17            video be flagged for official purposes related to
18            his or her official duties.
19            (C) Under no circumstances shall any recording
20        made with an officer-worn body camera relating to a
21        flagged encounter be altered or destroyed prior to 2
22        years after the recording was flagged. If the flagged
23        recording was used in a criminal, civil, or
24        administrative proceeding, the recording shall not be
25        destroyed except upon a final disposition and order
26        from the court.

 

 

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1        (8) Following the 90-day storage period, recordings
2    may be retained if a supervisor at the law enforcement
3    agency designates the recording for training purposes. If
4    the recording is designated for training purposes, the
5    recordings may be viewed by officers, in the presence of a
6    supervisor or training instructor, for the purposes of
7    instruction, training, or ensuring compliance with agency
8    policies.
9        (9) Recordings shall not be used to discipline law
10    enforcement officers unless:
11            (A) a formal or informal complaint of misconduct
12        has been made;
13            (B) a use of force incident has occurred;
14            (C) the encounter on the recording could result in
15        a formal investigation under the Uniform Peace
16        Officers' Disciplinary Act; or
17            (D) as corroboration of other evidence of
18        misconduct.
19        Nothing in this paragraph (9) shall be construed to
20    limit or prohibit a law enforcement officer from being
21    subject to an action that does not amount to discipline.
22        (10) The law enforcement agency shall ensure proper
23    care and maintenance of officer-worn body cameras. Upon
24    becoming aware, officers must as soon as practical document
25    and notify the appropriate supervisor of any technical
26    difficulties, failures, or problems with the officer-worn

 

 

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1    body camera or associated equipment. Upon receiving
2    notice, the appropriate supervisor shall make every
3    reasonable effort to correct and repair any of the
4    officer-worn body camera equipment.
5        (11) No officer may hinder or prohibit any person, not
6    a law enforcement officer, from recording a law enforcement
7    officer in the performance of his or her duties in a public
8    place or when the officer has no reasonable expectation of
9    privacy. The law enforcement agency's written policy shall
10    indicate the potential criminal penalties, as well as any
11    departmental discipline, which may result from unlawful
12    confiscation or destruction of the recording medium of a
13    person who is not a law enforcement officer. However, an
14    officer may take reasonable action to maintain safety and
15    control, secure crime scenes and accident sites, protect
16    the integrity and confidentiality of investigations, and
17    protect the public safety and order.
18    (b) Recordings made with the use of an officer-worn body
19camera are not subject to disclosure under the Freedom of
20Information Act, except that:
21        (1) if the subject of the encounter has a reasonable
22    expectation of privacy, at the time of the recording, any
23    recording which is flagged, due to the filing of a
24    complaint, discharge of a firearm, use of force, arrest or
25    detention, or resulting death or bodily harm, shall be
26    disclosed in accordance with the Freedom of Information Act

 

 

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1    if:
2            (A) the subject of the encounter captured on the
3        recording is a victim or witness; and
4            (B) the law enforcement agency obtains written
5        permission of the subject or the subject's legal
6        representative;
7        (2) except as provided in paragraph (1) of this
8    subsection (b), any recording which is flagged due to the
9    filing of a complaint, discharge of a firearm, use of
10    force, arrest or detention, or resulting death or bodily
11    harm shall be disclosed in accordance with the Freedom of
12    Information Act; and
13        (3) upon request, the law enforcement agency shall
14    disclose, in accordance with the Freedom of Information
15    Act, the recording to the subject of the encounter captured
16    on the recording or to the subject's attorney, or the
17    officer or his or her legal representative.
18    For the purposes of paragraph (1) of this subsection (b),
19the subject of the encounter does not have a reasonable
20expectation of privacy if the subject was arrested as a result
21of the encounter. For purposes of subparagraph (A) of paragraph
22(1) of this subsection (b), "witness" does not include a person
23who is a victim or who was arrested as a result of the
24encounter.
25    Only recordings or portions of recordings responsive to the
26request shall be available for inspection or reproduction. Any

 

 

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1recording disclosed under the Freedom of Information Act shall
2be redacted to remove identification of any person that appears
3on the recording and is not the officer, a subject of the
4encounter, or directly involved in the encounter. Nothing in
5this subsection (b) shall require the disclosure of any
6recording or portion of any recording which would be exempt
7from disclosure under the Freedom of Information Act.
8    (c) Nothing in this Section shall limit access to a camera
9recording for the purposes of complying with Supreme Court
10rules or the rules of evidence.
11(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
12    (50 ILCS 706/10-25)
13    Sec. 10-25. Reporting.
14    (a) Each law enforcement agency which employs the use of
15officer-worn body cameras must provide an annual report on the
16use of officer-worn body cameras to the Board, on or before May
171 of the year. The report shall include:
18        (1) a brief overview of the makeup of the agency,
19    including the number of officers utilizing officer-worn
20    body cameras;
21        (2) the number of officer-worn body cameras utilized by
22    the law enforcement agency;
23        (3) any technical issues with the equipment and how
24    those issues were remedied;
25        (4) a brief description of the review process used by

 

 

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1    supervisors within the law enforcement agency;
2        (5) for each recording used in prosecutions of
3    conservation, criminal, or traffic offenses or municipal
4    ordinance violations:
5            (A) the time, date, location, and precinct of the
6        incident;
7            (B) the offense charged and the date charges were
8        filed; and
9        (6) any other information relevant to the
10    administration of the program.
11    (b) On or before July 30 of each year, the Board must
12analyze the law enforcement agency reports and provide an
13annual report to the General Assembly and the Governor.
14(Source: P.A. 99-352, eff. 1-1-16.)
 
15    Section 10-147. The Uniform Crime Reporting Act is amended
16by changing Sections 5-10, 5-12, and 5-20 and by adding Section
175-11 as follows:
 
18    (50 ILCS 709/5-10)
19    Sec. 5-10. Central repository of crime statistics. The
20Department of State Police shall be a central repository and
21custodian of crime statistics for the State and shall have all
22the power necessary to carry out the purposes of this Act,
23including the power to demand and receive cooperation in the
24submission of crime statistics from all law enforcement

 

 

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1agencies. All data and information provided to the Department
2under this Act must be provided in a manner and form prescribed
3by the Department. On an annual basis, the Department shall
4make available compilations of crime statistics and monthly
5reporting required to be reported by each law enforcement
6agency.
7(Source: P.A. 99-352, eff. 1-1-16.)
 
8    (50 ILCS 709/5-11 new)
9    Sec. 5-11. FBI National Use of Force Database.The
10Department shall participate in and regularly submit use of
11force information to the Federal Bureau of Investigation (FBI)
12National Use of Force Database. Within 90 days of the effective
13date of this amendatory act, the Department shall promulgate
14rules outlining the use of force information required for
15submission to the Database, which shall be submitted monthly by
16law enforcement agencies under Section 5-12.
 
17    (50 ILCS 709/5-12)
18    Sec. 5-12. Monthly reporting. All law enforcement agencies
19shall submit to the Department of State Police on a monthly
20basis the following:
21        (1) beginning January 1, 2016, a report on any
22    arrest-related death that shall include information
23    regarding the deceased, the officer, any weapon used by the
24    officer or the deceased, and the circumstances of the

 

 

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1    incident. The Department shall submit on a quarterly basis
2    all information collected under this paragraph (1) to the
3    Illinois Criminal Justice Information Authority,
4    contingent upon updated federal guidelines regarding the
5    Uniform Crime Reporting Program;
6        (2) beginning January 1, 2017, a report on any instance
7    when a law enforcement officer discharges his or her
8    firearm causing a non-fatal injury to a person, during the
9    performance of his or her official duties or in the line of
10    duty;
11        (3) a report of incident-based information on hate
12    crimes including information describing the offense,
13    location of the offense, type of victim, offender, and bias
14    motivation. If no hate crime incidents occurred during a
15    reporting month, the law enforcement agency must submit a
16    no incident record, as required by the Department;
17        (4) a report on any incident of an alleged commission
18    of a domestic crime, that shall include information
19    regarding the victim, offender, date and time of the
20    incident, any injury inflicted, any weapons involved in the
21    commission of the offense, and the relationship between the
22    victim and the offender;
23        (5) data on an index of offenses selected by the
24    Department based on the seriousness of the offense,
25    frequency of occurrence of the offense, and likelihood of
26    being reported to law enforcement. The data shall include

 

 

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1    the number of index crime offenses committed and number of
2    associated arrests; and
3        (6) data on offenses and incidents reported by schools
4    to local law enforcement. The data shall include offenses
5    defined as an attack against school personnel,
6    intimidation offenses, drug incidents, and incidents
7    involving weapons; .
8        (7) beginning on July 1, 2021, a report on any incident
9    where a law enforcement officer was dispatched to deal with
10    a person experiencing a mental health crisis or incident.
11    The report shall include the number of incidents, the level
12    of law enforcement response and the outcome of each
13    incident;
14        (8) beginning on July 1, 2021, a report on use of
15    force, including any action that resulted in the death or
16    serious bodily injury of a person or the discharge of a
17    firearm at or in the direction of a person. The report
18    shall include information required by the Department,
19    pursuant to Section 5-11 of this Act.
20(Source: P.A. 99-352, eff. 1-1-16.)
 
21    (50 ILCS 709/5-20)
22    Sec. 5-20. Reporting compliance. The Department of State
23Police shall annually report to the Illinois Law Enforcement
24Training Standards Board and the Department of Revenue any law
25enforcement agency not in compliance with the reporting

 

 

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1requirements under this Act. A law enforcement agency's
2compliance with the reporting requirements under this Act shall
3be a factor considered by the Illinois Law Enforcement Training
4Standards Board in awarding grant funding under the Law
5Enforcement Camera Grant Act, with preference to law
6enforcement agencies which are in compliance with reporting
7requirements under this Act.
8(Source: P.A. 99-352, eff. 1-1-16.)
 
9    Section 10-150. The Uniform Peace Officers' Disciplinary
10Act is amended by changing Sections 3.2, 3.4, and 3.8 as
11follows:
 
12    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
13    Sec. 3.2. No officer shall be subjected to interrogation
14without first being informed in writing of the nature of the
15investigation. If an administrative proceeding is instituted,
16the officer shall be informed beforehand of the names of all
17complainants. The information shall be sufficient as to
18reasonably apprise the officer of the nature of the
19investigation.
20(Source: P.A. 83-981.)
 
21    (50 ILCS 725/3.4)  (from Ch. 85, par. 2557)
22    Sec. 3.4. The officer under investigation shall be informed
23in writing of the name, rank and unit or command of the officer

 

 

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1in charge of the investigation, the interrogators, and all
2persons who will be present on the behalf of the employer
3during any interrogation except at a public administrative
4proceeding. The officer under investigation shall inform the
5employer of any person who will be present on his or her behalf
6during any interrogation except at a public administrative
7hearing.
8(Source: P.A. 94-344, eff. 1-1-06.)
 
9    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
10    Sec. 3.8. Admissions; counsel; verified complaint.
11    (a) No officer shall be interrogated without first being
12advised in writing that admissions made in the course of the
13interrogation may be used as evidence of misconduct or as the
14basis for charges seeking suspension, removal, or discharge;
15and without first being advised in writing that he or she has
16the right to counsel of his or her choosing who may be present
17to advise him or her at any stage of any interrogation.
18    (b) It shall not be a requirement for a person Anyone
19filing a complaint against a sworn peace officer to must have
20the complaint supported by a sworn affidavit or any other legal
21documentation. This ban on an affidavit requirement shall apply
22to any collective bargaining agreements entered after the
23effective date of this provision. Any complaint, having been
24supported by a sworn affidavit, and having been found, in total
25or in part, to contain knowingly false material information,

 

 

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1shall be presented to the appropriate State's Attorney for a
2determination of prosecution.
3(Source: P.A. 97-472, eff. 8-22-11.)
 
4    (50 ILCS 725/6 rep.)
5    Section 10-151. The Uniform Peace Officers' Disciplinary
6Act is amended by repealing Section 6.
 
7    Section 10-155. The Police and Community Relations
8Improvement Act is amended by adding Section 1-35 as follows:
 
9    (50 ILCS 727/1-35 new)
10    Sec. 1-35. Anonymous complaint policy.
11    (a)Any person may file notice of an anonymous complaint to
12the Illinois Law Enforcement Training Standards Board of any
13conduct the person believes a law enforcement officer has
14committed as described in subsection (b) of Section 6.3 of the
15Illinois Police Training Act. Notwithstanding any other
16provision in state law or any collective bargaining agreement,
17the Board shall accept notice and investigate any allegations
18from individuals who remain anonymous.
19    (b)The Board shall complete a preliminary review of the
20allegations to determine whether further investigation is
21warranted. During the preliminary review, the Board will take
22all reasonable steps to discover any and all objective
23verifiable evidence relevant to the alleged violation through

 

 

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1the identification, retention, review, and analysis of all
2available evidence, including, but not limited to: all
3time-sensitive evidence, audio and video evidence, physical
4evidence, arrest reports, photographic evidence, GPS records,
5computer data, lab reports, medical documents, and witness
6interviews. All reasonable steps will be taken to preserve
7relevant evidence identified during the preliminary
8investigation.
9    (c)If the Board determines that for an anonymous notice
10there is objective verifiable evidence to support the
11allegation or allegations, the Board shall complete a sworn
12affidavit override to comply with subsection (b) of Section 3.8
13of the Uniform Peace Officers' Disciplinary Act. The sworn
14affidavit override shall be specified on a form to be
15determined by the Board, including what evidence has been
16reviewed and, in reliance upon that evidence, it shall be
17affirmed that it is necessary and appropriate for the
18investigation to continue. It shall forward that form and the
19alleged violation in accordance with subsection (f) of Section
206.3 of the Illinois Police Training Act.
 
21    Section 10-160. The Counties Code is amended by changing
22Sections 4-5001, 4-12001, and 4-12001.1 as follows:
 
23    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
24    Sec. 4-5001. Sheriffs; counties of first and second class.

 

 

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1The fees of sheriffs in counties of the first and second class,
2except when increased by county ordinance under this Section,
3shall be as follows:
4    For serving or attempting to serve summons on each
5defendant in each county, $10.
6    For serving or attempting to serve an order or judgment
7granting injunctive relief in each county, $10.
8    For serving or attempting to serve each garnishee in each
9county, $10.
10    For serving or attempting to serve an order for replevin in
11each county, $10.
12    For serving or attempting to serve an order for attachment
13on each defendant in each county, $10.
14    For serving or attempting to serve a warrant of arrest, $8,
15to be paid upon conviction.
16    For returning a defendant from outside the State of
17Illinois, upon conviction, the court shall assess, as court
18costs, the cost of returning a defendant to the jurisdiction.
19    For taking special bail, $1 in each county.
20    For serving or attempting to serve a subpoena on each
21witness, in each county, $10.
22    For advertising property for sale, $5.
23    For returning each process, in each county, $5.
24    Mileage for each mile of necessary travel to serve any such
25process as Stated above, calculating from the place of holding
26court to the place of residence of the defendant, or witness,

 

 

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150 each way.
2    For summoning each juror, $3 with 30 mileage each way in
3all counties.
4    For serving or attempting to serve notice of judgments or
5levying to enforce a judgment, $3 with 50 mileage each way in
6all counties.
7    For taking possession of and removing property levied on,
8the officer shall be allowed to tax the actual cost of such
9possession or removal.
10    For feeding each prisoner, such compensation to cover the
11actual cost as may be fixed by the county board, but such
12compensation shall not be considered a part of the fees of the
13office.
14    For attending before a court with prisoner, on an order for
15habeas corpus, in each county, $10 per day.
16    For attending before a court with a prisoner in any
17criminal proceeding, in each county, $10 per day.
18    For each mile of necessary travel in taking such prisoner
19before the court as stated above, 15 a mile each way.
20    For serving or attempting to serve an order or judgment for
21the possession of real estate in an action of ejectment or in
22any other action, or for restitution in an eviction action
23without aid, $10 and when aid is necessary, the sheriff shall
24be allowed to tax in addition the actual costs thereof, and for
25each mile of necessary travel, 50 each way.
26    For executing and acknowledging a deed of sale of real

 

 

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

 

 

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

 

 

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1the sheriff a fee in accordance with the following schedule for
2the sale of personal estate which is made by virtue of any
3judgment of a court:
4    For judgments up to $1,000, $75;
5    For judgments from $1,001 to $15,000, $150;
6    For judgments over $15,000, $300.
7    The foregoing fees allowed by this Section are the maximum
8fees that may be collected from any officer, agency, department
9or other instrumentality of the State. The county board may,
10however, by ordinance, increase the fees allowed by this
11Section and collect those increased fees from all persons and
12entities other than officers, agencies, departments and other
13instrumentalities of the State if the increase is justified by
14an acceptable cost study showing that the fees allowed by this
15Section are not sufficient to cover the costs of providing the
16service. A statement of the costs of providing each service,
17program and activity shall be prepared by the county board. All
18supporting documents shall be public records and subject to
19public examination and audit. All direct and indirect costs, as
20defined in the United States Office of Management and Budget
21Circular A-87, may be included in the determination of the
22costs of each service, program and activity.
23    In all cases where the judgment is settled by the parties,
24replevied, stopped by injunction or paid, or where the property
25levied upon is not actually sold, the sheriff shall be allowed
26his fee for levying and mileage, together with half the fee for

 

 

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1all money collected by him which he would be entitled to if the
2same was made by sale to enforce the judgment. In no case shall
3the fee exceed the amount of money arising from the sale.
4    The fee requirements of this Section do not apply to police
5departments or other law enforcement agencies. For the purposes
6of this Section, "law enforcement agency" means an agency of
7the State or unit of local government which is vested by law or
8ordinance with the duty to maintain public order and to enforce
9criminal laws.
10(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18.)
 
11    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
12    Sec. 4-12001. Fees of sheriff in third class counties. The
13officers herein named, in counties of the third class, shall be
14entitled to receive the fees herein specified, for the services
15mentioned and such other fees as may be provided by law for
16such other services not herein designated.
17Fees for Sheriff
18    For serving or attempting to serve any summons on each
19defendant, $35.
20    For serving or attempting to serve each alias summons or
21other process mileage will be charged as hereinafter provided
22when the address for service differs from the address for
23service on the original summons or other process.
24    For serving or attempting to serve all other process, on
25each defendant, $35.

 

 

10100HB3653sam002- 103 -LRB101 05541 RLC 74919 a

1    For serving or attempting to serve a subpoena on each
2witness, $35.
3    For serving or attempting to serve each warrant, $35.
4    For serving or attempting to serve each garnishee, $35.
5    For summoning each juror, $10.
6    For serving or attempting to serve each order or judgment
7for replevin, $35.
8    For serving or attempting to serve an order for attachment,
9on each defendant, $35.
10    For serving or attempting to serve an order or judgment for
11the possession of real estate in an action of ejectment or in
12any other action, or for restitution in an eviction action,
13without aid, $35, and when aid is necessary, the sheriff shall
14be allowed to tax in addition the actual costs thereof.
15    For serving or attempting to serve notice of judgment, $35.
16    For levying to satisfy an order in an action for
17attachment, $25.
18    For executing order of court to seize personal property,
19$25.
20    For making certificate of levy on real estate and filing or
21recording same, $8, and the fee for filing or recording shall
22be advanced by the plaintiff in attachment or by the judgment
23creditor and taxed as costs. For taking possession of or
24removing property levied on, the sheriff shall be allowed to
25tax the necessary actual costs of such possession or removal.
26    For advertising property for sale, $20.

 

 

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1    For making certificate of sale and making and filing
2duplicate for record, $15, and the fee for recording same shall
3be advanced by the judgment creditor and taxed as costs.
4    For preparing, executing and acknowledging deed on
5redemption from a court sale of real estate, $15; for
6preparing, executing and acknowledging all other deeds on sale
7of real estate, $10.
8    For making and filing certificate of redemption, $15, and
9the fee for recording same shall be advanced by party making
10the redemption and taxed as costs.
11    For making and filing certificate of redemption from a
12court sale, $11, and the fee for recording same shall be
13advanced by the party making the redemption and taxed as costs.
14    For taking all bonds on legal process, $10.
15    For taking special bail, $5.
16    For returning each process, $15.
17    Mileage for service or attempted service of all process is
18a $10 flat fee.
19    For attending before a court with a prisoner on an order
20for habeas corpus, $9 per day.
21    For executing requisitions from other States, $13.
22    For conveying each prisoner from the prisoner's county to
23the jail of another county, per mile for going only, 25.
24    For committing to or discharging each prisoner from jail,
25$3.
26    For feeding each prisoner, such compensation to cover

 

 

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1actual costs as may be fixed by the county board, but such
2compensation shall not be considered a part of the fees of the
3office.
4    For committing each prisoner to jail under the laws of the
5United States, to be paid by the marshal or other person
6requiring his confinement, $3.
7    For feeding such prisoners per day, $3, to be paid by the
8marshal or other person requiring the prisoner's confinement.
9    For discharging such prisoners, $3.
10    For conveying persons to the penitentiary, reformatories,
11Illinois State Training School for Boys, Illinois State
12Training School for Girls, Reception Centers and Illinois
13Security Hospital, the following fees, payable out of the State
14Treasury. When one person is conveyed, 20 per mile in going to
15the penitentiary, reformatories, Illinois State Training
16School for Boys, Illinois State Training School for Girls,
17Reception Centers and Illinois Security Hospital from the place
18of conviction; when 2 persons are conveyed at the same time,
1920 per mile for the first and 15 per mile for the second
20person; when more than 2 persons are conveyed at the same time
21as Stated above, the sheriff shall be allowed 20 per mile for
22the first, 15 per mile for the second and 10 per mile for
23each additional person.
24    The fees provided for herein for transporting persons to
25the penitentiary, reformatories, Illinois State Training
26School for Boys, Illinois State Training School for Girls,

 

 

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1Reception Centers and Illinois Security Hospital, shall be paid
2for each trip so made. Mileage as used in this Section means
3the shortest route on a hard surfaced road, (either State Bond
4Issue Route or Federal highways) or railroad, whichever is
5shorter, between the place from which the person is to be
6transported, to the penitentiary, reformatories, Illinois
7State Training School for Boys, Illinois State Training School
8for Girls, Reception Centers and Illinois Security Hospital,
9and all fees per mile shall be computed on such basis.
10    In addition to the above fees, there shall be allowed to
11the sheriff a fee of $900 for the sale of real estate which
12shall be made by virtue of any judgment of a court. In addition
13to this fee and all other fees provided by this Section, there
14shall be allowed to the sheriff a fee in accordance with the
15following schedule for the sale of personal estate which is
16made by virtue of any judgment of a court:
17    For judgments up to $1,000, $100;
18    For judgments over $1,000 to $15,000, $300;
19    For judgments over $15,000, $500.
20    In all cases where the judgment is settled by the parties,
21replevied, stopped by injunction or paid, or where the property
22levied upon is not actually sold, the sheriff shall be allowed
23the fee for levying and mileage, together with half the fee for
24all money collected by him or her which he or she would be
25entitled to if the same were made by sale in the enforcement of
26a judgment. In no case shall the fee exceed the amount of money

 

 

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

 

 

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

 

 

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1tax the necessary actual costs of such possession or removal.
2    For advertising property for sale, $3.
3    For making certificate of sale and making and filing
4duplicate for record, $3, and the fee for recording same shall
5be advanced by the judgment creditor and taxed as costs.
6    For preparing, executing and acknowledging deed on
7redemption from a court sale of real estate, $6; for preparing,
8executing and acknowledging all other deeds on sale of real
9estate, $4.
10    For making and filing certificate of redemption, $3.50, and
11the fee for recording same shall be advanced by party making
12the redemption and taxed as costs.
13    For making and filing certificate of redemption from a
14court sale, $4.50, and the fee for recording same shall be
15advanced by the party making the redemption and taxed as costs.
16    For taking all bonds on legal process, $2.
17    For taking special bail, $2.
18    For returning each process, $5.
19    Mileage for service or attempted service of all process is
20a $10 flat fee.
21    For attending before a court with a prisoner on an order
22for habeas corpus, $3.50 per day.
23    For executing requisitions from other States, $5.
24    For conveying each prisoner from the prisoner's county to
25the jail of another county, per mile for going only, 25.
26    For committing to or discharging each prisoner from jail,

 

 

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1$1.
2    For feeding each prisoner, such compensation to cover
3actual costs as may be fixed by the county board, but such
4compensation shall not be considered a part of the fees of the
5office.
6    For committing each prisoner to jail under the laws of the
7United States, to be paid by the marshal or other person
8requiring his confinement, $1.
9    For feeding such prisoners per day, $1, to be paid by the
10marshal or other person requiring the prisoner's confinement.
11    For discharging such prisoners, $1.
12    For conveying persons to the penitentiary, reformatories,
13Illinois State Training School for Boys, Illinois State
14Training School for Girls, Reception Centers and Illinois
15Security Hospital, the following fees, payable out of the State
16Treasury. When one person is conveyed, 15 per mile in going to
17the penitentiary, reformatories, Illinois State Training
18School for Boys, Illinois State Training School for Girls,
19Reception Centers and Illinois Security Hospital from the place
20of conviction; when 2 persons are conveyed at the same time,
2115 per mile for the first and 10 per mile for the second
22person; when more than 2 persons are conveyed at the same time
23as stated above, the sheriff shall be allowed 15 per mile for
24the first, 10 per mile for the second and 5 per mile for each
25additional person.
26    The fees provided for herein for transporting persons to

 

 

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1the penitentiary, reformatories, Illinois State Training
2School for Boys, Illinois State Training School for Girls,
3Reception Centers and Illinois Security Hospital, shall be paid
4for each trip so made. Mileage as used in this Section means
5the shortest route on a hard surfaced road, (either State Bond
6Issue Route or Federal highways) or railroad, whichever is
7shorter, between the place from which the person is to be
8transported, to the penitentiary, reformatories, Illinois
9State Training School for Boys, Illinois State Training School
10for Girls, Reception Centers and Illinois Security Hospital,
11and all fees per mile shall be computed on such basis.
12    In addition to the above fees, there shall be allowed to
13the sheriff a fee of $600 for the sale of real estate which
14shall be made by virtue of any judgment of a court. In addition
15to this fee and all other fees provided by this Section, there
16shall be allowed to the sheriff a fee in accordance with the
17following schedule for the sale of personal estate which is
18made by virtue of any judgment of a court:
19    For judgments up to $1,000, $90;
20    For judgments over $1,000 to $15,000, $275;
21    For judgments over $15,000, $400.
22    In all cases where the judgment is settled by the parties,
23replevied, stopped by injunction or paid, or where the property
24levied upon is not actually sold, the sheriff shall be allowed
25the fee for levying and mileage, together with half the fee for
26all money collected by him or her which he or she would be

 

 

10100HB3653sam002- 112 -LRB101 05541 RLC 74919 a

1entitled to if the same were made by sale in the enforcement of
2a judgment. In no case shall the fee exceed the amount of money
3arising from the sale.
4     All fees collected under Sections 4-12001 and 4-12001.1
5must be used for public safety purposes only.
6(Source: P.A. 100-173, eff. 1-1-18.)
 
7    Section 10-161. The Counties Code is amended by adding
8Section 3-6041 as follows:
 
9    (55 ILCS 5/3-6041 new)
10    Sec. 3-6041. Military equipment surplus program.
11    (a) For purposes of this Section:
12    "Bayonet" means a large knife designed to be attached to
13the muzzle of a rifle, shotgun, or long gun for the purpose of
14hand-to-hand combat.
15    "Grenade launcher" means a firearm or firearm accessory
16designed to launch small explosive projectiles.
17    "Military equipment surplus program" means any federal or
18State program allowing a law enforcement agency to obtain
19surplus military equipment including, but not limited to, any
20program organized under Section 1122 of the National Defense
21Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
22Section 1033 of the National Defense Authorization Act for
23Fiscal Year 1997 (Pub. L. 104-201) or any program established
24under 10 U.S.C. 2576a.

 

 

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1    "Tracked armored vehicle" means a vehicle that provides
2ballistic protection to its occupants and utilizes a tracked
3system installed of wheels for forward motion.
4    "Weaponized aircraft, vessel, or vehicle" means any
5aircraft, vessel, or vehicle with weapons installed.
6    (b) A sheriff's department shall not request or receive
7from any military equipment surplus program nor purchase or
8otherwise utilize the following equipment:
9        (1) tracked armored vehicles;
10        (2) weaponized aircraft, vessels, or vehicles;
11        (3) firearms of .50-caliber or higher;
12        (4) ammunition of .50-caliber or higher;
13        (5) grenade launchers; or
14        (6) bayonets.
15    (c) 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    Section 10-165. The Illinois Municipal Code is amended by

 

 

10100HB3653sam002- 114 -LRB101 05541 RLC 74919 a

1adding Section 11-5.1-2 as follows:
 
2    (65 ILCS 5/11-5.1-2 new)
3    Sec. 11-5.1-2. Military equipment surplus program.
4    (a) For purposes of this Section:
5    "Bayonet" means large knives designed to be attached to the
6muzzle of a rifle, shotgun, or long gun for the purposes of
7hand-to-hand combat.
8    "Grenade launcher" means a firearm or firearm accessory
9designed to launch small explosive projectiles.
10    "Military equipment surplus program" means any federal or
11state program allowing a law enforcement agency to obtain
12surplus military equipment including, but not limit to, any
13program organized under Section 1122 of the National Defense
14Authorization Act for Fiscal Year 1994 (Pub. L. 103-160) or
15Section 1033 of the National Defense Authorization Act for
16Fiscal Year 1997 (Pub. L. 104-201) or any program established
17by the United States Department of Defense under 10 U.S.C.
182576a.
19    "Tracked armored vehicle" means a vehicle that provides
20ballistic protection to its occupants and utilizes a tracked
21system installed of wheels for forward motion.
22    "Weaponized aircraft, vessels, or vehicles" means any
23aircraft, vessel, or vehicle with weapons installed.
24    (b) A police department shall not request or receive from
25any military equipment surplus program nor purchase or

 

 

10100HB3653sam002- 115 -LRB101 05541 RLC 74919 a

1otherwise utilize the following equipment:
2        (1) tracked armored vehicles;
3        (2) weaponized aircraft, vessels, or vehicles;
4        (3) firearms of .50-caliber or higher;
5        (4) ammunition of .50-caliber or higher;
6        (5) grenade launchers, grenades, or similar
7    explosives; or
8        (6) bayonets.
9    (c) A home rule municipality may not regulate the
10acquisition of equipment in a manner inconsistent with this
11Section. This Section is a limitation under subsection (i) of
12Section 6 of Article VII of the Illinois Constitution on the
13concurrent exercise by home rule municipalities of powers and
14functions exercised by the State.
15    (d) If a police department requests other property not
16prohibited from a military equipment surplus program, the
17police department shall publish notice of the request on a
18publicly accessible website maintained by the police
19department or the municipality within 14 days after the
20request.
 
21    (65 ILCS 5/1-2-12.1 rep.)
22    Section 10-170. The Illinois Municipal Code is amended by
23repealing Section 1-2-12.1.
 
24    Section 10-175. The Campus Security Enhancement Act of 2008

 

 

10100HB3653sam002- 116 -LRB101 05541 RLC 74919 a

1is amended by changing Section 15 as follows:
 
2    (110 ILCS 12/15)
3    Sec. 15. Arrest reports.
4    (a) When an individual is arrested, the following
5information must be made available to the news media for
6inspection and copying:
7        (1) Information that identifies the individual,
8    including the name, age, address, and photograph, when and
9    if available.
10        (2) Information detailing any charges relating to the
11    arrest.
12        (3) The time and location of the arrest.
13        (4) The name of the investigating or arresting law
14    enforcement agency.
15        (5) If the individual is incarcerated, the conditions
16    of pretrial release amount of any bail or bond.
17        (6) If the individual is incarcerated, the time and
18    date that the individual was received, discharged, or
19    transferred from the arresting agency's custody.
20    (b) The information required by this Section must be made
21available to the news media for inspection and copying as soon
22as practicable, but in no event shall the time period exceed 72
23hours from the arrest. The information described in paragraphs
24(3), (4), (5), and (6) of subsection (a), however, may be
25withheld if it is determined that disclosure would:

 

 

10100HB3653sam002- 117 -LRB101 05541 RLC 74919 a

1        (1) interfere with pending or actually and reasonably
2    contemplated law enforcement proceedings conducted by any
3    law enforcement or correctional agency;
4        (2) endanger the life or physical safety of law
5    enforcement or correctional personnel or any other person;
6    or
7        (3) compromise the security of any correctional
8    facility.
9    (c) For the purposes of this Section the term "news media"
10means personnel of a newspaper or other periodical issued at
11regular intervals whether in print or electronic format, a news
12service whether in print or electronic format, a radio station,
13a television station, a television network, a community antenna
14television service, or a person or corporation engaged in
15making news reels or other motion picture news for public
16showing.
17    (d) Each law enforcement or correctional agency may charge
18fees for arrest records, but in no instance may the fee exceed
19the actual cost of copying and reproduction. The fees may not
20include the cost of the labor used to reproduce the arrest
21record.
22    (e) The provisions of this Section do not supersede the
23confidentiality provisions for arrest records of the Juvenile
24Court Act of 1987.
25(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
2692-335, eff. 8-10-01.)
 

 

 

10100HB3653sam002- 118 -LRB101 05541 RLC 74919 a

1    Section 10-180. The Illinois Insurance Code is amended by
2changing Sections 143.19, 143.19.1, and 205 as follows:
 
3    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
4    Sec. 143.19. Cancellation of automobile insurance policy;
5grounds. After a policy of automobile insurance as defined in
6Section 143.13(a) has been effective for 60 days, or if such
7policy is a renewal policy, the insurer shall not exercise its
8option to cancel such policy except for one or more of the
9following reasons:
10        a. Nonpayment of premium;
11        b. The policy was obtained through a material
12    misrepresentation;
13        c. Any insured violated any of the terms and conditions
14    of the policy;
15        d. The named insured failed to disclose fully his motor
16    vehicle accidents and moving traffic violations for the
17    preceding 36 months if called for in the application;
18        e. Any insured made a false or fraudulent claim or
19    knowingly aided or abetted another in the presentation of
20    such a claim;
21        f. The named insured or any other operator who either
22    resides in the same household or customarily operates an
23    automobile insured under such policy:
24            1. has, within the 12 months prior to the notice of

 

 

10100HB3653sam002- 119 -LRB101 05541 RLC 74919 a

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

 

 

10100HB3653sam002- 120 -LRB101 05541 RLC 74919 a

1        convicted or pretrial release has been revoked
2        forfeited bail for 3 or more violations within the 12
3        months immediately preceding the notice of
4        cancellation, of any law, ordinance, or regulation
5        limiting the speed of motor vehicles or any of the
6        provisions of the motor vehicle laws of any state,
7        violation of which constitutes a misdemeanor, whether
8        or not the violations were repetitions of the same
9        offense or different offenses;
10        g. The insured automobile is:
11            1. so mechanically defective that its operation
12        might endanger public safety;
13            2. used in carrying passengers for hire or
14        compensation (the use of an automobile for a car pool
15        shall not be considered use of an automobile for hire
16        or compensation);
17            3. used in the business of transportation of
18        flammables or explosives;
19            4. an authorized emergency vehicle;
20            5. changed in shape or condition during the policy
21        period so as to increase the risk substantially; or
22            6. subject to an inspection law and has not been
23        inspected or, if inspected, has failed to qualify.
24    Nothing in this Section shall apply to nonrenewal.
25(Source: P.A. 100-201, eff. 8-18-17.)
 

 

 

10100HB3653sam002- 121 -LRB101 05541 RLC 74919 a

1    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
2    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
3After a policy of automobile insurance, as defined in Section
4143.13, has been effective or renewed for 5 or more years, the
5company shall not exercise its right of non-renewal unless:
6    a. The policy was obtained through a material
7misrepresentation; or
8    b. Any insured violated any of the terms and conditions of
9the policy; or
10    c. The named insured failed to disclose fully his motor
11vehicle accidents and moving traffic violations for the
12preceding 36 months, if such information is called for in the
13application; or
14    d. Any insured made a false or fraudulent claim or
15knowingly aided or abetted another in the presentation of such
16a claim; or
17    e. The named insured or any other operator who either
18resides in the same household or customarily operates an
19automobile insured under such a policy:
20        1. Has, within the 12 months prior to the notice of
21    non-renewal had his drivers license under suspension or
22    revocation; or
23        2. Is or becomes subject to epilepsy or heart attacks,
24    and such individual does not produce a certificate from a
25    physician testifying to his unqualified ability to operate
26    a motor vehicle safely; or

 

 

10100HB3653sam002- 122 -LRB101 05541 RLC 74919 a

1        3. Has an accident record, conviction record (criminal
2    or traffic), or a physical or mental condition which is
3    such that his operation of an automobile might endanger the
4    public safety; or
5        4. Has, within the 36 months prior to the notice of
6    non-renewal, been addicted to the use of narcotics or other
7    drugs; or
8        5. Has been convicted or pretrial release has been
9    revoked forfeited bail, during the 36 months immediately
10    preceding the notice of non-renewal, for any felony,
11    criminal negligence resulting in death, homicide or
12    assault arising out of the operation of a motor vehicle,
13    operating a motor vehicle while in an intoxicated condition
14    or while under the influence of drugs, being intoxicated
15    while in or about an automobile or while having custody of
16    an automobile, leaving the scene of an accident without
17    stopping to report, theft or unlawful taking of a motor
18    vehicle, making false statements in an application for an
19    operators or chauffeurs license, or has been convicted or
20    pretrial release has been revoked forfeited bail for 3 or
21    more violations within the 12 months immediately preceding
22    the notice of non-renewal, of any law, ordinance or
23    regulation limiting the speed of motor vehicles or any of
24    the provisions of the motor vehicle laws of any state,
25    violation of which constitutes a misdemeanor, whether or
26    not the violations were repetitions of the same offense or

 

 

10100HB3653sam002- 123 -LRB101 05541 RLC 74919 a

1    different offenses; or
2    f. The insured automobile is:
3        1. So mechanically defective that its operation might
4    endanger public safety; or
5        2. Used in carrying passengers for hire or compensation
6    (the use of an automobile for a car pool shall not be
7    considered use of an automobile for hire or compensation);
8    or
9        3. Used in the business of transportation of flammables
10    or explosives; or
11        4. An authorized emergency vehicle; or
12        5. Changed in shape or condition during the policy
13    period so as to increase the risk substantially; or
14        6. Subject to an inspection law and it has not been
15    inspected or, if inspected, has failed to qualify; or
16    g. The notice of the intention not to renew is mailed to
17the insured at least 60 days before the date of nonrenewal as
18provided in Section 143.17.
19(Source: P.A. 89-669, eff. 1-1-97.)
 
20    (215 ILCS 5/205)  (from Ch. 73, par. 817)
21    Sec. 205. Priority of distribution of general assets.
22    (1) The priorities of distribution of general assets from
23the company's estate is to be as follows:
24        (a) The costs and expenses of administration,
25    including, but not limited to, the following:

 

 

10100HB3653sam002- 124 -LRB101 05541 RLC 74919 a

1            (i) The reasonable expenses of the Illinois
2        Insurance Guaranty Fund, the Illinois Life and Health
3        Insurance Guaranty Association, and the Illinois
4        Health Maintenance Organization Guaranty Association
5        and of any similar organization in any other state,
6        including overhead, salaries, and other general
7        administrative expenses allocable to the receivership
8        (administrative and claims handling expenses and
9        expenses in connection with arrangements for ongoing
10        coverage), but excluding expenses incurred in the
11        performance of duties under Section 547 or similar
12        duties under the statute governing a similar
13        organization in another state. For property and
14        casualty insurance guaranty associations that guaranty
15        certain obligations of any member company as defined by
16        Section 534.5, expenses shall include, but not be
17        limited to, loss adjustment expenses, which shall
18        include adjusting and other expenses and defense and
19        cost containment expenses. The expenses of such
20        property and casualty guaranty associations, including
21        the Illinois Insurance Guaranty Fund, shall be
22        reimbursed as prescribed by Section 545, but shall be
23        subordinate to all other costs and expenses of
24        administration, including the expenses reimbursed
25        pursuant to subparagraph (ii) of this paragraph (a).
26            (ii) The expenses expressly approved or ratified

 

 

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

 

 

10100HB3653sam002- 126 -LRB101 05541 RLC 74919 a

1        (b) Secured claims, including claims for taxes and
2    debts due the federal or any state or local government,
3    that are secured by liens perfected prior to the filing of
4    the complaint.
5        (c) Claims for wages actually owing to employees for
6    services rendered within 3 months prior to the date of the
7    filing of the complaint, not exceeding $1,000 to each
8    employee unless there are claims due the federal government
9    under paragraph (f), then the claims for wages shall have a
10    priority of distribution immediately following that of
11    federal claims under paragraph (f) and immediately
12    preceding claims of general creditors under paragraph (g).
13        (d) Claims by policyholders, beneficiaries, and
14    insureds, under insurance policies, annuity contracts, and
15    funding agreements, liability claims against insureds
16    covered under insurance policies and insurance contracts
17    issued by the company, claims of obligees (and, subject to
18    the discretion of the receiver, completion contractors)
19    under surety bonds and surety undertakings (not to include
20    bail bonds, mortgage or financial guaranty, or other forms
21    of insurance offering protection against investment risk),
22    claims by principals under surety bonds and surety
23    undertakings for wrongful dissipation of collateral by the
24    insurer or its agents, and claims incurred during any
25    extension of coverage provided under subsection (5) of
26    Section 193, and claims of the Illinois Insurance Guaranty

 

 

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

 

 

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

 

 

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

 

 

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1Guaranty Association, and similar organizations in other
2states.
3    The Director shall establish procedures for the ratable
4allocation and distribution of disbursements to the Illinois
5Insurance Guaranty Fund, the Illinois Life and Health Insurance
6Guaranty Association, the Illinois Health Maintenance
7Organization Guaranty Association, and similar organizations
8in other states. In determining the amounts available for
9disbursement, the Director shall reserve sufficient assets for
10the payment of the expenses of administration described in
11paragraph (1)(a) of this Section. All funds available for
12disbursement after the establishment of the prescribed reserve
13shall be promptly distributed. As a condition to receipt of
14funds in reimbursement of covered claims obligations, the
15Director shall secure from the Illinois Insurance Guaranty
16Fund, the Illinois Life and Health Insurance Guaranty
17Association, the Illinois Health Maintenance Organization
18Guaranty Association, and each similar organization in other
19states, an agreement to return to the Director on demand funds
20previously received as may be required to pay claims of secured
21creditors and claims falling within the priorities established
22in paragraphs (a), (b), (c), and (d) of subsection (1) of this
23Section in accordance with such priorities.
24    (3) The changes made in this Section by this amendatory Act
25of the 100th General Assembly apply to all liquidation,
26rehabilitation, or conservation proceedings that are pending

 

 

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1on the effective date of this amendatory Act of the 100th
2General Assembly and to all future liquidation,
3rehabilitation, or conservation proceedings.
4    (4) The provisions of this Section are severable under
5Section 1.31 of the Statute on Statutes.
6(Source: P.A. 100-410, eff. 8-25-17.)
 
7    Section 10-185. The Illinois Gambling Act is amended by
8changing Section 5.1 as follows:
 
9    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
10    Sec. 5.1. Disclosure of records.
11    (a) Notwithstanding any applicable statutory provision to
12the contrary, the Board shall, on written request from any
13person, provide information furnished by an applicant or
14licensee concerning the applicant or licensee, his products,
15services or gambling enterprises and his business holdings, as
16follows:
17        (1) The name, business address and business telephone
18    number of any applicant or licensee.
19        (2) An identification of any applicant or licensee
20    including, if an applicant or licensee is not an
21    individual, the names and addresses of all stockholders and
22    directors, if the entity is a corporation; the names and
23    addresses of all members, if the entity is a limited
24    liability company; the names and addresses of all partners,

 

 

10100HB3653sam002- 132 -LRB101 05541 RLC 74919 a

1    both general and limited, if the entity is a partnership;
2    and the names and addresses of all beneficiaries, if the
3    entity is a trust. If an applicant or licensee has a
4    pending registration statement filed with the Securities
5    and Exchange Commission, only the names of those persons or
6    entities holding interest of 5% or more must be provided.
7        (3) An identification of any business, including, if
8    applicable, the state of incorporation or registration, in
9    which an applicant or licensee or an applicant's or
10    licensee's spouse or children has an equity interest of
11    more than 1%. If an applicant or licensee is a corporation,
12    partnership or other business entity, the applicant or
13    licensee shall identify any other corporation, partnership
14    or business entity in which it has an equity interest of 1%
15    or more, including, if applicable, the state of
16    incorporation or registration. This information need not
17    be provided by a corporation, partnership or other business
18    entity that has a pending registration statement filed with
19    the Securities and Exchange Commission.
20        (4) Whether an applicant or licensee has been indicted,
21    convicted, pleaded guilty or nolo contendere, or pretrial
22    release has been revoked forfeited bail concerning any
23    criminal offense under the laws of any jurisdiction, either
24    felony or misdemeanor (except for traffic violations),
25    including the date, the name and location of the court,
26    arresting agency and prosecuting agency, the case number,

 

 

10100HB3653sam002- 133 -LRB101 05541 RLC 74919 a

1    the offense, the disposition and the location and length of
2    incarceration.
3        (5) Whether an applicant or licensee has had any
4    license or certificate issued by a licensing authority in
5    Illinois or any other jurisdiction denied, restricted,
6    suspended, revoked or not renewed and a statement
7    describing the facts and circumstances concerning the
8    denial, restriction, suspension, revocation or
9    non-renewal, including the licensing authority, the date
10    each such action was taken, and the reason for each such
11    action.
12        (6) Whether an applicant or licensee has ever filed or
13    had filed against it a proceeding in bankruptcy or has ever
14    been involved in any formal process to adjust, defer,
15    suspend or otherwise work out the payment of any debt
16    including the date of filing, the name and location of the
17    court, the case and number of the disposition.
18        (7) Whether an applicant or licensee has filed, or been
19    served with a complaint or other notice filed with any
20    public body, regarding the delinquency in the payment of,
21    or a dispute over the filings concerning the payment of,
22    any tax required under federal, State or local law,
23    including the amount, type of tax, the taxing agency and
24    time periods involved.
25        (8) A statement listing the names and titles of all
26    public officials or officers of any unit of government, and

 

 

10100HB3653sam002- 134 -LRB101 05541 RLC 74919 a

1    relatives of said public officials or officers who,
2    directly or indirectly, own any financial interest in, have
3    any beneficial interest in, are the creditors of or hold
4    any debt instrument issued by, or hold or have any interest
5    in any contractual or service relationship with, an
6    applicant or licensee.
7        (9) Whether an applicant or licensee has made, directly
8    or indirectly, any political contribution, or any loans,
9    donations or other payments, to any candidate or office
10    holder, within 5 years from the date of filing the
11    application, including the amount and the method of
12    payment.
13        (10) The name and business telephone number of the
14    counsel representing an applicant or licensee in matters
15    before the Board.
16        (11) A description of any proposed or approved gambling
17    operation, including the type of boat, home dock, or casino
18    or gaming location, expected economic benefit to the
19    community, anticipated or actual number of employees, any
20    statement from an applicant or licensee regarding
21    compliance with federal and State affirmative action
22    guidelines, projected or actual admissions and projected
23    or actual adjusted gross gaming receipts.
24        (12) A description of the product or service to be
25    supplied by an applicant for a supplier's license.
26    (b) Notwithstanding any applicable statutory provision to

 

 

10100HB3653sam002- 135 -LRB101 05541 RLC 74919 a

1the contrary, the Board shall, on written request from any
2person, also provide the following information:
3        (1) The amount of the wagering tax and admission tax
4    paid daily to the State of Illinois by the holder of an
5    owner's license.
6        (2) Whenever the Board finds an applicant for an
7    owner's license unsuitable for licensing, a copy of the
8    written letter outlining the reasons for the denial.
9        (3) Whenever the Board has refused to grant leave for
10    an applicant to withdraw his application, a copy of the
11    letter outlining the reasons for the refusal.
12    (c) Subject to the above provisions, the Board shall not
13disclose any information which would be barred by:
14        (1) Section 7 of the Freedom of Information Act; or
15        (2) The statutes, rules, regulations or
16    intergovernmental agreements of any jurisdiction.
17    (d) The Board may assess fees for the copying of
18information in accordance with Section 6 of the Freedom of
19Information Act.
20(Source: P.A. 101-31, eff. 6-28-19.)
 
21    Section 10-187. The Sexual Assault Survivors Emergency
22Treatment Act is amended by changing Section 7.5 as follows:
 
23    (410 ILCS 70/7.5)
24    Sec. 7.5. Prohibition on billing sexual assault survivors

 

 

10100HB3653sam002- 136 -LRB101 05541 RLC 74919 a

1directly for certain services; written notice; billing
2protocols.
3    (a) A hospital, approved pediatric health care facility,
4health care professional, ambulance provider, laboratory, or
5pharmacy furnishing medical forensic services, transportation,
6follow-up healthcare, or medication to a sexual assault
7survivor shall not:
8        (1) charge or submit a bill for any portion of the
9    costs of the services, transportation, or medications to
10    the sexual assault survivor, including any insurance
11    deductible, co-pay, co-insurance, denial of claim by an
12    insurer, spenddown, or any other out-of-pocket expense;
13        (2) communicate with, harass, or intimidate the sexual
14    assault survivor for payment of services, including, but
15    not limited to, repeatedly calling or writing to the sexual
16    assault survivor and threatening to refer the matter to a
17    debt collection agency or to an attorney for collection,
18    enforcement, or filing of other process;
19        (3) refer a bill to a collection agency or attorney for
20    collection action against the sexual assault survivor;
21        (4) contact or distribute information to affect the
22    sexual assault survivor's credit rating; or
23        (5) take any other action adverse to the sexual assault
24    survivor or his or her family on account of providing
25    services to the sexual assault survivor.
26    (b) Nothing in this Section precludes a hospital, health

 

 

10100HB3653sam002- 137 -LRB101 05541 RLC 74919 a

1care provider, ambulance provider, laboratory, or pharmacy
2from billing the sexual assault survivor or any applicable
3health insurance or coverage for inpatient services.
4    (c) Every hospital and approved pediatric health care
5facility providing treatment services to sexual assault
6survivors in accordance with a plan approved under Section 2 of
7this Act shall provide a written notice to a sexual assault
8survivor. The written notice must include, but is not limited
9to, the following:
10        (1) a statement that the sexual assault survivor should
11    not be directly billed by any ambulance provider providing
12    transportation services, or by any hospital, approved
13    pediatric health care facility, health care professional,
14    laboratory, or pharmacy for the services the sexual assault
15    survivor received as an outpatient at the hospital or
16    approved pediatric health care facility;
17        (2) a statement that a sexual assault survivor who is
18    admitted to a hospital may be billed for inpatient services
19    provided by a hospital, health care professional,
20    laboratory, or pharmacy;
21        (3) a statement that prior to leaving the hospital or
22    approved pediatric health care facility, the hospital or
23    approved pediatric health care facility will give the
24    sexual assault survivor a sexual assault services voucher
25    for follow-up healthcare if the sexual assault survivor is
26    eligible to receive a sexual assault services voucher;

 

 

10100HB3653sam002- 138 -LRB101 05541 RLC 74919 a

1        (4) the definition of "follow-up healthcare" as set
2    forth in Section 1a of this Act;
3        (5) a phone number the sexual assault survivor may call
4    should the sexual assault survivor receive a bill from the
5    hospital or approved pediatric health care facility for
6    medical forensic services;
7        (6) the toll-free phone number of the Office of the
8    Illinois Attorney General, Crime Victim Services Division,
9    which the sexual assault survivor may call should the
10    sexual assault survivor receive a bill from an ambulance
11    provider, approved pediatric health care facility, a
12    health care professional, a laboratory, or a pharmacy.
13    This subsection (c) shall not apply to hospitals that
14provide transfer services as defined under Section 1a of this
15Act.
16    (d) Within 60 days after the effective date of this
17amendatory Act of the 99th General Assembly, every health care
18professional, except for those employed by a hospital or
19hospital affiliate, as defined in the Hospital Licensing Act,
20or those employed by a hospital operated under the University
21of Illinois Hospital Act, who bills separately for medical or
22forensic services must develop a billing protocol that ensures
23that no survivor of sexual assault will be sent a bill for any
24medical forensic services and submit the billing protocol to
25the Crime Victim Services Division of the Office of the
26Attorney General for approval. Within 60 days after the

 

 

10100HB3653sam002- 139 -LRB101 05541 RLC 74919 a

1commencement of the provision of medical forensic services,
2every health care professional, except for those employed by a
3hospital or hospital affiliate, as defined in the Hospital
4Licensing Act, or those employed by a hospital operated under
5the University of Illinois Hospital Act, who bills separately
6for medical or forensic services must develop a billing
7protocol that ensures that no survivor of sexual assault is
8sent a bill for any medical forensic services and submit the
9billing protocol to the Crime Victim Services Division of the
10Office of the Attorney General for approval. Health care
11professionals who bill as a legal entity may submit a single
12billing protocol for the billing entity.
13    Within 60 days after the Department's approval of a
14treatment plan, an approved pediatric health care facility and
15any health care professional employed by an approved pediatric
16health care facility must develop a billing protocol that
17ensures that no survivor of sexual assault is sent a bill for
18any medical forensic services and submit the billing protocol
19to the Crime Victim Services Division of the Office of the
20Attorney General for approval.
21     The billing protocol must include at a minimum:
22        (1) a description of training for persons who prepare
23    bills for medical and forensic services;
24        (2) a written acknowledgement signed by a person who
25    has completed the training that the person will not bill
26    survivors of sexual assault;

 

 

10100HB3653sam002- 140 -LRB101 05541 RLC 74919 a

1        (3) prohibitions on submitting any bill for any portion
2    of medical forensic services provided to a survivor of
3    sexual assault to a collection agency;
4        (4) prohibitions on taking any action that would
5    adversely affect the credit of the survivor of sexual
6    assault;
7        (5) the termination of all collection activities if the
8    protocol is violated; and
9        (6) the actions to be taken if a bill is sent to a
10    collection agency or the failure to pay is reported to any
11    credit reporting agency.
12    The Crime Victim Services Division of the Office of the
13Attorney General may provide a sample acceptable billing
14protocol upon request.
15    The Office of the Attorney General shall approve a proposed
16protocol if it finds that the implementation of the protocol
17would result in no survivor of sexual assault being billed or
18sent a bill for medical forensic services.
19    If the Office of the Attorney General determines that
20implementation of the protocol could result in the billing of a
21survivor of sexual assault for medical forensic services, the
22Office of the Attorney General shall provide the health care
23professional or approved pediatric health care facility with a
24written statement of the deficiencies in the protocol. The
25health care professional or approved pediatric health care
26facility shall have 30 days to submit a revised billing

 

 

10100HB3653sam002- 141 -LRB101 05541 RLC 74919 a

1protocol addressing the deficiencies to the Office of the
2Attorney General. The health care professional or approved
3pediatric health care facility shall implement the protocol
4upon approval by the Crime Victim Services Division of the
5Office of the Attorney General.
6    The health care professional or approved pediatric health
7care facility shall submit any proposed revision to or
8modification of an approved billing protocol to the Crime
9Victim Services Division of the Office of the Attorney General
10for approval. The health care professional or approved
11pediatric health care facility shall implement the revised or
12modified billing protocol upon approval by the Crime Victim
13Services Division of the Office of the Illinois Attorney
14General.
15    (e) This Section is effective on and after July 1, 2021.
16(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
17    Section 10-190. The Illinois Vehicle Code is amended by
18changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and 16-103
19as follows:
 
20    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
21    Sec. 6-204. When court to forward license and reports.
22    (a) For the purpose of providing to the Secretary of State
23the records essential to the performance of the Secretary's
24duties under this Code to cancel, revoke or suspend the

 

 

10100HB3653sam002- 142 -LRB101 05541 RLC 74919 a

1driver's license and privilege to drive motor vehicles of
2certain minors and of persons found guilty of the criminal
3offenses or traffic violations which this Code recognizes as
4evidence relating to unfitness to safely operate motor
5vehicles, the following duties are imposed upon public
6officials:
7        (1) Whenever any person is convicted of any offense for
8    which this Code makes mandatory the cancellation or
9    revocation of the driver's license or permit of such person
10    by the Secretary of State, the judge of the court in which
11    such conviction is had shall require the surrender to the
12    clerk of the court of all driver's licenses or permits then
13    held by the person so convicted, and the clerk of the court
14    shall, within 5 days thereafter, forward the same, together
15    with a report of such conviction, to the Secretary.
16        (2) Whenever any person is convicted of any offense
17    under this Code or similar offenses under a municipal
18    ordinance, other than regulations governing standing,
19    parking or weights of vehicles, and excepting the following
20    enumerated Sections of this Code: Sections 11-1406
21    (obstruction to driver's view or control), 11-1407
22    (improper opening of door into traffic), 11-1410 (coasting
23    on downgrade), 11-1411 (following fire apparatus),
24    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
25    vehicle which is in unsafe condition or improperly
26    equipped), 12-201(a) (daytime lights on motorcycles),

 

 

10100HB3653sam002- 143 -LRB101 05541 RLC 74919 a

1    12-202 (clearance, identification and side marker lamps),
2    12-204 (lamp or flag on projecting load), 12-205 (failure
3    to display the safety lights required), 12-401
4    (restrictions as to tire equipment), 12-502 (mirrors),
5    12-503 (windshields must be unobstructed and equipped with
6    wipers), 12-601 (horns and warning devices), 12-602
7    (mufflers, prevention of noise or smoke), 12-603 (seat
8    safety belts), 12-702 (certain vehicles to carry flares or
9    other warning devices), 12-703 (vehicles for oiling roads
10    operated on highways), 12-710 (splash guards and
11    replacements), 13-101 (safety tests), 15-101 (size, weight
12    and load), 15-102 (width), 15-103 (height), 15-104 (name
13    and address on second division vehicles), 15-107 (length of
14    vehicle), 15-109.1 (cover or tarpaulin), 15-111 (weights),
15    15-112 (weights), 15-301 (weights), 15-316 (weights),
16    15-318 (weights), and also excepting the following
17    enumerated Sections of the Chicago Municipal Code:
18    Sections 27-245 (following fire apparatus), 27-254
19    (obstruction of traffic), 27-258 (driving vehicle which is
20    in unsafe condition), 27-259 (coasting on downgrade),
21    27-264 (use of horns and signal devices), 27-265
22    (obstruction to driver's view or driver mechanism), 27-267
23    (dimming of headlights), 27-268 (unattended motor
24    vehicle), 27-272 (illegal funeral procession), 27-273
25    (funeral procession on boulevard), 27-275 (driving freight
26    hauling vehicles on boulevard), 27-276 (stopping and

 

 

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1    standing of buses or taxicabs), 27-277 (cruising of public
2    passenger vehicles), 27-305 (parallel parking), 27-306
3    (diagonal parking), 27-307 (parking not to obstruct
4    traffic), 27-308 (stopping, standing or parking
5    regulated), 27-311 (parking regulations), 27-312 (parking
6    regulations), 27-313 (parking regulations), 27-314
7    (parking regulations), 27-315 (parking regulations),
8    27-316 (parking regulations), 27-317 (parking
9    regulations), 27-318 (parking regulations), 27-319
10    (parking regulations), 27-320 (parking regulations),
11    27-321 (parking regulations), 27-322 (parking
12    regulations), 27-324 (loading and unloading at an angle),
13    27-333 (wheel and axle loads), 27-334 (load restrictions in
14    the downtown district), 27-335 (load restrictions in
15    residential areas), 27-338 (width of vehicles), 27-339
16    (height of vehicles), 27-340 (length of vehicles), 27-352
17    (reflectors on trailers), 27-353 (mufflers), 27-354
18    (display of plates), 27-355 (display of city vehicle tax
19    sticker), 27-357 (identification of vehicles), 27-358
20    (projecting of loads), and also excepting the following
21    enumerated paragraphs of Section 2-201 of the Rules and
22    Regulations of the Illinois State Toll Highway Authority:
23    (l) (driving unsafe vehicle on tollway), (m) (vehicles
24    transporting dangerous cargo not properly indicated), it
25    shall be the duty of the clerk of the court in which such
26    conviction is had within 5 days thereafter to forward to

 

 

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1    the Secretary of State a report of the conviction and the
2    court may recommend the suspension of the driver's license
3    or permit of the person so convicted.
4        The reporting requirements of this subsection shall
5    apply to all violations stated in paragraphs (1) and (2) of
6    this subsection when the individual has been adjudicated
7    under the Juvenile Court Act or the Juvenile Court Act of
8    1987. Such reporting requirements shall also apply to
9    individuals adjudicated under the Juvenile Court Act or the
10    Juvenile Court Act of 1987 who have committed a violation
11    of Section 11-501 of this Code, or similar provision of a
12    local ordinance, or Section 9-3 of the Criminal Code of
13    1961 or the Criminal Code of 2012, relating to the offense
14    of reckless homicide, or Section 5-7 of the Snowmobile
15    Registration and Safety Act or Section 5-16 of the Boat
16    Registration and Safety Act, relating to the offense of
17    operating a snowmobile or a watercraft while under the
18    influence of alcohol, other drug or drugs, intoxicating
19    compound or compounds, or combination thereof. These
20    reporting requirements also apply to individuals
21    adjudicated under the Juvenile Court Act of 1987 based on
22    any offense determined to have been committed in
23    furtherance of the criminal activities of an organized
24    gang, as provided in Section 5-710 of that Act, if those
25    activities involved the operation or use of a motor
26    vehicle. It shall be the duty of the clerk of the court in

 

 

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1    which adjudication is had within 5 days thereafter to
2    forward to the Secretary of State a report of the
3    adjudication and the court order requiring the Secretary of
4    State to suspend the minor's driver's license and driving
5    privilege for such time as determined by the court, but
6    only until he or she attains the age of 18 years. All
7    juvenile court dispositions reported to the Secretary of
8    State under this provision shall be processed by the
9    Secretary of State as if the cases had been adjudicated in
10    traffic or criminal court. However, information reported
11    relative to the offense of reckless homicide, or Section
12    11-501 of this Code, or a similar provision of a local
13    ordinance, shall be privileged and available only to the
14    Secretary of State, courts, and police officers.
15        The reporting requirements of this subsection (a)
16    apply to all violations listed in paragraphs (1) and (2) of
17    this subsection (a), excluding parking violations, when
18    the driver holds a CLP or CDL, regardless of the type of
19    vehicle in which the violation occurred, or when any driver
20    committed the violation in a commercial motor vehicle as
21    defined in Section 6-500 of this Code.
22        (3) Whenever an order is entered vacating the
23    conditions of pretrial release forfeiture of any bail,
24    security or bond given to secure appearance for any offense
25    under this Code or similar offenses under municipal
26    ordinance, it shall be the duty of the clerk of the court

 

 

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1    in which such vacation was had or the judge of such court
2    if such court has no clerk, within 5 days thereafter to
3    forward to the Secretary of State a report of the vacation.
4        (4) A report of any disposition of court supervision
5    for a violation of Sections 6-303, 11-401, 11-501 or a
6    similar provision of a local ordinance, 11-503, 11-504, and
7    11-506 of this Code, Section 5-7 of the Snowmobile
8    Registration and Safety Act, and Section 5-16 of the Boat
9    Registration and Safety Act shall be forwarded to the
10    Secretary of State. A report of any disposition of court
11    supervision for a violation of an offense defined as a
12    serious traffic violation in this Code or a similar
13    provision of a local ordinance committed by a person under
14    the age of 21 years shall be forwarded to the Secretary of
15    State.
16        (5) Reports of conviction under this Code and
17    sentencing hearings under the Juvenile Court Act of 1987 in
18    an electronic format or a computer processible medium shall
19    be forwarded to the Secretary of State via the Supreme
20    Court in the form and format required by the Illinois
21    Supreme Court and established by a written agreement
22    between the Supreme Court and the Secretary of State. In
23    counties with a population over 300,000, instead of
24    forwarding reports to the Supreme Court, reports of
25    conviction under this Code and sentencing hearings under
26    the Juvenile Court Act of 1987 in an electronic format or a

 

 

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1    computer processible medium may be forwarded to the
2    Secretary of State by the Circuit Court Clerk in a form and
3    format required by the Secretary of State and established
4    by written agreement between the Circuit Court Clerk and
5    the Secretary of State. Failure to forward the reports of
6    conviction or sentencing hearing under the Juvenile Court
7    Act of 1987 as required by this Section shall be deemed an
8    omission of duty and it shall be the duty of the several
9    State's Attorneys to enforce the requirements of this
10    Section.
11    (b) Whenever a restricted driving permit is forwarded to a
12court, as a result of confiscation by a police officer pursuant
13to the authority in Section 6-113(f), it shall be the duty of
14the clerk, or judge, if the court has no clerk, to forward such
15restricted driving permit and a facsimile of the officer's
16citation to the Secretary of State as expeditiously as
17practicable.
18    (c) For the purposes of this Code, a violation of the
19conditions of pretrial release forfeiture of bail or collateral
20deposited to secure a defendant's appearance in court when the
21conditions of pretrial release have forfeiture has not been
22vacated, or the failure of a defendant to appear for trial
23after depositing his driver's license in lieu of other bail,
24shall be equivalent to a conviction.
25    (d) For the purpose of providing the Secretary of State
26with records necessary to properly monitor and assess driver

 

 

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1performance and assist the courts in the proper disposition of
2repeat traffic law offenders, the clerk of the court shall
3forward to the Secretary of State, on a form prescribed by the
4Secretary, records of a driver's participation in a driver
5remedial or rehabilitative program which was required, through
6a court order or court supervision, in relation to the driver's
7arrest for a violation of Section 11-501 of this Code or a
8similar provision of a local ordinance. The clerk of the court
9shall also forward to the Secretary, either on paper or in an
10electronic format or a computer processible medium as required
11under paragraph (5) of subsection (a) of this Section, any
12disposition of court supervision for any traffic violation,
13excluding those offenses listed in paragraph (2) of subsection
14(a) of this Section. These reports shall be sent within 5 days
15after disposition, or, if the driver is referred to a driver
16remedial or rehabilitative program, within 5 days of the
17driver's referral to that program. These reports received by
18the Secretary of State, including those required to be
19forwarded under paragraph (a)(4), shall be privileged
20information, available only (i) to the affected driver, (ii) to
21the parent or guardian of a person under the age of 18 years
22holding an instruction permit or a graduated driver's license,
23and (iii) for use by the courts, police officers, prosecuting
24authorities, the Secretary of State, and the driver licensing
25administrator of any other state. In accordance with 49 C.F.R.
26Part 384, all reports of court supervision, except violations

 

 

10100HB3653sam002- 150 -LRB101 05541 RLC 74919 a

1related to parking, shall be forwarded to the Secretary of
2State for all holders of a CLP or CDL or any driver who commits
3an offense while driving a commercial motor vehicle. These
4reports shall be recorded to the driver's record as a
5conviction for use in the disqualification of the driver's
6commercial motor vehicle privileges and shall not be privileged
7information.
8(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 
9    (625 ILCS 5/6-206)
10    Sec. 6-206. Discretionary authority to suspend or revoke
11license or permit; right to a hearing.
12    (a) The Secretary of State is authorized to suspend or
13revoke the driving privileges of any person without preliminary
14hearing upon a showing of the person's records or other
15sufficient evidence that the person:
16        1. Has committed an offense for which mandatory
17    revocation of a driver's license or permit is required upon
18    conviction;
19        2. Has been convicted of not less than 3 offenses
20    against traffic regulations governing the movement of
21    vehicles committed within any 12-month 12 month period. No
22    revocation or suspension shall be entered more than 6
23    months after the date of last conviction;
24        3. Has been repeatedly involved as a driver in motor
25    vehicle collisions or has been repeatedly convicted of

 

 

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1    offenses against laws and ordinances regulating the
2    movement of traffic, to a degree that indicates lack of
3    ability to exercise ordinary and reasonable care in the
4    safe operation of a motor vehicle or disrespect for the
5    traffic laws and the safety of other persons upon the
6    highway;
7        4. Has by the unlawful operation of a motor vehicle
8    caused or contributed to an accident resulting in injury
9    requiring immediate professional treatment in a medical
10    facility or doctor's office to any person, except that any
11    suspension or revocation imposed by the Secretary of State
12    under the provisions of this subsection shall start no
13    later than 6 months after being convicted of violating a
14    law or ordinance regulating the movement of traffic, which
15    violation is related to the accident, or shall start not
16    more than one year after the date of the accident,
17    whichever date occurs later;
18        5. Has permitted an unlawful or fraudulent use of a
19    driver's license, identification card, or permit;
20        6. Has been lawfully convicted of an offense or
21    offenses in another state, including the authorization
22    contained in Section 6-203.1, which if committed within
23    this State would be grounds for suspension or revocation;
24        7. Has refused or failed to submit to an examination
25    provided for by Section 6-207 or has failed to pass the
26    examination;

 

 

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1        8. Is ineligible for a driver's license or permit under
2    the provisions of Section 6-103;
3        9. Has made a false statement or knowingly concealed a
4    material fact or has used false information or
5    identification in any application for a license,
6    identification card, or permit;
7        10. Has possessed, displayed, or attempted to
8    fraudulently use any license, identification card, or
9    permit not issued to the person;
10        11. Has operated a motor vehicle upon a highway of this
11    State when the person's driving privilege or privilege to
12    obtain a driver's license or permit was revoked or
13    suspended unless the operation was authorized by a
14    monitoring device driving permit, judicial driving permit
15    issued prior to January 1, 2009, probationary license to
16    drive, or a restricted driving permit issued under this
17    Code;
18        12. Has submitted to any portion of the application
19    process for another person or has obtained the services of
20    another person to submit to any portion of the application
21    process for the purpose of obtaining a license,
22    identification card, or permit for some other person;
23        13. Has operated a motor vehicle upon a highway of this
24    State when the person's driver's license or permit was
25    invalid under the provisions of Sections 6-107.1 and 6-110;
26        14. Has committed a violation of Section 6-301,

 

 

10100HB3653sam002- 153 -LRB101 05541 RLC 74919 a

1    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
2    14B of the Illinois Identification Card Act;
3        15. Has been convicted of violating Section 21-2 of the
4    Criminal Code of 1961 or the Criminal Code of 2012 relating
5    to criminal trespass to vehicles if the person exercised
6    actual physical control over the vehicle during the
7    commission of the offense, in which case the suspension
8    shall be for one year;
9        16. Has been convicted of violating Section 11-204 of
10    this Code relating to fleeing from a peace officer;
11        17. Has refused to submit to a test, or tests, as
12    required under Section 11-501.1 of this Code and the person
13    has not sought a hearing as provided for in Section
14    11-501.1;
15        18. (Blank);
16        19. Has committed a violation of paragraph (a) or (b)
17    of Section 6-101 relating to driving without a driver's
18    license;
19        20. Has been convicted of violating Section 6-104
20    relating to classification of driver's license;
21        21. Has been convicted of violating Section 11-402 of
22    this Code relating to leaving the scene of an accident
23    resulting in damage to a vehicle in excess of $1,000, in
24    which case the suspension shall be for one year;
25        22. Has used a motor vehicle in violating paragraph
26    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of

 

 

10100HB3653sam002- 154 -LRB101 05541 RLC 74919 a

1    the Criminal Code of 1961 or the Criminal Code of 2012
2    relating to unlawful use of weapons, in which case the
3    suspension shall be for one year;
4        23. Has, as a driver, been convicted of committing a
5    violation of paragraph (a) of Section 11-502 of this Code
6    for a second or subsequent time within one year of a
7    similar violation;
8        24. Has been convicted by a court-martial or punished
9    by non-judicial punishment by military authorities of the
10    United States at a military installation in Illinois or in
11    another state of or for a traffic-related traffic related
12    offense that is the same as or similar to an offense
13    specified under Section 6-205 or 6-206 of this Code;
14        25. Has permitted any form of identification to be used
15    by another in the application process in order to obtain or
16    attempt to obtain a license, identification card, or
17    permit;
18        26. Has altered or attempted to alter a license or has
19    possessed an altered license, identification card, or
20    permit;
21        27. (Blank);
22        28. Has been convicted for a first time of the illegal
23    possession, while operating or in actual physical control,
24    as a driver, of a motor vehicle, of any controlled
25    substance prohibited under the Illinois Controlled
26    Substances Act, any cannabis prohibited under the Cannabis

 

 

10100HB3653sam002- 155 -LRB101 05541 RLC 74919 a

1    Control Act, or any methamphetamine prohibited under the
2    Methamphetamine Control and Community Protection Act, in
3    which case the person's driving privileges shall be
4    suspended for one year. Any defendant found guilty of this
5    offense while operating a motor vehicle, shall have an
6    entry made in the court record by the presiding judge that
7    this offense did occur while the defendant was operating a
8    motor vehicle and order the clerk of the court to report
9    the violation to the Secretary of State;
10        29. Has been convicted of the following offenses that
11    were committed while the person was operating or in actual
12    physical control, as a driver, of a motor vehicle: criminal
13    sexual assault, predatory criminal sexual assault of a
14    child, aggravated criminal sexual assault, criminal sexual
15    abuse, aggravated criminal sexual abuse, juvenile pimping,
16    soliciting for a juvenile prostitute, promoting juvenile
17    prostitution as described in subdivision (a)(1), (a)(2),
18    or (a)(3) of Section 11-14.4 of the Criminal Code of 1961
19    or the Criminal Code of 2012, and the manufacture, sale or
20    delivery of controlled substances or instruments used for
21    illegal drug use or abuse in which case the driver's
22    driving privileges shall be suspended for one year;
23        30. Has been convicted a second or subsequent time for
24    any combination of the offenses named in paragraph 29 of
25    this subsection, in which case the person's driving
26    privileges shall be suspended for 5 years;

 

 

10100HB3653sam002- 156 -LRB101 05541 RLC 74919 a

1        31. Has refused to submit to a test as required by
2    Section 11-501.6 of this Code or Section 5-16c of the Boat
3    Registration and Safety Act or has submitted to a test
4    resulting in an alcohol concentration of 0.08 or more or
5    any amount of a drug, substance, or compound resulting from
6    the unlawful use or consumption of cannabis as listed in
7    the Cannabis Control Act, a controlled substance as listed
8    in the Illinois Controlled Substances Act, an intoxicating
9    compound as listed in the Use of Intoxicating Compounds
10    Act, or methamphetamine as listed in the Methamphetamine
11    Control and Community Protection Act, in which case the
12    penalty shall be as prescribed in Section 6-208.1;
13        32. Has been convicted of Section 24-1.2 of the
14    Criminal Code of 1961 or the Criminal Code of 2012 relating
15    to the aggravated discharge of a firearm if the offender
16    was located in a motor vehicle at the time the firearm was
17    discharged, in which case the suspension shall be for 3
18    years;
19        33. Has as a driver, who was less than 21 years of age
20    on the date of the offense, been convicted a first time of
21    a violation of paragraph (a) of Section 11-502 of this Code
22    or a similar provision of a local ordinance;
23        34. Has committed a violation of Section 11-1301.5 of
24    this Code or a similar provision of a local ordinance;
25        35. Has committed a violation of Section 11-1301.6 of
26    this Code or a similar provision of a local ordinance;

 

 

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1        36. Is under the age of 21 years at the time of arrest
2    and has been convicted of not less than 2 offenses against
3    traffic regulations governing the movement of vehicles
4    committed within any 24-month 24 month period. No
5    revocation or suspension shall be entered more than 6
6    months after the date of last conviction;
7        37. Has committed a violation of subsection (c) of
8    Section 11-907 of this Code that resulted in damage to the
9    property of another or the death or injury of another;
10        38. Has been convicted of a violation of Section 6-20
11    of the Liquor Control Act of 1934 or a similar provision of
12    a local ordinance and the person was an occupant of a motor
13    vehicle at the time of the violation;
14        39. Has committed a second or subsequent violation of
15    Section 11-1201 of this Code;
16        40. Has committed a violation of subsection (a-1) of
17    Section 11-908 of this Code;
18        41. Has committed a second or subsequent violation of
19    Section 11-605.1 of this Code, a similar provision of a
20    local ordinance, or a similar violation in any other state
21    within 2 years of the date of the previous violation, in
22    which case the suspension shall be for 90 days;
23        42. Has committed a violation of subsection (a-1) of
24    Section 11-1301.3 of this Code or a similar provision of a
25    local ordinance;
26        43. Has received a disposition of court supervision for

 

 

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1    a violation of subsection (a), (d), or (e) of Section 6-20
2    of the Liquor Control Act of 1934 or a similar provision of
3    a local ordinance and the person was an occupant of a motor
4    vehicle at the time of the violation, in which case the
5    suspension shall be for a period of 3 months;
6        44. Is under the age of 21 years at the time of arrest
7    and has been convicted of an offense against traffic
8    regulations governing the movement of vehicles after
9    having previously had his or her driving privileges
10    suspended or revoked pursuant to subparagraph 36 of this
11    Section;
12        45. Has, in connection with or during the course of a
13    formal hearing conducted under Section 2-118 of this Code:
14    (i) committed perjury; (ii) submitted fraudulent or
15    falsified documents; (iii) submitted documents that have
16    been materially altered; or (iv) submitted, as his or her
17    own, documents that were in fact prepared or composed for
18    another person;
19        46. Has committed a violation of subsection (j) of
20    Section 3-413 of this Code;
21        47. Has committed a violation of subsection (a) of
22    Section 11-502.1 of this Code;
23        48. Has submitted a falsified or altered medical
24    examiner's certificate to the Secretary of State or
25    provided false information to obtain a medical examiner's
26    certificate; or

 

 

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1        49. Has committed a violation of subsection (b-5) of
2    Section 12-610.2 that resulted in great bodily harm,
3    permanent disability, or disfigurement, in which case the
4    driving privileges shall be suspended for 12 months; or .
5        50. 49. Has been convicted of a violation of Section
6    11-1002 or 11-1002.5 that resulted in a Type A injury to
7    another, in which case the person's driving privileges
8    shall be suspended for 12 months.
9    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
10and 27 of this subsection, license means any driver's license,
11any traffic ticket issued when the person's driver's license is
12deposited in lieu of bail, a suspension notice issued by the
13Secretary of State, a duplicate or corrected driver's license,
14a probationary driver's license, or a temporary driver's
15license.
16    (b) If any conviction forming the basis of a suspension or
17revocation authorized under this Section is appealed, the
18Secretary of State may rescind or withhold the entry of the
19order of suspension or revocation, as the case may be, provided
20that a certified copy of a stay order of a court is filed with
21the Secretary of State. If the conviction is affirmed on
22appeal, the date of the conviction shall relate back to the
23time the original judgment of conviction was entered and the
246-month 6 month limitation prescribed shall not apply.
25    (c) 1. Upon suspending or revoking the driver's license or
26permit of any person as authorized in this Section, the

 

 

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

 

 

10100HB3653sam002- 161 -LRB101 05541 RLC 74919 a

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1by mail that his or her driving privileges and driver's license
2will be suspended one month after the date of the mailing of
3the notice.
4    (c-5) The Secretary of State may, as a condition of the
5reissuance of a driver's license or permit to an applicant
6whose driver's license or permit has been suspended before he
7or she reached the age of 21 years pursuant to any of the
8provisions of this Section, require the applicant to
9participate in a driver remedial education course and be
10retested under Section 6-109 of this Code.
11    (d) This Section is subject to the provisions of the Driver
12Drivers License Compact.
13    (e) The Secretary of State shall not issue a restricted
14driving permit to a person under the age of 16 years whose
15driving privileges have been suspended or revoked under any
16provisions of this Code.
17    (f) In accordance with 49 C.F.R. 384, the Secretary of
18State may not issue a restricted driving permit for the
19operation of a commercial motor vehicle to a person holding a
20CDL whose driving privileges have been suspended, revoked,
21cancelled, or disqualified under any provisions of this Code.
22(Source: P.A. 100-803, eff. 1-1-19; 101-90, eff. 7-1-20;
23101-470, eff. 7-1-20; 101-623, eff. 7-1-20; revised 1-4-21.)
 
24    (625 ILCS 5/6-308)
25    Sec. 6-308. Procedures for traffic violations.

 

 

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1    (a) Any person cited for violating this Code or a similar
2provision of a local ordinance for which a violation is a petty
3offense as defined by Section 5-1-17 of the Unified Code of
4Corrections, excluding business offenses as defined by Section
55-1-2 of the Unified Code of Corrections or a violation of
6Section 15-111 or subsection (d) of Section 3-401 of this Code,
7shall not be required to sign the citation or post bond to
8secure bail for his or her release. All other provisions of
9this Code or similar provisions of local ordinances shall be
10governed by the pretrial release bail provisions of the
11Illinois Supreme Court Rules when it is not practical or
12feasible to take the person before a judge to have conditions
13of pretrial release bail set or to avoid undue delay because of
14the hour or circumstances.
15    (b) Whenever a person fails to appear in court, the court
16may continue the case for a minimum of 30 days and the clerk of
17the court shall send notice of the continued court date to the
18person's last known address. If the person does not appear in
19court on or before the continued court date or satisfy the
20court that the person's appearance in and surrender to the
21court is impossible for no fault of the person, the court shall
22enter an order of failure to appear. The clerk of the court
23shall notify the Secretary of State, on a report prescribed by
24the Secretary, of the court's order. The Secretary, when
25notified by the clerk of the court that an order of failure to
26appear has been entered, shall immediately suspend the person's

 

 

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

 

 

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1        (A) the number of grams of alcohol per 210 liters of
2    breath; or
3        (B) the number of grams of alcohol per 100 milliliters
4    of blood; or
5        (C) the number of grams of alcohol per 67 milliliters
6    of urine.
7    Alcohol tests administered within 2 hours of the driver
8being "stopped or detained" shall be considered that driver's
9"alcohol concentration" for the purposes of enforcing this
10UCDLA.
11    (3) (Blank).
12    (4) (Blank).
13    (5) (Blank).
14    (5.3) CDLIS driver record. "CDLIS driver record" means the
15electronic record of the individual CDL driver's status and
16history stored by the State-of-Record as part of the Commercial
17Driver's License Information System, or CDLIS, established
18under 49 U.S.C. 31309.
19    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
20record" or "CDLIS MVR" means a report generated from the CDLIS
21driver record meeting the requirements for access to CDLIS
22information and provided by states to users authorized in 49
23C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
24Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
25    (5.7) Commercial driver's license downgrade. "Commercial
26driver's license downgrade" or "CDL downgrade" means either:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1a vehicle. A person who is self-employed as a commercial motor
2vehicle driver must comply with the requirements of this UCDLA.
3    (15.1) Endorsement. "Endorsement" means an authorization
4to an individual's CLP or CDL required to permit the individual
5to operate certain types of commercial motor vehicles.
6    (15.2) Entry-level driver training. "Entry-level driver
7training" means the training an entry-level driver receives
8from an entity listed on the Federal Motor Carrier Safety
9Administration's Training Provider Registry prior to: (i)
10taking the CDL skills test required to receive the Class A or
11Class B CDL for the first time; (ii) taking the CDL skills test
12required to upgrade to a Class A or Class B CDL; or (iii)
13taking the CDL skills test required to obtain a passenger or
14school bus endorsement for the first time or the CDL knowledge
15test required to obtain a hazardous materials endorsement for
16the first time.
17    (15.3) Excepted interstate. "Excepted interstate" means a
18person who operates or expects to operate in interstate
19commerce, but engages exclusively in transportation or
20operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68, or
21398.3 from all or part of the qualification requirements of 49
22C.F.R. Part 391 and is not required to obtain a medical
23examiner's certificate by 49 C.F.R. 391.45.
24    (15.5) Excepted intrastate. "Excepted intrastate" means a
25person who operates in intrastate commerce but engages
26exclusively in transportation or operations excepted from all

 

 

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

 

 

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1endangerment to health, property, or the environment may occur
2before the reasonably foreseeable completion date of a formal
3proceeding begun to lessen the risk of that death, illness,
4injury or endangerment.
5    (20.6) Issuance. "Issuance" means initial issuance,
6transfer, renewal, or upgrade of a CLP or CDL and non-domiciled
7CLP or CDL.
8    (20.7) Issue. "Issue" means initial issuance, transfer,
9renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
10non-domiciled CDL.
11    (21) Long-term lease. "Long-term lease" means a lease of a
12commercial motor vehicle by the owner-lessor to a lessee, for a
13period of more than 29 days.
14    (21.01) Manual transmission. "Manual transmission" means a
15transmission utilizing a driver-operated clutch that is
16activated by a pedal or lever and a gear-shift mechanism
17operated either by hand or foot including those known as a
18stick shift, stick, straight drive, or standard transmission.
19All other transmissions, whether semi-automatic or automatic,
20shall be considered automatic for the purposes of the
21standardized restriction code.
22    (21.1) Medical examiner. "Medical examiner" means an
23individual certified by the Federal Motor Carrier Safety
24Administration and listed on the National Registry of Certified
25Medical Examiners in accordance with Federal Motor Carrier
26Safety Regulations, 49 CFR 390.101 et seq.

 

 

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1    (21.2) Medical examiner's certificate. "Medical examiner's
2certificate" means either (1) prior to June 22, 2021, a
3document prescribed or approved by the Secretary of State that
4is issued by a medical examiner to a driver to medically
5qualify him or her to drive; or (2) beginning June 22, 2021, an
6electronic submission of results of an examination conducted by
7a medical examiner listed on the National Registry of Certified
8Medical Examiners to the Federal Motor Carrier Safety
9Administration of a driver to medically qualify him or her to
10drive.
11    (21.5) Medical variance. "Medical variance" means a driver
12has received one of the following from the Federal Motor
13Carrier Safety Administration which allows the driver to be
14issued a medical certificate: (1) an exemption letter
15permitting operation of a commercial motor vehicle pursuant to
1649 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
17skill performance evaluation (SPE) certificate permitting
18operation of a commercial motor vehicle pursuant to 49 C.F.R.
19391.49.
20    (21.7) Mobile telephone. "Mobile telephone" means a mobile
21communication device that falls under or uses any commercial
22mobile radio service, as defined in regulations of the Federal
23Communications Commission, 47 CFR 20.3. It does not include
24two-way or citizens band radio services.
25    (22) Motor Vehicle. "Motor vehicle" means every vehicle
26which is self-propelled, and every vehicle which is propelled

 

 

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1by electric power obtained from over head trolley wires but not
2operated upon rails, except vehicles moved solely by human
3power and motorized wheel chairs.
4    (22.2) Motor vehicle record. "Motor vehicle record" means a
5report of the driving status and history of a driver generated
6from the driver record provided to users, such as drivers or
7employers, and is subject to the provisions of the Driver
8Privacy Protection Act, 18 U.S.C. 2721-2725.
9    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
10combination of motor vehicles not defined by the term
11"commercial motor vehicle" or "CMV" in this Section.
12    (22.7) Non-excepted interstate. "Non-excepted interstate"
13means a person who operates or expects to operate in interstate
14commerce, is subject to and meets the qualification
15requirements under 49 C.F.R. Part 391, and is required to
16obtain a medical examiner's certificate by 49 C.F.R. 391.45.
17    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
18means a person who operates only in intrastate commerce and is
19subject to State driver qualification requirements.
20    (23) Non-domiciled CLP or Non-domiciled CDL.
21"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
22respectively, issued by a state or other jurisdiction under
23either of the following two conditions:
24        (i) to an individual domiciled in a foreign country
25    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
26    of the Federal Motor Carrier Safety Administration.

 

 

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1        (ii) to an individual domiciled in another state
2    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
3    of the Federal Motor Carrier Safety Administration.
4    (24) (Blank).
5    (25) (Blank).
6    (25.5) Railroad-Highway Grade Crossing Violation.
7"Railroad-highway grade crossing violation" means a violation,
8while operating a commercial motor vehicle, of any of the
9following:
10        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
11        (B) Any other similar law or local ordinance of any
12    state relating to railroad-highway grade crossing.
13    (25.7) School Bus. "School bus" means a commercial motor
14vehicle used to transport pre-primary, primary, or secondary
15school students from home to school, from school to home, or to
16and from school-sponsored events. "School bus" does not include
17a bus used as a common carrier.
18    (26) Serious Traffic Violation. "Serious traffic
19violation" means:
20        (A) a conviction when operating a commercial motor
21    vehicle, or when operating a non-CMV while holding a CLP or
22    CDL, of:
23            (i) a violation relating to excessive speeding,
24        involving a single speeding charge of 15 miles per hour
25        or more above the legal speed limit; or
26            (ii) a violation relating to reckless driving; or

 

 

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1            (iii) a violation of any State law or local
2        ordinance relating to motor vehicle traffic control
3        (other than parking violations) arising in connection
4        with a fatal traffic accident; or
5            (iv) a violation of Section 6-501, relating to
6        having multiple driver's licenses; or
7            (v) a violation of paragraph (a) of Section 6-507,
8        relating to the requirement to have a valid CLP or CDL;
9        or
10            (vi) a violation relating to improper or erratic
11        traffic lane changes; or
12            (vii) a violation relating to following another
13        vehicle too closely; or
14            (viii) a violation relating to texting while
15        driving; or
16            (ix) a violation relating to the use of a hand-held
17        mobile telephone while driving; or
18        (B) any other similar violation of a law or local
19    ordinance of any state relating to motor vehicle traffic
20    control, other than a parking violation, which the
21    Secretary of State determines by administrative rule to be
22    serious.
23    (27) State. "State" means a state of the United States, the
24District of Columbia and any province or territory of Canada.
25    (28) (Blank).
26    (29) (Blank).

 

 

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1    (30) (Blank).
2    (31) (Blank).
3    (32) Texting. "Texting" means manually entering
4alphanumeric text into, or reading text from, an electronic
5device.
6        (1) Texting includes, but is not limited to, short
7    message service, emailing, instant messaging, a command or
8    request to access a World Wide Web page, pressing more than
9    a single button to initiate or terminate a voice
10    communication using a mobile telephone, or engaging in any
11    other form of electronic text retrieval or entry for
12    present or future communication.
13        (2) Texting does not include:
14            (i) inputting, selecting, or reading information
15        on a global positioning system or navigation system; or
16            (ii) pressing a single button to initiate or
17        terminate a voice communication using a mobile
18        telephone; or
19            (iii) using a device capable of performing
20        multiple functions (for example, a fleet management
21        system, dispatching device, smart phone, citizens band
22        radio, or music player) for a purpose that is not
23        otherwise prohibited by Part 392 of the Federal Motor
24        Carrier Safety Regulations.
25    (32.3) Third party skills test examiner. "Third party
26skills test examiner" means a person employed by a third party

 

 

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1tester who is authorized by the State to administer the CDL
2skills tests specified in 49 C.F.R. Part 383, subparts G and H.
3    (32.5) Third party tester. "Third party tester" means a
4person (including, but not limited to, another state, a motor
5carrier, a private driver training facility or other private
6institution, or a department, agency, or instrumentality of a
7local government) authorized by the State to employ skills test
8examiners to administer the CDL skills tests specified in 49
9C.F.R. Part 383, subparts G and H.
10    (32.7) United States. "United States" means the 50 states
11and the District of Columbia.
12    (33) Use a hand-held mobile telephone. "Use a hand-held
13mobile telephone" means:
14        (1) using at least one hand to hold a mobile telephone
15    to conduct a voice communication;
16        (2) dialing or answering a mobile telephone by pressing
17    more than a single button; or
18        (3) reaching for a mobile telephone in a manner that
19    requires a driver to maneuver so that he or she is no
20    longer in a seated driving position, restrained by a seat
21    belt that is installed in accordance with 49 CFR 393.93 and
22    adjusted in accordance with the vehicle manufacturer's
23    instructions.
24(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)
 
25    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)

 

 

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1    Sec. 6-601. Penalties.
2    (a) It is a petty offense for any person to violate any of
3the provisions of this Chapter unless such violation is by this
4Code or other law of this State declared to be a misdemeanor or
5a felony.
6    (b) General penalties. Unless another penalty is in this
7Code or other laws of this State, every person convicted of a
8petty offense for the violation of any provision of this
9Chapter shall be punished by a fine of not more than $500.
10    (c) Unlicensed driving. Except as hereinafter provided a
11violation of Section 6-101 shall be:
12        1. A Class A misdemeanor if the person failed to obtain
13    a driver's license or permit after expiration of a period
14    of revocation.
15        2. A Class B misdemeanor if the person has been issued
16    a driver's license or permit, which has expired, and if the
17    period of expiration is greater than one year; or if the
18    person has never been issued a driver's license or permit,
19    or is not qualified to obtain a driver's license or permit
20    because of his age.
21        3. A petty offense if the person has been issued a
22    temporary visitor's driver's license or permit and is
23    unable to provide proof of liability insurance as provided
24    in subsection (d-5) of Section 6-105.1.
25    If a licensee under this Code is convicted of violating
26Section 6-303 for operating a motor vehicle during a time when

 

 

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1such licensee's driver's license was suspended under the
2provisions of Section 6-306.3 or 6-308, then such act shall be
3a petty offense (provided the licensee has answered the charge
4which was the basis of the suspension under Section 6-306.3 or
56-308), and there shall be imposed no additional like period of
6suspension as provided in paragraph (b) of Section 6-303.
7    (d) For violations of this Code or a similar provision of a
8local ordinance for which a violation is a petty offense as
9defined by Section 5-1-17 of the Unified Code of Corrections,
10excluding business offenses as defined by Section 5-1-2 of the
11Unified Code of Corrections or a violation of Section 15-111 or
12subsection (d) of Section 3-401 of this Code, if the violation
13may be satisfied without a court appearance, the violator may,
14pursuant to Supreme Court Rule, satisfy the case with a written
15plea of guilty and payment of fines, penalties, and costs as
16equal to the bail amount established by the Supreme Court for
17the offense.
18(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
1998-1134, eff. 1-1-15.)
 
20    (625 ILCS 5/16-103)  (from Ch. 95 1/2, par. 16-103)
21    Sec. 16-103. Arrest outside county where violation
22committed.
23    Whenever a defendant is arrested upon a warrant charging a
24violation of this Act in a county other than that in which such
25warrant was issued, the arresting officer, immediately upon the

 

 

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1request of the defendant, shall take such defendant before a
2circuit judge or associate circuit judge in the county in which
3the arrest was made who shall admit the defendant to pretrial
4release bail for his appearance before the court named in the
5warrant. On setting the conditions of pretrial release taking
6such bail the circuit judge or associate circuit judge shall
7certify such fact on the warrant and deliver the warrant and
8conditions of pretrial release undertaking of bail or other
9security, or the drivers license of such defendant if
10deposited, under the law relating to such licenses, in lieu of
11such security, to the officer having charge of the defendant.
12Such officer shall then immediately discharge the defendant
13from arrest and without delay deliver such warrant and such
14acknowledgment by the defendant of his or her receiving the
15conditions of pretrial release undertaking of bail, or other
16security or drivers license to the court before which the
17defendant is required to appear.
18(Source: P.A. 77-1280.)
 
19    Section 10-191. The Illinois Vehicle Code is amended by
20changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
2111-208.9, and 11-1201.1 as follows:
 
22    (625 ILCS 5/6-209.1)
23    Sec. 6-209.1. Restoration of driving privileges;
24revocation; suspension; cancellation.

 

 

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1    (a) The Secretary shall rescind the suspension or
2cancellation of a person's driver's license that has been
3suspended or canceled before July 1, 2020 (the effective date
4of Public Act 101-623) this amendatory Act of the 101st General
5Assembly due to:
6        (1) the person being convicted of theft of motor fuel
7    under Section Sections 16-25 or 16K-15 of the Criminal Code
8    of 1961 or the Criminal Code of 2012;
9        (2) the person, since the issuance of the driver's
10    license, being adjudged to be afflicted with or suffering
11    from any mental disability or disease;
12        (3) a violation of Section 6-16 of the Liquor Control
13    Act of 1934 or a similar provision of a local ordinance;
14        (4) the person being convicted of a violation of
15    Section 6-20 of the Liquor Control Act of 1934 or a similar
16    provision of a local ordinance, if the person presents a
17    certified copy of a court order that includes a finding
18    that the person was not an occupant of a motor vehicle at
19    the time of the violation;
20        (5) the person receiving a disposition of court
21    supervision for a violation of subsection subsections (a),
22    (d), or (e) of Section 6-20 of the Liquor Control Act of
23    1934 or a similar provision of a local ordinance, if the
24    person presents a certified copy of a court order that
25    includes a finding that the person was not an occupant of a
26    motor vehicle at the time of the violation;

 

 

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1        (6) the person failing to pay any fine or penalty due
2    or owing as a result of 10 or more violations of a
3    municipality's or county's vehicular standing, parking, or
4    compliance regulations established by ordinance under
5    Section 11-208.3 of this Code;
6        (7) the person failing to satisfy any fine or penalty
7    resulting from a final order issued by the Illinois State
8    Toll Highway Authority relating directly or indirectly to 5
9    or more toll violations, toll evasions, or both;
10        (8) the person being convicted of a violation of
11    Section 4-102 of this Code, if the person presents a
12    certified copy of a court order that includes a finding
13    that the person did not exercise actual physical control of
14    the vehicle at the time of the violation; or
15        (9) the person being convicted of criminal trespass to
16    vehicles under Section 21-2 of the Criminal Code of 2012,
17    if the person presents a certified copy of a court order
18    that includes a finding that the person did not exercise
19    actual physical control of the vehicle at the time of the
20    violation.
21    (b) As soon as practicable and no later than July 1, 2021,
22the Secretary shall rescind the suspension, cancellation, or
23prohibition of renewal of a person's driver's license that has
24been suspended, canceled, or whose renewal has been prohibited
25before the effective date of this amendatory Act of the 101st
26General Assembly due to the person having failed to pay any

 

 

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1fine or penalty for traffic violations, automated traffic law
2enforcement system violations as defined in Sections 11-208.6,
3and 11-208.8,11-208.9, and 11-1201.1, or abandoned vehicle
4fees.
5(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
 
6    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
7    Sec. 11-208.3. Administrative adjudication of violations
8of traffic regulations concerning the standing, parking, or
9condition of vehicles, automated traffic law violations, and
10automated speed enforcement system violations.
11    (a) Any municipality or county may provide by ordinance for
12a system of administrative adjudication of vehicular standing
13and parking violations and vehicle compliance violations as
14described in this subsection, automated traffic law violations
15as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
16automated speed enforcement system violations as defined in
17Section 11-208.8. The administrative system shall have as its
18purpose the fair and efficient enforcement of municipal or
19county regulations through the administrative adjudication of
20automated speed enforcement system or automated traffic law
21violations and violations of municipal or county ordinances
22regulating the standing and parking of vehicles, the condition
23and use of vehicle equipment, and the display of municipal or
24county wheel tax licenses within the municipality's or county's
25borders. The administrative system shall only have authority to

 

 

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1adjudicate civil offenses carrying fines not in excess of $500
2or requiring the completion of a traffic education program, or
3both, that occur after the effective date of the ordinance
4adopting such a system under this Section. For purposes of this
5Section, "compliance violation" means a violation of a
6municipal or county regulation governing the condition or use
7of equipment on a vehicle or governing the display of a
8municipal or county wheel tax license.
9    (b) Any ordinance establishing a system of administrative
10adjudication under this Section shall provide for:
11        (1) A traffic compliance administrator authorized to
12    adopt, distribute, and process parking, compliance, and
13    automated speed enforcement system or automated traffic
14    law violation notices and other notices required by this
15    Section, collect money paid as fines and penalties for
16    violation of parking and compliance ordinances and
17    automated speed enforcement system or automated traffic
18    law violations, and operate an administrative adjudication
19    system. The traffic compliance administrator also may make
20    a certified report to the Secretary of State under Section
21    6-306.5.
22        (2) A parking, standing, compliance, automated speed
23    enforcement system, or automated traffic law violation
24    notice that shall specify or include the date, time, and
25    place of violation of a parking, standing, compliance,
26    automated speed enforcement system, or automated traffic

 

 

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1    law regulation; the particular regulation violated; any
2    requirement to complete a traffic education program; the
3    fine and any penalty that may be assessed for late payment
4    or failure to complete a required traffic education
5    program, or both, when so provided by ordinance; the
6    vehicle make or a photograph of the vehicle; the state
7    registration number of the vehicle; and the identification
8    number of the person issuing the notice. With regard to
9    automated speed enforcement system or automated traffic
10    law violations, vehicle make shall be specified on the
11    automated speed enforcement system or automated traffic
12    law violation notice if the notice does not include a
13    photograph of the vehicle and the make is available and
14    readily discernible. With regard to municipalities or
15    counties with a population of 1 million or more, it shall
16    be grounds for dismissal of a parking violation if the
17    state registration number or vehicle make specified is
18    incorrect. The violation notice shall state that the
19    completion of any required traffic education program, the
20    payment of any indicated fine, and the payment of any
21    applicable penalty for late payment or failure to complete
22    a required traffic education program, or both, shall
23    operate as a final disposition of the violation. The notice
24    also shall contain information as to the availability of a
25    hearing in which the violation may be contested on its
26    merits. The violation notice shall specify the time and

 

 

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1    manner in which a hearing may be had.
2        (3) Service of a parking, standing, or compliance
3    violation notice by: (i) affixing the original or a
4    facsimile of the notice to an unlawfully parked or standing
5    vehicle; (ii) handing the notice to the operator of a
6    vehicle if he or she is present; or (iii) mailing the
7    notice to the address of the registered owner or lessee of
8    the cited vehicle as recorded with the Secretary of State
9    or the lessor of the motor vehicle within 30 days after the
10    Secretary of State or the lessor of the motor vehicle
11    notifies the municipality or county of the identity of the
12    owner or lessee of the vehicle, but not later than 90 days
13    after the date of the violation, except that in the case of
14    a lessee of a motor vehicle, service of a parking,
15    standing, or compliance violation notice may occur no later
16    than 210 days after the violation; and service of an
17    automated speed enforcement system or automated traffic
18    law violation notice by mail to the address of the
19    registered owner or lessee of the cited vehicle as recorded
20    with the Secretary of State or the lessor of the motor
21    vehicle within 30 days after the Secretary of State or the
22    lessor of the motor vehicle notifies the municipality or
23    county of the identity of the owner or lessee of the
24    vehicle, but not later than 90 days after the violation,
25    except that in the case of a lessee of a motor vehicle,
26    service of an automated traffic law violation notice may

 

 

10100HB3653sam002- 194 -LRB101 05541 RLC 74919 a

1    occur no later than 210 days after the violation. A person
2    authorized by ordinance to issue and serve parking,
3    standing, and compliance violation notices shall certify
4    as to the correctness of the facts entered on the violation
5    notice by signing his or her name to the notice at the time
6    of service or, in the case of a notice produced by a
7    computerized device, by signing a single certificate to be
8    kept by the traffic compliance administrator attesting to
9    the correctness of all notices produced by the device while
10    it was under his or her control. In the case of an
11    automated traffic law violation, the ordinance shall
12    require a determination by a technician employed or
13    contracted by the municipality or county that, based on
14    inspection of recorded images, the motor vehicle was being
15    operated in violation of Section 11-208.6, 11-208.9, or
16    11-1201.1 or a local ordinance. If the technician
17    determines that the vehicle entered the intersection as
18    part of a funeral procession or in order to yield the
19    right-of-way to an emergency vehicle, a citation shall not
20    be issued. In municipalities with a population of less than
21    1,000,000 inhabitants and counties with a population of
22    less than 3,000,000 inhabitants, the automated traffic law
23    ordinance shall require that all determinations by a
24    technician that a motor vehicle was being operated in
25    violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
26    local ordinance must be reviewed and approved by a law

 

 

10100HB3653sam002- 195 -LRB101 05541 RLC 74919 a

1    enforcement officer or retired law enforcement officer of
2    the municipality or county issuing the violation. In
3    municipalities with a population of 1,000,000 or more
4    inhabitants and counties with a population of 3,000,000 or
5    more inhabitants, the automated traffic law ordinance
6    shall require that all determinations by a technician that
7    a motor vehicle was being operated in violation of Section
8    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
9    be reviewed and approved by a law enforcement officer or
10    retired law enforcement officer of the municipality or
11    county issuing the violation or by an additional fully
12    trained fully-trained reviewing technician who is not
13    employed by the contractor who employs the technician who
14    made the initial determination. In the case of an automated
15    speed enforcement system violation, the ordinance shall
16    require a determination by a technician employed by the
17    municipality, based upon an inspection of recorded images,
18    video or other documentation, including documentation of
19    the speed limit and automated speed enforcement signage,
20    and documentation of the inspection, calibration, and
21    certification of the speed equipment, that the vehicle was
22    being operated in violation of Article VI of Chapter 11 of
23    this Code or a similar local ordinance. If the technician
24    determines that the vehicle speed was not determined by a
25    calibrated, certified speed equipment device based upon
26    the speed equipment documentation, or if the vehicle was an

 

 

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1    emergency vehicle, a citation may not be issued. The
2    automated speed enforcement ordinance shall require that
3    all determinations by a technician that a violation
4    occurred be reviewed and approved by a law enforcement
5    officer or retired law enforcement officer of the
6    municipality issuing the violation or by an additional
7    fully trained reviewing technician who is not employed by
8    the contractor who employs the technician who made the
9    initial determination. Routine and independent calibration
10    of the speeds produced by automated speed enforcement
11    systems and equipment shall be conducted annually by a
12    qualified technician. Speeds produced by an automated
13    speed enforcement system shall be compared with speeds
14    produced by lidar or other independent equipment. Radar or
15    lidar equipment shall undergo an internal validation test
16    no less frequently than once each week. Qualified
17    technicians shall test loop-based loop based equipment no
18    less frequently than once a year. Radar equipment shall be
19    checked for accuracy by a qualified technician when the
20    unit is serviced, when unusual or suspect readings persist,
21    or when deemed necessary by a reviewing technician. Radar
22    equipment shall be checked with the internal frequency
23    generator and the internal circuit test whenever the radar
24    is turned on. Technicians must be alert for any unusual or
25    suspect readings, and if unusual or suspect readings of a
26    radar unit persist, that unit shall immediately be removed

 

 

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1    from service and not returned to service until it has been
2    checked by a qualified technician and determined to be
3    functioning properly. Documentation of the annual
4    calibration results, including the equipment tested, test
5    date, technician performing the test, and test results,
6    shall be maintained and available for use in the
7    determination of an automated speed enforcement system
8    violation and issuance of a citation. The technician
9    performing the calibration and testing of the automated
10    speed enforcement equipment shall be trained and certified
11    in the use of equipment for speed enforcement purposes.
12    Training on the speed enforcement equipment may be
13    conducted by law enforcement, civilian, or manufacturer's
14    personnel and if applicable may be equivalent to the
15    equipment use and operations training included in the Speed
16    Measuring Device Operator Program developed by the
17    National Highway Traffic Safety Administration (NHTSA).
18    The vendor or technician who performs the work shall keep
19    accurate records on each piece of equipment the technician
20    calibrates and tests. As used in this paragraph, "fully
21    trained fully-trained reviewing technician" means a person
22    who has received at least 40 hours of supervised training
23    in subjects which shall include image inspection and
24    interpretation, the elements necessary to prove a
25    violation, license plate identification, and traffic
26    safety and management. In all municipalities and counties,

 

 

10100HB3653sam002- 198 -LRB101 05541 RLC 74919 a

1    the automated speed enforcement system or automated
2    traffic law ordinance shall require that no additional fee
3    shall be charged to the alleged violator for exercising his
4    or her right to an administrative hearing, and persons
5    shall be given at least 25 days following an administrative
6    hearing to pay any civil penalty imposed by a finding that
7    Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
8    similar local ordinance has been violated. The original or
9    a facsimile of the violation notice or, in the case of a
10    notice produced by a computerized device, a printed record
11    generated by the device showing the facts entered on the
12    notice, shall be retained by the traffic compliance
13    administrator, and shall be a record kept in the ordinary
14    course of business. A parking, standing, compliance,
15    automated speed enforcement system, or automated traffic
16    law violation notice issued, signed, and served in
17    accordance with this Section, a copy of the notice, or the
18    computer-generated computer generated record shall be
19    prima facie correct and shall be prima facie evidence of
20    the correctness of the facts shown on the notice. The
21    notice, copy, or computer-generated computer generated
22    record shall be admissible in any subsequent
23    administrative or legal proceedings.
24        (4) An opportunity for a hearing for the registered
25    owner of the vehicle cited in the parking, standing,
26    compliance, automated speed enforcement system, or

 

 

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1    automated traffic law violation notice in which the owner
2    may contest the merits of the alleged violation, and during
3    which formal or technical rules of evidence shall not
4    apply; provided, however, that under Section 11-1306 of
5    this Code the lessee of a vehicle cited in the violation
6    notice likewise shall be provided an opportunity for a
7    hearing of the same kind afforded the registered owner. The
8    hearings shall be recorded, and the person conducting the
9    hearing on behalf of the traffic compliance administrator
10    shall be empowered to administer oaths and to secure by
11    subpoena both the attendance and testimony of witnesses and
12    the production of relevant books and papers. Persons
13    appearing at a hearing under this Section may be
14    represented by counsel at their expense. The ordinance may
15    also provide for internal administrative review following
16    the decision of the hearing officer.
17        (5) Service of additional notices, sent by first class
18    United States mail, postage prepaid, to the address of the
19    registered owner of the cited vehicle as recorded with the
20    Secretary of State or, if any notice to that address is
21    returned as undeliverable, to the last known address
22    recorded in a United States Post Office approved database,
23    or, under Section 11-1306 or subsection (p) of Section
24    11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
25    of this Code, to the lessee of the cited vehicle at the
26    last address known to the lessor of the cited vehicle at

 

 

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1    the time of lease or, if any notice to that address is
2    returned as undeliverable, to the last known address
3    recorded in a United States Post Office approved database.
4    The service shall be deemed complete as of the date of
5    deposit in the United States mail. The notices shall be in
6    the following sequence and shall include, but not be
7    limited to, the information specified herein:
8            (i) A second notice of parking, standing, or
9        compliance violation if the first notice of the
10        violation was issued by affixing the original or a
11        facsimile of the notice to the unlawfully parked
12        vehicle or by handing the notice to the operator. This
13        notice shall specify or include the date and location
14        of the violation cited in the parking, standing, or
15        compliance violation notice, the particular regulation
16        violated, the vehicle make or a photograph of the
17        vehicle, the state registration number of the vehicle,
18        any requirement to complete a traffic education
19        program, the fine and any penalty that may be assessed
20        for late payment or failure to complete a traffic
21        education program, or both, when so provided by
22        ordinance, the availability of a hearing in which the
23        violation may be contested on its merits, and the time
24        and manner in which the hearing may be had. The notice
25        of violation shall also state that failure to complete
26        a required traffic education program, to pay the

 

 

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1        indicated fine and any applicable penalty, or to appear
2        at a hearing on the merits in the time and manner
3        specified, will result in a final determination of
4        violation liability for the cited violation in the
5        amount of the fine or penalty indicated, and that, upon
6        the occurrence of a final determination of violation
7        liability for the failure, and the exhaustion of, or
8        failure to exhaust, available administrative or
9        judicial procedures for review, any incomplete traffic
10        education program or any unpaid fine or penalty, or
11        both, will constitute a debt due and owing the
12        municipality or county.
13            (ii) A notice of final determination of parking,
14        standing, compliance, automated speed enforcement
15        system, or automated traffic law violation liability.
16        This notice shall be sent following a final
17        determination of parking, standing, compliance,
18        automated speed enforcement system, or automated
19        traffic law violation liability and the conclusion of
20        judicial review procedures taken under this Section.
21        The notice shall state that the incomplete traffic
22        education program or the unpaid fine or penalty, or
23        both, is a debt due and owing the municipality or
24        county. The notice shall contain warnings that failure
25        to complete any required traffic education program or
26        to pay any fine or penalty due and owing the

 

 

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1        municipality or county, or both, within the time
2        specified may result in the municipality's or county's
3        filing of a petition in the Circuit Court to have the
4        incomplete traffic education program or unpaid fine or
5        penalty, or both, rendered a judgment as provided by
6        this Section, or, where applicable, may result in
7        suspension of the person's driver's drivers license
8        for failure to complete a traffic education program or
9        to pay fines or penalties, or both, for 5 or more
10        automated traffic law violations under Section
11        11-208.6 or 11-208.9 or automated speed enforcement
12        system violations under Section 11-208.8.
13        (6) A notice of impending driver's drivers license
14    suspension. This notice shall be sent to the person liable
15    for failure to complete a required traffic education
16    program or to pay any fine or penalty that remains due and
17    owing, or both, on 5 or more unpaid automated speed
18    enforcement system or automated traffic law violations.
19    The notice shall state that failure to complete a required
20    traffic education program or to pay the fine or penalty
21    owing, or both, within 45 days of the notice's date will
22    result in the municipality or county notifying the
23    Secretary of State that the person is eligible for
24    initiation of suspension proceedings under Section 6-306.5
25    of this Code. The notice shall also state that the person
26    may obtain a photostatic copy of an original ticket

 

 

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1    imposing a fine or penalty by sending a self-addressed self
2    addressed, stamped envelope to the municipality or county
3    along with a request for the photostatic copy. The notice
4    of impending driver's drivers license suspension shall be
5    sent by first class United States mail, postage prepaid, to
6    the address recorded with the Secretary of State or, if any
7    notice to that address is returned as undeliverable, to the
8    last known address recorded in a United States Post Office
9    approved database.
10        (7) Final determinations of violation liability. A
11    final determination of violation liability shall occur
12    following failure to complete the required traffic
13    education program or to pay the fine or penalty, or both,
14    after a hearing officer's determination of violation
15    liability and the exhaustion of or failure to exhaust any
16    administrative review procedures provided by ordinance.
17    Where a person fails to appear at a hearing to contest the
18    alleged violation in the time and manner specified in a
19    prior mailed notice, the hearing officer's determination
20    of violation liability shall become final: (A) upon denial
21    of a timely petition to set aside that determination, or
22    (B) upon expiration of the period for filing the petition
23    without a filing having been made.
24        (8) A petition to set aside a determination of parking,
25    standing, compliance, automated speed enforcement system,
26    or automated traffic law violation liability that may be

 

 

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1    filed by a person owing an unpaid fine or penalty. A
2    petition to set aside a determination of liability may also
3    be filed by a person required to complete a traffic
4    education program. The petition shall be filed with and
5    ruled upon by the traffic compliance administrator in the
6    manner and within the time specified by ordinance. The
7    grounds for the petition may be limited to: (A) the person
8    not having been the owner or lessee of the cited vehicle on
9    the date the violation notice was issued, (B) the person
10    having already completed the required traffic education
11    program or paid the fine or penalty, or both, for the
12    violation in question, and (C) excusable failure to appear
13    at or request a new date for a hearing. With regard to
14    municipalities or counties with a population of 1 million
15    or more, it shall be grounds for dismissal of a parking
16    violation if the state registration number or vehicle make,
17    only if specified in the violation notice, is incorrect.
18    After the determination of parking, standing, compliance,
19    automated speed enforcement system, or automated traffic
20    law violation liability has been set aside upon a showing
21    of just cause, the registered owner shall be provided with
22    a hearing on the merits for that violation.
23        (9) Procedures for non-residents. Procedures by which
24    persons who are not residents of the municipality or county
25    may contest the merits of the alleged violation without
26    attending a hearing.

 

 

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1        (10) A schedule of civil fines for violations of
2    vehicular standing, parking, compliance, automated speed
3    enforcement system, or automated traffic law regulations
4    enacted by ordinance pursuant to this Section, and a
5    schedule of penalties for late payment of the fines or
6    failure to complete required traffic education programs,
7    provided, however, that the total amount of the fine and
8    penalty for any one violation shall not exceed $250, except
9    as provided in subsection (c) of Section 11-1301.3 of this
10    Code.
11        (11) Other provisions as are necessary and proper to
12    carry into effect the powers granted and purposes stated in
13    this Section.
14    (c) Any municipality or county establishing vehicular
15standing, parking, compliance, automated speed enforcement
16system, or automated traffic law regulations under this Section
17may also provide by ordinance for a program of vehicle
18immobilization for the purpose of facilitating enforcement of
19those regulations. The program of vehicle immobilization shall
20provide for immobilizing any eligible vehicle upon the public
21way by presence of a restraint in a manner to prevent operation
22of the vehicle. Any ordinance establishing a program of vehicle
23immobilization under this Section shall provide:
24        (1) Criteria for the designation of vehicles eligible
25    for immobilization. A vehicle shall be eligible for
26    immobilization when the registered owner of the vehicle has

 

 

10100HB3653sam002- 206 -LRB101 05541 RLC 74919 a

1    accumulated the number of incomplete traffic education
2    programs or unpaid final determinations of parking,
3    standing, compliance, automated speed enforcement system,
4    or automated traffic law violation liability, or both, as
5    determined by ordinance.
6        (2) A notice of impending vehicle immobilization and a
7    right to a hearing to challenge the validity of the notice
8    by disproving liability for the incomplete traffic
9    education programs or unpaid final determinations of
10    parking, standing, compliance, automated speed enforcement
11    system, or automated traffic law violation liability, or
12    both, listed on the notice.
13        (3) The right to a prompt hearing after a vehicle has
14    been immobilized or subsequently towed without the
15    completion of the required traffic education program or
16    payment of the outstanding fines and penalties on parking,
17    standing, compliance, automated speed enforcement system,
18    or automated traffic law violations, or both, for which
19    final determinations have been issued. An order issued
20    after the hearing is a final administrative decision within
21    the meaning of Section 3-101 of the Code of Civil
22    Procedure.
23        (4) A post immobilization and post-towing notice
24    advising the registered owner of the vehicle of the right
25    to a hearing to challenge the validity of the impoundment.
26    (d) Judicial review of final determinations of parking,

 

 

10100HB3653sam002- 207 -LRB101 05541 RLC 74919 a

1standing, compliance, automated speed enforcement system, or
2automated traffic law violations and final administrative
3decisions issued after hearings regarding vehicle
4immobilization and impoundment made under this Section shall be
5subject to the provisions of the Administrative Review Law.
6    (e) Any fine, penalty, incomplete traffic education
7program, or part of any fine or any penalty remaining unpaid
8after the exhaustion of, or the failure to exhaust,
9administrative remedies created under this Section and the
10conclusion of any judicial review procedures shall be a debt
11due and owing the municipality or county and, as such, may be
12collected in accordance with applicable law. Completion of any
13required traffic education program and payment in full of any
14fine or penalty resulting from a standing, parking, compliance,
15automated speed enforcement system, or automated traffic law
16violation shall constitute a final disposition of that
17violation.
18    (f) After the expiration of the period within which
19judicial review may be sought for a final determination of
20parking, standing, compliance, automated speed enforcement
21system, or automated traffic law violation, the municipality or
22county may commence a proceeding in the Circuit Court for
23purposes of obtaining a judgment on the final determination of
24violation. Nothing in this Section shall prevent a municipality
25or county from consolidating multiple final determinations of
26parking, standing, compliance, automated speed enforcement

 

 

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1system, or automated traffic law violations against a person in
2a proceeding. Upon commencement of the action, the municipality
3or county shall file a certified copy or record of the final
4determination of parking, standing, compliance, automated
5speed enforcement system, or automated traffic law violation,
6which shall be accompanied by a certification that recites
7facts sufficient to show that the final determination of
8violation was issued in accordance with this Section and the
9applicable municipal or county ordinance. Service of the
10summons and a copy of the petition may be by any method
11provided by Section 2-203 of the Code of Civil Procedure or by
12certified mail, return receipt requested, provided that the
13total amount of fines and penalties for final determinations of
14parking, standing, compliance, automated speed enforcement
15system, or automated traffic law violations does not exceed
16$2500. If the court is satisfied that the final determination
17of parking, standing, compliance, automated speed enforcement
18system, or automated traffic law violation was entered in
19accordance with the requirements of this Section and the
20applicable municipal or county ordinance, and that the
21registered owner or the lessee, as the case may be, had an
22opportunity for an administrative hearing and for judicial
23review as provided in this Section, the court shall render
24judgment in favor of the municipality or county and against the
25registered owner or the lessee for the amount indicated in the
26final determination of parking, standing, compliance,

 

 

10100HB3653sam002- 209 -LRB101 05541 RLC 74919 a

1automated speed enforcement system, or automated traffic law
2violation, plus costs. The judgment shall have the same effect
3and may be enforced in the same manner as other judgments for
4the recovery of money.
5    (g) The fee for participating in a traffic education
6program under this Section shall not exceed $25.
7    A low-income individual required to complete a traffic
8education program under this Section who provides proof of
9eligibility for the federal earned income tax credit under
10Section 32 of the Internal Revenue Code or the Illinois earned
11income tax credit under Section 212 of the Illinois Income Tax
12Act shall not be required to pay any fee for participating in a
13required traffic education program.
14(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
15revised 12-21-20.)
 
16    (625 ILCS 5/11-208.6)
17    Sec. 11-208.6. Automated traffic law enforcement system.
18    (a) As used in this Section, "automated traffic law
19enforcement system" means a device with one or more motor
20vehicle sensors working in conjunction with a red light signal
21to produce recorded images of motor vehicles entering an
22intersection against a red signal indication in violation of
23Section 11-306 of this Code or a similar provision of a local
24ordinance.
25    An automated traffic law enforcement system is a system, in

 

 

10100HB3653sam002- 210 -LRB101 05541 RLC 74919 a

1a municipality or county operated by a governmental agency,
2that produces a recorded image of a motor vehicle's violation
3of a provision of this Code or a local ordinance and is
4designed to obtain a clear recorded image of the vehicle and
5the vehicle's license plate. The recorded image must also
6display the time, date, and location of the violation.
7    (b) As used in this Section, "recorded images" means images
8recorded by an automated traffic law enforcement system on:
9        (1) 2 or more photographs;
10        (2) 2 or more microphotographs;
11        (3) 2 or more electronic images; or
12        (4) a video recording showing the motor vehicle and, on
13    at least one image or portion of the recording, clearly
14    identifying the registration plate or digital registration
15    plate number of the motor vehicle.
16    (b-5) A municipality or county that produces a recorded
17image of a motor vehicle's violation of a provision of this
18Code or a local ordinance must make the recorded images of a
19violation accessible to the alleged violator by providing the
20alleged violator with a website address, accessible through the
21Internet.
22    (c) Except as provided under Section 11-208.8 of this Code,
23a county or municipality, including a home rule county or
24municipality, may not use an automated traffic law enforcement
25system to provide recorded images of a motor vehicle for the
26purpose of recording its speed. Except as provided under

 

 

10100HB3653sam002- 211 -LRB101 05541 RLC 74919 a

1Section 11-208.8 of this Code, the regulation of the use of
2automated traffic law enforcement systems to record vehicle
3speeds is an exclusive power and function of the State. This
4subsection (c) is a denial and limitation of home rule powers
5and functions under subsection (h) of Section 6 of Article VII
6of the Illinois Constitution.
7    (c-5) A county or municipality, including a home rule
8county or municipality, may not use an automated traffic law
9enforcement system to issue violations in instances where the
10motor vehicle comes to a complete stop and does not enter the
11intersection, as defined by Section 1-132 of this Code, during
12the cycle of the red signal indication unless one or more
13pedestrians or bicyclists are present, even if the motor
14vehicle stops at a point past a stop line or crosswalk where a
15driver is required to stop, as specified in subsection (c) of
16Section 11-306 of this Code or a similar provision of a local
17ordinance.
18    (c-6) A county, or a municipality with less than 2,000,000
19inhabitants, including a home rule county or municipality, may
20not use an automated traffic law enforcement system to issue
21violations in instances where a motorcyclist enters an
22intersection against a red signal indication when the red
23signal fails to change to a green signal within a reasonable
24period of time not less than 120 seconds because of a signal
25malfunction or because the signal has failed to detect the
26arrival of the motorcycle due to the motorcycle's size or

 

 

10100HB3653sam002- 212 -LRB101 05541 RLC 74919 a

1weight.
2    (d) For each violation of a provision of this Code or a
3local ordinance recorded by an automatic traffic law
4enforcement system, the county or municipality having
5jurisdiction shall issue a written notice of the violation to
6the registered owner of the vehicle as the alleged violator.
7The notice shall be delivered to the registered owner of the
8vehicle, by mail, within 30 days after the Secretary of State
9notifies the municipality or county of the identity of the
10owner of the vehicle, but in no event later than 90 days after
11the violation.
12    The notice shall include:
13        (1) the name and address of the registered owner of the
14    vehicle;
15        (2) the registration number of the motor vehicle
16    involved in the violation;
17        (3) the violation charged;
18        (4) the location where the violation occurred;
19        (5) the date and time of the violation;
20        (6) a copy of the recorded images;
21        (7) the amount of the civil penalty imposed and the
22    requirements of any traffic education program imposed and
23    the date by which the civil penalty should be paid and the
24