Sen. Robert Peters

Filed: 11/29/2022

 

 


 

 


 
10200HB1095sam001LRB102 03109 RLC 41994 a

1
AMENDMENT TO HOUSE BILL 1095

2    AMENDMENT NO. ______. Amend House Bill 1095 by replacing
3everything after the enacting clause with the following:
 
4    "Section 2. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
 
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; public defender grant
8program. To provide for the expeditious and timely
9implementation of Section 3-4014 of the Counties Code,
10emergency rules implementing the public defender grant program
11established under that Section may be adopted in accordance
12with Section 5-45 by the Administrative Office of the Illinois
13Courts. The adoption of emergency rules authorized by Section
145-45 and this Section is deemed to be necessary for the public
15interest, safety, and welfare.
16    This Section is repealed one year after the effective date

 

 

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1of this amendatory Act of the 102nd General Assembly.
 
2    Section 5. The Freedom of Information Act is amended by
3changing Section 2.15 as follows:
 
4    (5 ILCS 140/2.15)
5    (Text of Section before amendment by P.A. 101-652)
6    Sec. 2.15. Arrest reports and criminal history records.
7    (a) Arrest reports. The following chronologically
8maintained arrest and criminal history information maintained
9by State or local criminal justice agencies shall be furnished
10as soon as practical, but in no event later than 72 hours after
11the arrest, notwithstanding the time limits otherwise provided
12for in Section 3 of this Act: (i) information that identifies
13the individual, including the name, age, address, and
14photograph, when and if available; (ii) information detailing
15any charges relating to the arrest; (iii) the time and
16location of the arrest; (iv) the name of the investigating or
17arresting law enforcement agency; (v) if the individual is
18incarcerated, the amount of any bail or bond; and (vi) if the
19individual is incarcerated, the time and date that the
20individual was received into, discharged from, or transferred
21from the arresting agency's custody.
22    (b) Criminal history records. The following documents
23maintained by a public body pertaining to criminal history
24record information are public records subject to inspection

 

 

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1and copying by the public pursuant to this Act: (i) court
2records that are public; (ii) records that are otherwise
3available under State or local law; and (iii) records in which
4the requesting party is the individual identified, except as
5provided under Section 7(1)(d)(vi).
6    (c) Information described in items (iii) through (vi) of
7subsection (a) may be withheld if it is determined that
8disclosure would: (i) interfere with pending or actually and
9reasonably contemplated law enforcement proceedings conducted
10by any law enforcement agency; (ii) endanger the life or
11physical safety of law enforcement or correctional personnel
12or any other person; or (iii) compromise the security of any
13correctional facility.
14    (d) The provisions of this Section do not supersede the
15confidentiality provisions for law enforcement or arrest
16records of the Juvenile Court Act of 1987.
17    (e) Notwithstanding the requirements of subsection (a), a
18law enforcement agency may not publish booking photographs,
19commonly known as "mugshots", on its social networking website
20in connection with civil offenses, petty offenses, business
21offenses, Class C misdemeanors, and Class B misdemeanors
22unless the booking photograph is posted to the social
23networking website to assist in the search for a missing
24person or to assist in the search for a fugitive, person of
25interest, or individual wanted in relation to a crime other
26than a petty offense, business offense, Class C misdemeanor,

 

 

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1or Class B misdemeanor. As used in this subsection, "social
2networking website" has the meaning provided in Section 10 of
3the Right to Privacy in the Workplace Act.
4(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19.)
 
5    (Text of Section after amendment by P.A. 101-652)
6    Sec. 2.15. Arrest reports and criminal history records.
7    (a) Arrest reports. The following chronologically
8maintained arrest and criminal history information maintained
9by State or local criminal justice agencies shall be furnished
10as soon as practical, but in no event later than 72 hours after
11the arrest, notwithstanding the time limits otherwise provided
12for in Section 3 of this Act: (i) information that identifies
13the individual, including the name, age, address, and
14photograph, when and if available; (ii) information detailing
15any charges relating to the arrest; (iii) the time and
16location of the arrest; (iv) the name of the investigating or
17arresting law enforcement agency; (v) (blank) if the
18individual is incarcerated, the conditions of pretrial
19release; and (vi) if the individual is incarcerated, the time
20and date that the individual was received into, discharged
21from, or transferred from the arresting agency's custody.
22    (b) Criminal history records. The following documents
23maintained by a public body pertaining to criminal history
24record information are public records subject to inspection
25and copying by the public pursuant to this Act: (i) court

 

 

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1records that are public; (ii) records that are otherwise
2available under State or local law; and (iii) records in which
3the requesting party is the individual identified, except as
4provided under Section 7(1)(d)(vi).
5    (c) Information described in items (iii) through (vi) of
6subsection (a) may be withheld if it is determined that
7disclosure would: (i) interfere with pending or actually and
8reasonably contemplated law enforcement proceedings conducted
9by any law enforcement agency; (ii) endanger the life or
10physical safety of law enforcement or correctional personnel
11or any other person; or (iii) compromise the security of any
12correctional facility.
13    (d) The provisions of this Section do not supersede the
14confidentiality provisions for law enforcement or arrest
15records of the Juvenile Court Act of 1987.
16    (e) Notwithstanding the requirements of subsection (a), a
17law enforcement agency may not publish booking photographs,
18commonly known as "mugshots", on its social networking website
19in connection with civil offenses, petty offenses, business
20offenses, Class C misdemeanors, and Class B misdemeanors
21unless the booking photograph is posted to the social
22networking website to assist in the search for a missing
23person or to assist in the search for a fugitive, person of
24interest, or individual wanted in relation to a crime other
25than a petty offense, business offense, Class C misdemeanor,
26or Class B misdemeanor. As used in this subsection, "social

 

 

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1networking website" has the meaning provided in Section 10 of
2the Right to Privacy in the Workplace Act.
3(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
4101-652, eff. 1-1-23.)
 
5    Section 10. The State Records Act is amended by changing
6Section 4a as follows:
 
7    (5 ILCS 160/4a)
8    (Text of Section before amendment by P.A. 101-652)
9    Sec. 4a. Arrest records and reports.
10    (a) When an individual is arrested, the following
11information must be made available to the news media for
12inspection and copying:
13        (1) Information that identifies the individual,
14    including the name, age, address, and photograph, when and
15    if available.
16        (2) Information detailing any charges relating to the
17    arrest.
18        (3) The time and location of the arrest.
19        (4) The name of the investigating or arresting law
20    enforcement agency.
21        (5) If the individual is incarcerated, the amount of
22    any bail or bond.
23        (6) If the individual is incarcerated, the time and
24    date that the individual was received, discharged, or

 

 

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1    transferred from the arresting agency's custody.
2    (b) The information required by this Section must be made
3available to the news media for inspection and copying as soon
4as practicable, but in no event shall the time period exceed 72
5hours from the arrest. The information described in paragraphs
6(3), (4), (5), and (6) of subsection (a), however, may be
7withheld if it is determined that disclosure would:
8        (1) interfere with pending or actually and reasonably
9    contemplated law enforcement proceedings conducted by any
10    law enforcement or correctional agency;
11        (2) endanger the life or physical safety of law
12    enforcement or correctional personnel or any other person;
13    or
14        (3) compromise the security of any correctional
15    facility.
16    (c) For the purposes of this Section, the term "news
17media" means personnel of a newspaper or other periodical
18issued at regular intervals whether in print or electronic
19format, a news service whether in print or electronic format,
20a radio station, a television station, a television network, a
21community antenna television service, or a person or
22corporation engaged in making news reels or other motion
23picture news for public showing.
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    (f) All information, including photographs, made available
7under this Section is subject to the provisions of Section
82QQQ of the Consumer Fraud and Deceptive Business Practices
9Act.
10    (g) Notwithstanding the requirements of subsection (a), a
11law enforcement agency may not publish booking photographs,
12commonly known as "mugshots", on its social networking website
13in connection with civil offenses, petty offenses, business
14offenses, Class C misdemeanors, and Class B misdemeanors
15unless the booking photograph is posted to the social
16networking website to assist in the search for a missing
17person or to assist in the search for a fugitive, person of
18interest, or individual wanted in relation to a crime other
19than a petty offense, business offense, Class C misdemeanor,
20or Class B misdemeanor. As used in this subsection, "social
21networking website" has the meaning provided in Section 10 of
22the Right to Privacy in the Workplace Act.
23(Source: P.A. 101-433, eff. 8-20-19.)
 
24    (Text of Section after amendment by P.A. 101-652)
25    Sec. 4a. Arrest records and reports.

 

 

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

 

 

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1    enforcement or correctional personnel or any other person;
2    or
3        (3) compromise the security of any correctional
4    facility.
5    (c) For the purposes of this Section, the term "news
6media" means personnel of a newspaper or other periodical
7issued at regular intervals whether in print or electronic
8format, a news service whether in print or electronic format,
9a radio station, a television station, a television network, a
10community antenna television service, or a person or
11corporation engaged in making news reels or other motion
12picture news for public showing.
13    (d) Each law enforcement or correctional agency may charge
14fees for arrest records, but in no instance may the fee exceed
15the actual cost of copying and reproduction. The fees may not
16include the cost of the labor used to reproduce the arrest
17record.
18    (e) The provisions of this Section do not supersede the
19confidentiality provisions for arrest records of the Juvenile
20Court Act of 1987.
21    (f) All information, including photographs, made available
22under this Section is subject to the provisions of Section
232QQQ of the Consumer Fraud and Deceptive Business Practices
24Act.
25    (g) Notwithstanding the requirements of subsection (a), a
26law enforcement agency may not publish booking photographs,

 

 

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1commonly known as "mugshots", on its social networking website
2in connection with civil offenses, petty offenses, business
3offenses, Class C misdemeanors, and Class B misdemeanors
4unless the booking photograph is posted to the social
5networking website to assist in the search for a missing
6person or to assist in the search for a fugitive, person of
7interest, or individual wanted in relation to a crime other
8than a petty offense, business offense, Class C misdemeanor,
9or Class B misdemeanor. As used in this subsection, "social
10networking website" has the meaning provided in Section 10 of
11the Right to Privacy in the Workplace Act.
12(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23.)
 
13    Section 15. The Illinois State Police Law of the Civil
14Administrative Code of Illinois is amended by changing Section
152605-302 as follows:
 
16    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
17    (Text of Section before amendment by P.A. 101-652)
18    Sec. 2605-302. Arrest reports.
19    (a) When an individual is arrested, the following
20information must be made available to the news media for
21inspection and copying:
22        (1) Information that identifies the individual,
23    including the name, age, address, and photograph, when and
24    if available.

 

 

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1        (2) Information detailing any charges relating to the
2    arrest.
3        (3) The time and location of the arrest.
4        (4) The name of the investigating or arresting law
5    enforcement agency.
6        (5) If the individual is incarcerated, the amount of
7    any bail or bond.
8        (6) If the individual is incarcerated, the time and
9    date that the individual was received, discharged, or
10    transferred from the arresting agency's custody.
11    (b) The information required by this Section must be made
12available to the news media for inspection and copying as soon
13as practicable, but in no event shall the time period exceed 72
14hours from the arrest. The information described in items (3),
15(4), (5), and (6) of subsection (a), however, may be withheld
16if it is determined that disclosure would (i) interfere with
17pending or actually and reasonably contemplated law
18enforcement proceedings conducted by any law enforcement or
19correctional agency; (ii) endanger the life or physical safety
20of law enforcement or correctional personnel or any other
21person; or (iii) compromise the security of any correctional
22facility.
23    (c) For the purposes of this Section, the term "news
24media" means personnel of a newspaper or other periodical
25issued at regular intervals whether in print or electronic
26format, a news service whether in print or electronic format,

 

 

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1a radio station, a television station, a television network, a
2community antenna television service, or a person or
3corporation engaged in making news reels or other motion
4picture news for public showing.
5    (d) Each law enforcement or correctional agency may charge
6fees for arrest records, but in no instance may the fee exceed
7the actual cost of copying and reproduction. The fees may not
8include the cost of the labor used to reproduce the arrest
9record.
10    (e) The provisions of this Section do not supersede the
11confidentiality provisions for arrest records of the Juvenile
12Court Act of 1987.
13(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
14incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02.)
 
15    (Text of Section after amendment by P.A. 101-652)
16    Sec. 2605-302. Arrest reports.
17    (a) When an individual is arrested, the following
18information must be made available to the news media for
19inspection and copying:
20        (1) Information that identifies the individual,
21    including the name, age, address, and photograph, when and
22    if available.
23        (2) Information detailing any charges relating to the
24    arrest.
25        (3) The time and location of the arrest.

 

 

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1        (4) The name of the investigating or arresting law
2    enforcement agency.
3        (5) (Blank). If the individual is incarcerated, the
4    conditions of pretrial release.
5        (6) If the individual is incarcerated, the time and
6    date that the individual was received, discharged, or
7    transferred from the arresting agency's custody.
8    (b) The information required by this Section must be made
9available to the news media for inspection and copying as soon
10as practicable, but in no event shall the time period exceed 72
11hours from the arrest. The information described in items (3),
12(4), (5), and (6) of subsection (a), however, may be withheld
13if it is determined that disclosure would (i) interfere with
14pending or actually and reasonably contemplated law
15enforcement proceedings conducted by any law enforcement or
16correctional agency; (ii) endanger the life or physical safety
17of law enforcement or correctional personnel or any other
18person; or (iii) compromise the security of any correctional
19facility.
20    (c) For the purposes of this Section, the term "news
21media" means personnel of a newspaper or other periodical
22issued at regular intervals whether in print or electronic
23format, a news service whether in print or electronic format,
24a radio station, a television station, a television network, a
25community antenna television service, or a person or
26corporation engaged in making news reels or other motion

 

 

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1picture news for public showing.
2    (d) Each law enforcement or correctional agency may charge
3fees for arrest records, but in no instance may the fee exceed
4the actual cost of copying and reproduction. The fees may not
5include the cost of the labor used to reproduce the arrest
6record.
7    (e) The provisions of this Section do not supersede the
8confidentiality provisions for arrest records of the Juvenile
9Court Act of 1987.
10(Source: P.A. 101-652, eff. 1-1-23.)
 
11    Section 20. The Illinois Criminal Justice Information Act
12is amended by changing Section 7.7 as follows:
 
13    (20 ILCS 3930/7.7)
14    Sec. 7.7. Pretrial data collection.
15    (a) The Administrative Director of the Administrative
16Office of the Illinois Courts shall convene an oversight board
17to be known as the Pretrial Practices Data Oversight Board to
18oversee the collection and analysis of data regarding pretrial
19practices in circuit court systems. The Board shall include,
20but is not limited to, designees from the Administrative
21Office of the Illinois Courts, the Illinois Criminal Justice
22Information Authority, and other entities that possess
23knowledge of pretrial practices and data collection issues.
24Members of the Board shall serve without compensation.

 

 

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1    (b) The Oversight Board shall:
2        (1) identify existing pretrial data collection
3    processes in local jurisdictions;
4        (2) define, gather and maintain records of pretrial
5    data relating to the topics listed in subsection (c) from
6    circuit clerks' offices, sheriff's departments, law
7    enforcement agencies, jails, pretrial departments,
8    probation department, prosecutors' State's Attorneys'
9    offices, public defenders' offices and other applicable
10    criminal justice system agencies;
11        (3) identify resources necessary to systematically
12    collect and report data related to the topics listed in
13    subsection (c); and
14        (4) develop a plan to implement data collection
15    processes sufficient to collect data on the topics listed
16    in subsection (c) no later than one year after July 1, 2021
17    (the effective date of Public Act 101-652). The plan and,
18    once implemented, the reports and analysis shall be
19    published and made publicly available on the
20    Administrative Office of the Illinois Courts (AOIC)
21    website.
22    (c) The Pretrial Practices Data Oversight Board shall
23develop a strategy to collect quarterly, county-level data on
24the following topics; which collection of data shall begin
25starting one year after July 1, 2021 (the effective date of
26Public Act 101-652):

 

 

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1        (1) information on all persons arrested and charged
2    with misdemeanor or felony charges, or both, including
3    information on persons released directly from law
4    enforcement custody;
5        (2) information on the outcomes of pretrial conditions
6    and pretrial detention hearings in the county courts,
7    including but not limited to the number of hearings held,
8    the number of defendants detained, the number of
9    defendants released, and the number of defendants released
10    with electronic monitoring, and, beginning January 1,
11    2023, information comparing detention hearing outcomes
12    when the hearing is held in person and by two-way
13    audio-visual communication;
14        (3) information regarding persons detained in the
15    county jail pretrial, including, but not limited to, the
16    number of persons detained in the jail pretrial and the
17    number detained in the jail for other reasons, the
18    demographics of the pretrial jail population, race, sex,
19    sexual orientation, gender identity, age, and ethnicity,
20    the charges including on which pretrial defendants are
21    detained, the average length of stay of pretrial
22    defendants;
23        (4) information regarding persons placed on electronic
24    monitoring programs pretrial, including, but not limited
25    to, the number of participants, the demographics of the
26    participant population, including race, sex, sexual

 

 

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1    orientation, gender identity, age, and ethnicity, the
2    charges on which participants are ordered to the program,
3    and the average length of participation in the program;
4        (5) discharge data regarding persons detained pretrial
5    in the county jail, including, but not limited to, the
6    number who are sentenced to the Illinois Department of
7    Corrections, the number released after being sentenced to
8    time served, the number who are released on probation,
9    conditional discharge, or other community supervision, the
10    number found not guilty, the number whose cases are
11    dismissed, the number whose cases are dismissed as part of
12    diversion or deferred prosecution program, and the number
13    who are released pretrial after a hearing re-examining
14    their pretrial detention;
15        (6) information on the pretrial rearrest of
16    individuals released pretrial, including the number
17    arrested and charged with a new misdemeanor offense while
18    released, the number arrested and charged with a new
19    felony offense while released, and the number arrested and
20    charged with a new forcible felony offense while released,
21    and how long after release these arrests occurred;
22        (7) information on the pretrial failure to appear
23    rates of individuals released pretrial, including the
24    number who missed one or more court dates, how many
25    warrants for failures to appear were issued, and how many
26    individuals were detained pretrial or placed on electronic

 

 

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1    monitoring pretrial after a failure to appear in court;
2        (8) what, if any, validated pretrial risk assessment
3    tools are in use in each jurisdiction, and comparisons of
4    the pretrial release and pretrial detention decisions of
5    judges as compared to and the risk assessment scores of
6    individuals; and
7        (9) any other information the Pretrial Practices Data
8    Oversight Board considers important and probative of the
9    effectiveness of pretrial practices in the State of
10    Illinois.
11    (d) Circuit clerks' offices, sheriff's departments, law
12enforcement agencies, jails, pretrial departments, probation
13department, State's Attorneys' offices, public defenders'
14offices and other applicable criminal justice system agencies
15are mandated to provide data to the Administrative Office of
16the Illinois Courts as described in subsection (c).
17(Source: P.A. 101-652, eff. 7-1-21; 102-813, eff. 5-13-22.)
 
18    Section 22. The State Finance Act is amended by adding
19Section 5.990 as follows:
 
20    (30 ILCS 105/5.990 new)
21    Sec. 5.990. The Public Defender Fund.
 
22    Section 25. The Local Records Act is amended by changing
23Section 3b as follows:
 

 

 

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1    (50 ILCS 205/3b)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 3b. Arrest records and 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 amount of
16    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:

 

 

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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
12news service whether in print or electronic format, a radio
13station, a television station, a television network, a
14community antenna television service, or a person or
15corporation engaged in making news reels or other motion
16picture news for public showing.
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    (f) All information, including photographs, made available
26under this Section is subject to the provisions of Section

 

 

10200HB1095sam001- 22 -LRB102 03109 RLC 41994 a

12QQQ of the Consumer Fraud and Deceptive Business Practices
2Act.
3(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16.)
 
4    (Text of Section after amendment by P.A. 101-652)
5    Sec. 3b. Arrest records and reports.
6    (a) When an individual is arrested, the following
7information must be made available to the news media for
8inspection and copying:
9        (1) Information that identifies the individual,
10    including the name, age, address, and photograph, when and
11    if available.
12        (2) Information detailing any charges relating to the
13    arrest.
14        (3) The time and location of the arrest.
15        (4) The name of the investigating or arresting law
16    enforcement agency.
17        (5) (Blank). If the individual is incarcerated, the
18    conditions of pretrial release.
19        (6) If the individual is incarcerated, the time and
20    date that the individual was received, discharged, or
21    transferred from the arresting agency's custody.
22    (b) The information required by this Section must be made
23available to the news media for inspection and copying as soon
24as practicable, but in no event shall the time period exceed 72
25hours from the arrest. The information described in paragraphs

 

 

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

 

 

10200HB1095sam001- 24 -LRB102 03109 RLC 41994 a

1    (f) All information, including photographs, made available
2under this Section is subject to the provisions of Section
32QQQ of the Consumer Fraud and Deceptive Business Practices
4Act.
5(Source: P.A. 101-652, eff. 1-1-23.)
 
6    Section 30. The Law Enforcement Officer-Worn Body Camera
7Act is amended by changing Sections 10-10, 10-15, 10-20, and
810-25 as follows:
 
9    (50 ILCS 706/10-10)
10    Sec. 10-10. Definitions. As used in this Act:
11    "Badge" means an officer's department issued
12identification number associated with his or her position as a
13police officer with that department.
14    "Board" means the Illinois Law Enforcement Training
15Standards Board created by the Illinois Police Training Act.
16    "Business offense" means a petty offense for which the
17fine is in excess of $1,000.
18    "Community caretaking function" means a task undertaken by
19a law enforcement officer in which the officer is performing
20an articulable act unrelated to the investigation of a crime.
21"Community caretaking function" includes, but is not limited
22to, participating in town halls or other community outreach,
23helping a child find his or her parents, providing death
24notifications, and performing in-home or hospital well-being

 

 

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1checks on the sick, elderly, or persons presumed missing.
2"Community caretaking function" excludes law
3enforcement-related encounters or activities.
4    "Fund" means the Law Enforcement Camera Grant Fund.
5    "In uniform" means a law enforcement officer who is
6wearing any officially authorized uniform designated by a law
7enforcement agency, or a law enforcement officer who is
8visibly wearing articles of clothing, a badge, tactical gear,
9gun belt, a patch, or other insignia that he or she is a law
10enforcement officer acting in the course of his or her duties.
11    "Law enforcement officer" or "officer" means any person
12employed by a State, county, municipality, special district,
13college, unit of government, or any other entity authorized by
14law to employ peace officers or exercise police authority and
15who is primarily responsible for the prevention or detection
16of crime and the enforcement of the laws of this State.
17    "Law enforcement agency" means all State agencies with law
18enforcement officers, county sheriff's offices, municipal,
19special district, college, or unit of local government police
20departments.
21    "Law enforcement-related encounters or activities"
22include, but are not limited to, traffic stops, pedestrian
23stops, arrests, searches, interrogations, investigations,
24pursuits, crowd control, traffic control, non-community
25caretaking interactions with an individual while on patrol, or
26any other instance in which the officer is enforcing the laws

 

 

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1of the municipality, county, or State. "Law
2enforcement-related encounter or activities" does not include
3when the officer is completing paperwork alone, is
4participating in training in a classroom setting, or is only
5in the presence of another law enforcement officer or officers
6while not performing any other law enforcement-related
7activity.
8    "Minor traffic offense" means a petty offense, business
9offense, or Class C misdemeanor under the Illinois Vehicle
10Code or a similar provision of a municipal or local ordinance.
11    "Officer-worn body camera" means an electronic camera
12system for creating, generating, sending, receiving, storing,
13displaying, and processing audiovisual recordings that may be
14worn about the person of a law enforcement officer.
15    "Peace officer" has the meaning provided in Section 2-13
16of the Criminal Code of 2012.
17    "Petty offense" means any offense for which a sentence of
18imprisonment is not an authorized disposition.
19    "Recording" means the process of capturing data or
20information stored on a recording medium as required under
21this Act.
22    "Recording medium" means any recording medium authorized
23by the Board for the retention and playback of recorded audio
24and video including, but not limited to, VHS, DVD, hard drive,
25cloud storage, solid state, digital, flash memory technology,
26or any other electronic medium.

 

 

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1(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
2    (50 ILCS 706/10-15)
3    Sec. 10-15. Applicability.
4    (a) All law enforcement agencies must employ the use of
5officer-worn body cameras in accordance with the provisions of
6this Act, whether or not the agency receives or has received
7monies from the Law Enforcement Camera Grant Fund.
8    (b) Except as provided in subsection (b-5), all All law
9enforcement agencies must implement the use of body cameras
10for all law enforcement officers, according to the following
11schedule:
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
17    be 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 all State agencies with law enforcement
24    officers and other remaining law enforcement agencies,
25    body cameras shall be implemented by January 1, 2025.

 

 

10200HB1095sam001- 28 -LRB102 03109 RLC 41994 a

1    (b-5) If a law enforcement agency that serves a
2municipality with a population of at least 100,000 but not
3more than 500,000 or a law enforcement agency that serves a
4county with a population of at least 100,000 but not more than
5500,000 has ordered by October 1, 2022 or purchased by that
6date officer-worn body cameras for use by the law enforcement
7agency, then the law enforcement agency may implement the use
8of body cameras for all of its law enforcement officers by no
9later than July 1, 2023. Records of purchase within this
10timeline shall be submitted to the Illinois Law Enforcement
11Training Standards Board by January 1, 2023.
12    (c) A law enforcement agency's compliance with the
13requirements under this Section shall receive preference by
14the Illinois Law Enforcement Training Standards Board in
15awarding grant funding under the Law Enforcement Camera Grant
16Act.
17    (d) This Section does not apply to court security
18officers, State's Attorney investigators, and Attorney General
19investigators.
20(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
 
21    (50 ILCS 706/10-20)
22    Sec. 10-20. Requirements.
23    (a) The Board shall develop basic guidelines for the use
24of officer-worn body cameras by law enforcement agencies. The
25guidelines developed by the Board shall be the basis for the

 

 

10200HB1095sam001- 29 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 30 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 31 -LRB102 03109 RLC 41994 a

1    the victim or witness.
2        (4.5) Cameras may be turned off when the officer is
3    engaged in community caretaking functions. However, the
4    camera must be turned on when the officer has reason to
5    believe that the person on whose behalf the officer is
6    performing a community caretaking function has committed
7    or is in the process of committing a crime. If exigent
8    circumstances exist which prevent the camera from being
9    turned on, the camera must be turned on as soon as
10    practicable.
11        (5) The officer must provide notice of recording to
12    any person if the person has a reasonable expectation of
13    privacy and proof of notice must be evident in the
14    recording. If exigent circumstances exist which prevent
15    the officer from providing notice, notice must be provided
16    as soon as practicable.
17        (6) (A) For the purposes of redaction, labeling, or
18    duplicating recordings, access to camera recordings shall
19    be restricted to only those personnel responsible for
20    those purposes. The recording officer or his or her
21    supervisor may not redact, label, duplicate, or otherwise
22    alter the recording officer's camera recordings. Except as
23    otherwise provided in this Section, the recording officer
24    and his or her supervisor may access and review recordings
25    prior to completing incident reports or other
26    documentation, provided that the supervisor discloses that

 

 

10200HB1095sam001- 32 -LRB102 03109 RLC 41994 a

1    fact in the report or documentation.
2            (i) A law enforcement officer shall not have
3        access to or review his or her body-worn camera
4        recordings or the body-worn camera recordings of
5        another officer prior to completing incident reports
6        or other documentation when the officer:
7                (a) has been involved in or is a witness to an
8            officer-involved shooting, use of deadly force
9            incident, or use of force incidents resulting in
10            great bodily harm;
11                (b) is ordered to write a report in response
12            to or during the investigation of a misconduct
13            complaint against the officer.
14            (ii) If the officer subject to subparagraph (i)
15        prepares a report, any report shall be prepared
16        without viewing body-worn camera recordings, and
17        subject to supervisor's approval, officers may file
18        amendatory reports after viewing body-worn camera
19        recordings. Supplemental reports under this provision
20        shall also contain documentation regarding access to
21        the video footage.
22            (B) The recording officer's assigned field
23        training officer may access and review recordings for
24        training purposes. Any detective or investigator
25        directly involved in the investigation of a matter may
26        access and review recordings which pertain to that

 

 

10200HB1095sam001- 33 -LRB102 03109 RLC 41994 a

1        investigation but may not have access to delete or
2        alter such recordings.
3        (7) Recordings made on officer-worn cameras must be
4    retained by the law enforcement agency or by the camera
5    vendor used by the agency, on a recording medium for a
6    period of 90 days.
7            (A) Under no circumstances shall any recording,
8        except for a non-law enforcement related activity or
9        encounter, made with an officer-worn body camera be
10        altered, erased, or destroyed prior to the expiration
11        of the 90-day storage period. In the event any
12        recording made with an officer-worn body camera is
13        altered, erased, or destroyed prior to the expiration
14        of the 90-day storage period, the law enforcement
15        agency shall maintain, for a period of one year, a
16        written record including (i) the name of the
17        individual who made such alteration, erasure, or
18        destruction, and (ii) the reason for any such
19        alteration, erasure, or destruction.
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
23        the recording has been flagged. An encounter is deemed
24        to be flagged when:
25                (i) a formal or informal complaint has been
26            filed;

 

 

10200HB1095sam001- 34 -LRB102 03109 RLC 41994 a

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 or believes it may have
19            evidentiary value in a criminal prosecution.
20            (C) Under no circumstances shall any recording
21        made with an officer-worn body camera relating to a
22        flagged encounter be altered or destroyed prior to 2
23        years after the recording was flagged. If the flagged
24        recording was used in a criminal, civil, or
25        administrative proceeding, the recording shall not be
26        destroyed except upon a final disposition and order

 

 

10200HB1095sam001- 35 -LRB102 03109 RLC 41994 a

1        from the court.
2            (D) Nothing in this Act prohibits law enforcement
3        agencies from labeling officer-worn body camera video
4        within the recording medium; provided that the
5        labeling does not alter the actual recording of the
6        incident captured on the officer-worn body camera. The
7        labels, titles, and tags shall not be construed as
8        altering the officer-worn body camera video in any
9        way.
10        (8) Following the 90-day storage period, recordings
11    may be retained if a supervisor at the law enforcement
12    agency designates the recording for training purposes. If
13    the recording is designated for training purposes, the
14    recordings may be viewed by officers, in the presence of a
15    supervisor or training instructor, for the purposes of
16    instruction, training, or ensuring compliance with agency
17    policies.
18        (9) Recordings shall not be used to discipline law
19    enforcement officers unless:
20            (A) a formal or informal complaint of misconduct
21        has been made;
22            (B) a use of force incident has occurred;
23            (C) the encounter on the recording could result in
24        a formal investigation under the Uniform Peace
25        Officers' Disciplinary Act; or
26            (D) as corroboration of other evidence of

 

 

10200HB1095sam001- 36 -LRB102 03109 RLC 41994 a

1        misconduct.
2        Nothing in this paragraph (9) shall be construed to
3    limit or prohibit a law enforcement officer from being
4    subject to an action that does not amount to discipline.
5        (10) The law enforcement agency shall ensure proper
6    care and maintenance of officer-worn body cameras. Upon
7    becoming aware, officers must as soon as practical
8    document and notify the appropriate supervisor of any
9    technical difficulties, failures, or problems with the
10    officer-worn body camera or associated equipment. Upon
11    receiving notice, the appropriate supervisor shall make
12    every reasonable effort to correct and repair any of the
13    officer-worn body camera equipment.
14        (11) No officer may hinder or prohibit any person, not
15    a law enforcement officer, from recording a law
16    enforcement officer in the performance of his or her
17    duties in a public place or when the officer has no
18    reasonable expectation of privacy. The law enforcement
19    agency's written policy shall indicate the potential
20    criminal penalties, as well as any departmental
21    discipline, which may result from unlawful confiscation or
22    destruction of the recording medium of a person who is not
23    a law enforcement officer. However, an officer may take
24    reasonable action to maintain safety and control, secure
25    crime scenes and accident sites, protect the integrity and
26    confidentiality of investigations, and protect the public

 

 

10200HB1095sam001- 37 -LRB102 03109 RLC 41994 a

1    safety and order.
2    (b) Recordings made with the use of an officer-worn body
3camera are not subject to disclosure under the Freedom of
4Information Act, except that:
5        (1) if the subject of the encounter has a reasonable
6    expectation of privacy, at the time of the recording, any
7    recording which is flagged, due to the filing of a
8    complaint, discharge of a firearm, use of force, arrest or
9    detention, or resulting death or bodily harm, shall be
10    disclosed in accordance with the Freedom of Information
11    Act if:
12            (A) the subject of the encounter captured on the
13        recording is a victim or witness; and
14            (B) the law enforcement agency obtains written
15        permission of the subject or the subject's legal
16        representative;
17        (2) except as provided in paragraph (1) of this
18    subsection (b), any recording which is flagged due to the
19    filing of a complaint, discharge of a firearm, use of
20    force, arrest or detention, or resulting death or bodily
21    harm shall be disclosed in accordance with the Freedom of
22    Information Act; and
23        (3) upon request, the law enforcement agency shall
24    disclose, in accordance with the Freedom of Information
25    Act, the recording to the subject of the encounter
26    captured on the recording or to the subject's attorney, or

 

 

10200HB1095sam001- 38 -LRB102 03109 RLC 41994 a

1    the officer or his or her legal representative.
2    For the purposes of paragraph (1) of this subsection (b),
3the subject of the encounter does not have a reasonable
4expectation of privacy if the subject was arrested as a result
5of the encounter. For purposes of subparagraph (A) of
6paragraph (1) of this subsection (b), "witness" does not
7include a person who is a victim or who was arrested as a
8result of the encounter.
9    Only recordings or portions of recordings responsive to
10the request shall be available for inspection or reproduction.
11Any recording disclosed under the Freedom of Information Act
12shall be redacted to remove identification of any person that
13appears on the recording and is not the officer, a subject of
14the encounter, or directly involved in the encounter. Nothing
15in this subsection (b) shall require the disclosure of any
16recording or portion of any recording which would be exempt
17from disclosure under the Freedom of Information Act.
18    (c) Nothing in this Section shall limit access to a camera
19recording for the purposes of complying with Supreme Court
20rules or the rules of evidence.
21(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
22102-687, eff. 12-17-21; 102-694, eff. 1-7-22.)
 
23    (50 ILCS 706/10-25)
24    Sec. 10-25. Reporting.
25    (a) Each law enforcement agency must provide an annual

 

 

10200HB1095sam001- 39 -LRB102 03109 RLC 41994 a

1report on the use of officer-worn body cameras to the Board, on
2or before May 1 of the year. The report shall include:
3        (1) a brief overview of the makeup of the agency,
4    including the number of officers utilizing officer-worn
5    body cameras;
6        (2) the number of officer-worn body cameras utilized
7    by the law enforcement agency;
8        (3) any technical issues with the equipment and how
9    those issues were remedied;
10        (4) a brief description of the review process used by
11    supervisors within the law enforcement agency; ;
12        (5) (blank); and for each recording used in
13    prosecutions of conservation, criminal, or traffic
14    offenses or municipal ordinance violations:
15            (A) the time, date, location, and precinct of the
16        incident;
17            (B) the offense charged and the date charges were
18        filed; and
19        (6) any other information relevant to the
20    administration of the program.
21    (b) On or before July 30 of each year, the Board must
22analyze the law enforcement agency reports and provide an
23annual report to the General Assembly and the Governor.
24(Source: P.A. 101-652, eff. 7-1-21.)
 
25    Section 35. The Law Enforcement Camera Grant Act is

 

 

10200HB1095sam001- 40 -LRB102 03109 RLC 41994 a

1amended by changing Section 10 as follows:
 
2    (50 ILCS 707/10)
3    Sec. 10. Law Enforcement Camera Grant Fund; creation,
4rules.
5    (a) The Law Enforcement Camera Grant Fund is created as a
6special fund in the State treasury. From appropriations to the
7Board from the Fund, the Board must make grants to units of
8local government in Illinois and Illinois public universities
9for the purpose of (1) purchasing in-car video cameras for use
10in law enforcement vehicles, (2) purchasing officer-worn body
11cameras and associated technology for law enforcement
12officers, and (3) training for law enforcement officers in the
13operation of the cameras. Grants under this Section may be
14used to offset data storage costs for officer-worn body
15cameras.
16    Moneys received for the purposes of this Section,
17including, without limitation, fee receipts and gifts, grants,
18and awards from any public or private entity, must be
19deposited into the Fund. Any interest earned on moneys in the
20Fund must be deposited into the Fund.
21    (b) The Board may set requirements for the distribution of
22grant moneys and determine which law enforcement agencies are
23eligible.
24    (b-5) The Board shall consider compliance with the Uniform
25Crime Reporting Act as a factor in awarding grant moneys.

 

 

10200HB1095sam001- 41 -LRB102 03109 RLC 41994 a

1    (c) (Blank).
2    (d) (Blank).
3    (e) (Blank).
4    (f) (Blank).
5    (g) (Blank).
6    (h) (Blank).
7(Source: P.A. 102-16, eff. 6-17-21.)
 
8    Section 37. The Counties Code is amended by changing
9Section 3-4013 and by adding Section 3-4014 as follows:
 
10    (55 ILCS 5/3-4013)
11    (Section scheduled to be repealed on December 31, 2023)
12    Sec. 3-4013. Public Defender Quality Defense Task Force.
13    (a) The Public Defender Quality Defense Task Force is
14established to: (i) examine the current caseload and determine
15the optimal caseload for public defenders in the State; (ii)
16examine the quality of legal services being offered to
17defendants by public defenders of the State; and (iii) make
18recommendations to improve the caseload of public defenders
19and quality of legal services offered by public defenders; and
20(iv) provide recommendations to the General Assembly and
21Governor on legislation to provide for an effective public
22defender system throughout the State and encourage the active
23and substantial participation of the private bar in the
24representation of accused people.

 

 

10200HB1095sam001- 42 -LRB102 03109 RLC 41994 a

1    (b) The following members shall be appointed to the Task
2Force by the Governor no later than 30 days after the effective
3date of this amendatory Act of the 102nd General Assembly:
4        (1) 2 assistant public defenders from the Office of
5    the Cook County Public Defender.
6        (2) 5 public defenders or assistant public defenders
7    from 5 counties other than Cook County.
8        (3) One Cook County circuit judge experienced in the
9    litigation of criminal law matters.
10        (4) One circuit judge from outside of Cook County
11    experienced in the litigation of criminal law matters.
12        (5) One representative from the Office of the State
13    Appellate Defender.
14    Task Force members shall serve without compensation but
15may be reimbursed for their expenses incurred in performing
16their duties. If a vacancy occurs in the Task Force
17membership, the vacancy shall be filled in the same manner as
18the original appointment for the remainder of the Task Force.
19    (c) The Task Force shall hold a minimum of 2 public
20hearings. At the public hearings, the Task Force shall take
21testimony of public defenders, former criminal defendants
22represented by public defenders, and any other person the Task
23Force believes would aid the Task Force's examination and
24recommendations under subsection (a). The Task may meet as
25such other times as it deems appropriate.
26    (d) The Office of the State Appellate Defender shall

 

 

10200HB1095sam001- 43 -LRB102 03109 RLC 41994 a

1provide administrative and other support to the Task Force.
2    (e) The Task Force shall prepare a report that summarizes
3its work and makes recommendations resulting from its study.
4The Task Force shall submit the report of its findings and
5recommendations to the Governor and the General Assembly no
6later than December 31, 2023 2022.
7    (f) This Section is repealed on December 31, 2024 2023.
8(Source: P.A. 102-430, eff. 8-20-21.)
 
9    (55 ILCS 5/3-4014 new)
10    Sec. 3-4014. Public defender grant program.
11    (a) Subject to appropriation, the Administrative Office of
12the Illinois Courts shall establish a grant program for
13counties for the purpose of training and hiring attorneys on
14contract to assist the county public defender in pretrial
15detention hearings. The Administrative Office of the Illinois
16Courts may establish, by rule, administrative procedures for
17the grant program, including application procedures and
18requirements concerning grant agreements, certifications,
19payment methodologies, and other accountability measures that
20may be imposed upon participants in the program. Emergency
21rules may be adopted to implement the program in accordance
22with Section 5-45 of the Illinois Administrative Procedure
23Act.
24    (b) The Public Defender Fund is created as a special fund
25in the State treasury. All money in the Public Defender Fund

 

 

10200HB1095sam001- 44 -LRB102 03109 RLC 41994 a

1shall be used, subject to appropriation, to provide funding to
2counties for public defenders and public defender services
3pursuant to this Section 3-4014.
 
4    Section 40. The Campus Security Enhancement Act of 2008 is
5amended by changing Section 15 as follows:
 
6    (110 ILCS 12/15)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 15. Arrest reports.
9    (a) When an individual is arrested, the following
10information must be made available to the news media for
11inspection and copying:
12        (1) Information that identifies the individual,
13    including the name, age, address, and photograph, when and
14    if available.
15        (2) Information detailing any charges relating to the
16    arrest.
17        (3) The time and location of the arrest.
18        (4) The name of the investigating or arresting law
19    enforcement agency.
20        (5) If the individual is incarcerated, the amount of
21    any bail or bond.
22        (6) If the individual is incarcerated, the time and
23    date that the individual was received, discharged, or
24    transferred from the arresting agency's custody.

 

 

10200HB1095sam001- 45 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 46 -LRB102 03109 RLC 41994 a

1record.
2    (e) The provisions of this Section do not supersede the
3confidentiality provisions for arrest records of the Juvenile
4Court Act of 1987.
5(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
692-335, eff. 8-10-01.)
 
7    (Text of Section after amendment by P.A. 101-652)
8    Sec. 15. Arrest reports.
9    (a) When an individual is arrested, the following
10information must be made available to the news media for
11inspection and copying:
12        (1) Information that identifies the individual,
13    including the name, age, address, and photograph, when and
14    if available.
15        (2) Information detailing any charges relating to the
16    arrest.
17        (3) The time and location of the arrest.
18        (4) The name of the investigating or arresting law
19    enforcement agency.
20        (5) (Blank). If the individual is incarcerated, the
21    conditions of pretrial release.
22        (6) If the individual is incarcerated, the time and
23    date that the individual was received, discharged, or
24    transferred from the arresting agency's custody.
25    (b) The information required by this Section must be made

 

 

10200HB1095sam001- 47 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 48 -LRB102 03109 RLC 41994 a

1    (e) The provisions of this Section do not supersede the
2confidentiality provisions for arrest records of the Juvenile
3Court Act of 1987.
4(Source: P.A. 101-652, eff. 1-1-23.)
 
5    Section 45. The Illinois Insurance Code is amended by
6changing Section 143.19 as follows:
 
7    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
8    (Text of Section before amendment by P.A. 101-652 and P.A.
9102-982)
10    Sec. 143.19. Cancellation of automobile insurance policy;
11grounds. After a policy of automobile insurance as defined in
12Section 143.13(a) has been effective for 60 days, or if such
13policy is a renewal policy, the insurer shall not exercise its
14option to cancel such policy except for one or more of the
15following reasons:
16        a. Nonpayment of premium;
17        b. The policy was obtained through a material
18    misrepresentation;
19        c. Any insured violated any of the terms and
20    conditions of the policy;
21        d. The named insured failed to disclose fully his
22    motor vehicle accidents and moving traffic violations for
23    the preceding 36 months if called for in the application;
24        e. Any insured made a false or fraudulent claim or

 

 

10200HB1095sam001- 49 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 50 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 51 -LRB102 03109 RLC 41994 a

1        inspected or, if inspected, has failed to qualify.
2    Nothing in this Section shall apply to nonrenewal.
3(Source: P.A. 100-201, eff. 8-18-17.)
 
4    (Text of Section after amendment by P.A. 101-652 but
5before amendment by P.A. 102-982)
6    Sec. 143.19. Cancellation of automobile insurance policy;
7grounds. After a policy of automobile insurance as defined in
8Section 143.13(a) has been effective for 60 days, or if such
9policy is a renewal policy, the insurer shall not exercise its
10option to cancel such policy except for one or more of the
11following reasons:
12        a. Nonpayment of premium;
13        b. The policy was obtained through a material
14    misrepresentation;
15        c. Any insured violated any of the terms and
16    conditions of the policy;
17        d. The named insured failed to disclose fully his
18    motor vehicle accidents and moving traffic violations for
19    the preceding 36 months if called for in the application;
20        e. Any insured made a false or fraudulent claim or
21    knowingly aided or abetted another in the presentation of
22    such a claim;
23        f. The named insured or any other operator who either
24    resides in the same household or customarily operates an
25    automobile insured under such policy:

 

 

10200HB1095sam001- 52 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 53 -LRB102 03109 RLC 41994 a

1        application for an operator's or chauffeur's license
2        or has been convicted or pretrial release has been
3        revoked for 3 or more violations within the 12 months
4        immediately preceding the notice of cancellation, of
5        any law, ordinance, or regulation limiting the speed
6        of motor vehicles or any of the provisions of the motor
7        vehicle laws of any state, violation of which
8        constitutes a misdemeanor, whether or not the
9        violations were repetitions of the same offense or
10        different offenses;
11        g. The insured automobile is:
12            1. so mechanically defective that its operation
13        might endanger public safety;
14            2. used in carrying passengers for hire or
15        compensation (the use of an automobile for a car pool
16        shall not be considered use of an automobile for hire
17        or compensation);
18            3. used in the business of transportation of
19        flammables or explosives;
20            4. an authorized emergency vehicle;
21            5. changed in shape or condition during the policy
22        period so as to increase the risk substantially; or
23            6. subject to an inspection law and has not been
24        inspected or, if inspected, has failed to qualify.
25    Nothing in this Section shall apply to nonrenewal.
26(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23.)
 

 

 

10200HB1095sam001- 54 -LRB102 03109 RLC 41994 a

1    (Text of Section after amendment by P.A. 102-982)
2    Sec. 143.19. Cancellation of automobile insurance policy;
3grounds. After a policy of automobile insurance as defined in
4Section 143.13(a) has been effective for 60 days, or if such
5policy is a renewal policy, the insurer shall not exercise its
6option to cancel such policy except for one or more of the
7following reasons:
8        a. Nonpayment of premium;
9        b. The policy was obtained through a material
10    misrepresentation;
11        c. Any insured violated any of the terms and
12    conditions of the policy;
13        d. The named insured failed to disclose fully his
14    motor vehicle crashes and moving traffic violations for
15    the preceding 36 months if called for in the application;
16        e. Any insured made a false or fraudulent claim or
17    knowingly aided or abetted another in the presentation of
18    such a claim;
19        f. The named insured or any other operator who either
20    resides in the same household or customarily operates an
21    automobile insured under such policy:
22            1. has, within the 12 months prior to the notice of
23        cancellation, had his driver's license under
24        suspension or revocation;
25            2. is or becomes subject to epilepsy or heart

 

 

10200HB1095sam001- 55 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 56 -LRB102 03109 RLC 41994 a

1        any law, ordinance, or regulation limiting the speed
2        of motor vehicles or any of the provisions of the motor
3        vehicle laws of any state, violation of which
4        constitutes a misdemeanor, whether or not the
5        violations were repetitions of the same offense or
6        different offenses;
7        g. The insured automobile is:
8            1. so mechanically defective that its operation
9        might endanger public safety;
10            2. used in carrying passengers for hire or
11        compensation (the use of an automobile for a car pool
12        shall not be considered use of an automobile for hire
13        or compensation);
14            3. used in the business of transportation of
15        flammables or explosives;
16            4. an authorized emergency vehicle;
17            5. changed in shape or condition during the policy
18        period so as to increase the risk substantially; or
19            6. subject to an inspection law and has not been
20        inspected or, if inspected, has failed to qualify.
21    Nothing in this Section shall apply to nonrenewal.
22(Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.)
 
23    Section 50. The Illinois Vehicle Code is amended by
24changing Sections 6-204 and 6-500 as follows:
 

 

 

10200HB1095sam001- 57 -LRB102 03109 RLC 41994 a

1    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 6-204. When court to forward license and reports.
4    (a) For the purpose of providing to the Secretary of State
5the records essential to the performance of the Secretary's
6duties under this Code to cancel, revoke or suspend the
7driver's license and privilege to drive motor vehicles of
8certain minors and of persons found guilty of the criminal
9offenses or traffic violations which this Code recognizes as
10evidence relating to unfitness to safely operate motor
11vehicles, the following duties are imposed upon public
12officials:
13        (1) Whenever any person is convicted of any offense
14    for which this Code makes mandatory the cancellation or
15    revocation of the driver's license or permit of such
16    person by the Secretary of State, the judge of the court in
17    which such conviction is had shall require the surrender
18    to the clerk of the court of all driver's licenses or
19    permits then held by the person so convicted, and the
20    clerk of the court shall, within 5 days thereafter,
21    forward the same, together with a report of such
22    conviction, to the Secretary.
23        (2) Whenever any person is convicted of any offense
24    under this Code or similar offenses under a municipal
25    ordinance, other than regulations governing standing,
26    parking or weights of vehicles, and excepting the

 

 

10200HB1095sam001- 58 -LRB102 03109 RLC 41994 a

1    following enumerated Sections of this Code: Sections
2    11-1406 (obstruction to driver's view or control), 11-1407
3    (improper opening of door into traffic), 11-1410 (coasting
4    on downgrade), 11-1411 (following fire apparatus),
5    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
6    vehicle which is in unsafe condition or improperly
7    equipped), 12-201(a) (daytime lights on motorcycles),
8    12-202 (clearance, identification and side marker lamps),
9    12-204 (lamp or flag on projecting load), 12-205 (failure
10    to display the safety lights required), 12-401
11    (restrictions as to tire equipment), 12-502 (mirrors),
12    12-503 (windshields must be unobstructed and equipped with
13    wipers), 12-601 (horns and warning devices), 12-602
14    (mufflers, prevention of noise or smoke), 12-603 (seat
15    safety belts), 12-702 (certain vehicles to carry flares or
16    other warning devices), 12-703 (vehicles for oiling roads
17    operated on highways), 12-710 (splash guards and
18    replacements), 13-101 (safety tests), 15-101 (size, weight
19    and load), 15-102 (width), 15-103 (height), 15-104 (name
20    and address on second division vehicles), 15-107 (length
21    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
22    (weights), 15-112 (weights), 15-301 (weights), 15-316
23    (weights), 15-318 (weights), and also excepting the
24    following enumerated Sections of the Chicago Municipal
25    Code: Sections 27-245 (following fire apparatus), 27-254
26    (obstruction of traffic), 27-258 (driving vehicle which is

 

 

10200HB1095sam001- 59 -LRB102 03109 RLC 41994 a

1    in unsafe condition), 27-259 (coasting on downgrade),
2    27-264 (use of horns and signal devices), 27-265
3    (obstruction to driver's view or driver mechanism), 27-267
4    (dimming of headlights), 27-268 (unattended motor
5    vehicle), 27-272 (illegal funeral procession), 27-273
6    (funeral procession on boulevard), 27-275 (driving freight
7    hauling vehicles on boulevard), 27-276 (stopping and
8    standing of buses or taxicabs), 27-277 (cruising of public
9    passenger vehicles), 27-305 (parallel parking), 27-306
10    (diagonal parking), 27-307 (parking not to obstruct
11    traffic), 27-308 (stopping, standing or parking
12    regulated), 27-311 (parking regulations), 27-312 (parking
13    regulations), 27-313 (parking regulations), 27-314
14    (parking regulations), 27-315 (parking regulations),
15    27-316 (parking regulations), 27-317 (parking
16    regulations), 27-318 (parking regulations), 27-319
17    (parking regulations), 27-320 (parking regulations),
18    27-321 (parking regulations), 27-322 (parking
19    regulations), 27-324 (loading and unloading at an angle),
20    27-333 (wheel and axle loads), 27-334 (load restrictions
21    in the downtown district), 27-335 (load restrictions in
22    residential areas), 27-338 (width of vehicles), 27-339
23    (height of vehicles), 27-340 (length of vehicles), 27-352
24    (reflectors on trailers), 27-353 (mufflers), 27-354
25    (display of plates), 27-355 (display of city vehicle tax
26    sticker), 27-357 (identification of vehicles), 27-358

 

 

10200HB1095sam001- 60 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 61 -LRB102 03109 RLC 41994 a

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

 

 

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

 

 

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

 

 

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

 

 

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1information, available only (i) to the affected driver, (ii)
2to the parent or guardian of a person under the age of 18 years
3holding an instruction permit or a graduated driver's license,
4and (iii) for use by the courts, police officers, prosecuting
5authorities, the Secretary of State, and the driver licensing
6administrator of any other state. In accordance with 49 C.F.R.
7Part 384, all reports of court supervision, except violations
8related to parking, shall be forwarded to the Secretary of
9State for all holders of a CLP or CDL or any driver who commits
10an offense while driving a commercial motor vehicle. These
11reports shall be recorded to the driver's record as a
12conviction for use in the disqualification of the driver's
13commercial motor vehicle privileges and shall not be
14privileged information.
15(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20.)
 
16    (Text of Section after amendment by P.A. 101-652)
17    Sec. 6-204. When court to forward license and reports.
18    (a) For the purpose of providing to the Secretary of State
19the records essential to the performance of the Secretary's
20duties under this Code to cancel, revoke or suspend the
21driver's license and privilege to drive motor vehicles of
22certain minors and of persons found guilty of the criminal
23offenses or traffic violations which this Code recognizes as
24evidence relating to unfitness to safely operate motor
25vehicles, the following duties are imposed upon public

 

 

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1officials:
2        (1) Whenever any person is convicted of any offense
3    for which this Code makes mandatory the cancellation or
4    revocation of the driver's license or permit of such
5    person by the Secretary of State, the judge of the court in
6    which such conviction is had shall require the surrender
7    to the clerk of the court of all driver's licenses or
8    permits then held by the person so convicted, and the
9    clerk of the court shall, within 5 days thereafter,
10    forward the same, together with a report of such
11    conviction, to the Secretary.
12        (2) Whenever any person is convicted of any offense
13    under this Code or similar offenses under a municipal
14    ordinance, other than regulations governing standing,
15    parking or weights of vehicles, and excepting the
16    following enumerated Sections of this Code: Sections
17    11-1406 (obstruction to driver's view or control), 11-1407
18    (improper opening of door into traffic), 11-1410 (coasting
19    on downgrade), 11-1411 (following fire apparatus),
20    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
21    vehicle which is in unsafe condition or improperly
22    equipped), 12-201(a) (daytime lights on motorcycles),
23    12-202 (clearance, identification and side marker lamps),
24    12-204 (lamp or flag on projecting load), 12-205 (failure
25    to display the safety lights required), 12-401
26    (restrictions as to tire equipment), 12-502 (mirrors),

 

 

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1    12-503 (windshields must be unobstructed and equipped with
2    wipers), 12-601 (horns and warning devices), 12-602
3    (mufflers, prevention of noise or smoke), 12-603 (seat
4    safety belts), 12-702 (certain vehicles to carry flares or
5    other warning devices), 12-703 (vehicles for oiling roads
6    operated on highways), 12-710 (splash guards and
7    replacements), 13-101 (safety tests), 15-101 (size, weight
8    and load), 15-102 (width), 15-103 (height), 15-104 (name
9    and address on second division vehicles), 15-107 (length
10    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
11    (weights), 15-112 (weights), 15-301 (weights), 15-316
12    (weights), 15-318 (weights), and also excepting the
13    following enumerated Sections of the Chicago Municipal
14    Code: Sections 27-245 (following fire apparatus), 27-254
15    (obstruction of traffic), 27-258 (driving vehicle which is
16    in unsafe condition), 27-259 (coasting on downgrade),
17    27-264 (use of horns and signal devices), 27-265
18    (obstruction to driver's view or driver mechanism), 27-267
19    (dimming of headlights), 27-268 (unattended motor
20    vehicle), 27-272 (illegal funeral procession), 27-273
21    (funeral procession on boulevard), 27-275 (driving freight
22    hauling vehicles on boulevard), 27-276 (stopping and
23    standing of buses or taxicabs), 27-277 (cruising of public
24    passenger vehicles), 27-305 (parallel parking), 27-306
25    (diagonal parking), 27-307 (parking not to obstruct
26    traffic), 27-308 (stopping, standing or parking

 

 

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1    regulated), 27-311 (parking regulations), 27-312 (parking
2    regulations), 27-313 (parking regulations), 27-314
3    (parking regulations), 27-315 (parking regulations),
4    27-316 (parking regulations), 27-317 (parking
5    regulations), 27-318 (parking regulations), 27-319
6    (parking regulations), 27-320 (parking regulations),
7    27-321 (parking regulations), 27-322 (parking
8    regulations), 27-324 (loading and unloading at an angle),
9    27-333 (wheel and axle loads), 27-334 (load restrictions
10    in the downtown district), 27-335 (load restrictions in
11    residential areas), 27-338 (width of vehicles), 27-339
12    (height of vehicles), 27-340 (length of vehicles), 27-352
13    (reflectors on trailers), 27-353 (mufflers), 27-354
14    (display of plates), 27-355 (display of city vehicle tax
15    sticker), 27-357 (identification of vehicles), 27-358
16    (projecting of loads), and also excepting the following
17    enumerated paragraphs of Section 2-201 of the Rules and
18    Regulations of the Illinois State Toll Highway Authority:
19    (l) (driving unsafe vehicle on tollway), (m) (vehicles
20    transporting dangerous cargo not properly indicated), it
21    shall be the duty of the clerk of the court in which such
22    conviction is had within 5 days thereafter to forward to
23    the Secretary of State a report of the conviction and the
24    court may recommend the suspension of the driver's license
25    or permit of the person so convicted.
26        The reporting requirements of this subsection shall

 

 

10200HB1095sam001- 69 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 70 -LRB102 03109 RLC 41994 a

1    and driving privilege for such time as determined by the
2    court, but only until he or she attains the age of 18
3    years. All juvenile court dispositions reported to the
4    Secretary of State under this provision shall be processed
5    by the Secretary of State as if the cases had been
6    adjudicated in traffic or criminal court. However,
7    information reported relative to the offense of reckless
8    homicide, or Section 11-501 of this Code, or a similar
9    provision of a local ordinance, shall be privileged and
10    available only to the Secretary of State, courts, and
11    police officers.
12        The reporting requirements of this subsection (a)
13    apply to all violations listed in paragraphs (1) and (2)
14    of this subsection (a), excluding parking violations, when
15    the driver holds a CLP or CDL, regardless of the type of
16    vehicle in which the violation occurred, or when any
17    driver committed the violation in a commercial motor
18    vehicle as defined in Section 6-500 of this Code.
19        (3) Whenever an order is entered revoking vacating the
20    conditions of pretrial release given to secure appearance
21    for any offense under this Code or similar offenses under
22    municipal ordinance, it shall be the duty of the clerk of
23    the court in which such revocation vacation was had or the
24    judge of such court if such court has no clerk, within 5
25    days thereafter to forward to the Secretary of State a
26    report of the revocation vacation.

 

 

10200HB1095sam001- 71 -LRB102 03109 RLC 41994 a

1        (4) A report of any disposition of court supervision
2    for a violation of Sections 6-303, 11-401, 11-501 or a
3    similar provision of a local ordinance, 11-503, 11-504,
4    and 11-506 of this Code, Section 5-7 of the Snowmobile
5    Registration and Safety Act, and Section 5-16 of the Boat
6    Registration and Safety Act shall be forwarded to the
7    Secretary of State. A report of any disposition of court
8    supervision for a violation of an offense defined as a
9    serious traffic violation in this Code or a similar
10    provision of a local ordinance committed by a person under
11    the age of 21 years shall be forwarded to the Secretary of
12    State.
13        (5) Reports of conviction under this Code and
14    sentencing hearings under the Juvenile Court Act of 1987
15    in an electronic format or a computer processible medium
16    shall be forwarded to the Secretary of State via the
17    Supreme Court in the form and format required by the
18    Illinois Supreme Court and established by a written
19    agreement between the Supreme Court and the Secretary of
20    State. In counties with a population over 300,000, instead
21    of forwarding reports to the Supreme Court, reports of
22    conviction under this Code and sentencing hearings under
23    the Juvenile Court Act of 1987 in an electronic format or a
24    computer processible medium may be forwarded to the
25    Secretary of State by the Circuit Court Clerk in a form and
26    format required by the Secretary of State and established

 

 

10200HB1095sam001- 72 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 73 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 74 -LRB102 03109 RLC 41994 a

1conviction for use in the disqualification of the driver's
2commercial motor vehicle privileges and shall not be
3privileged information.
4(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;
5101-652, eff. 1-1-23.)
 
6    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
7    (Text of Section before amendment by P.A. 101-652 and P.A.
8102-982)
9    Sec. 6-500. Definitions of words and phrases.
10Notwithstanding the definitions set forth elsewhere in this
11Code, for purposes of the Uniform Commercial Driver's License
12Act (UCDLA), the words and phrases listed below have the
13meanings ascribed to them as follows:
14    (1) Alcohol. "Alcohol" means any substance containing any
15form of alcohol, including but not limited to ethanol,
16methanol, propanol, and isopropanol.
17    (2) Alcohol concentration. "Alcohol concentration" means:
18        (A) the number of grams of alcohol per 210 liters of
19    breath; or
20        (B) the number of grams of alcohol per 100 milliliters
21    of blood; or
22        (C) the number of grams of alcohol per 67 milliliters
23    of urine.
24    Alcohol tests administered within 2 hours of the driver
25being "stopped or detained" shall be considered that driver's

 

 

10200HB1095sam001- 75 -LRB102 03109 RLC 41994 a

1"alcohol concentration" for the purposes of enforcing this
2UCDLA.
3    (3) (Blank).
4    (4) (Blank).
5    (5) (Blank).
6    (5.3) CDLIS driver record. "CDLIS driver record" means the
7electronic record of the individual CDL driver's status and
8history stored by the State-of-Record as part of the
9Commercial Driver's License Information System, or CDLIS,
10established under 49 U.S.C. 31309.
11    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
12record" or "CDLIS MVR" means a report generated from the CDLIS
13driver record meeting the requirements for access to CDLIS
14information and provided by states to users authorized in 49
15C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
16Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
17    (5.7) Commercial driver's license downgrade. "Commercial
18driver's license downgrade" or "CDL downgrade" means either:
19        (A) a state allows the driver to change his or her
20    self-certification to interstate, but operating
21    exclusively in transportation or operation excepted from
22    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
23    391.2, 391.68, or 398.3;
24        (B) a state allows the driver to change his or her
25    self-certification to intrastate only, if the driver
26    qualifies under that state's physical qualification

 

 

10200HB1095sam001- 76 -LRB102 03109 RLC 41994 a

1    requirements for intrastate only;
2        (C) a state allows the driver to change his or her
3    certification to intrastate, but operating exclusively in
4    transportation or operations excepted from all or part of
5    the state driver qualification requirements; or
6        (D) a state removes the CDL privilege from the driver
7    license.
8    (6) Commercial Motor Vehicle.
9        (A) "Commercial motor vehicle" or "CMV" means a motor
10    vehicle or combination of motor vehicles used in commerce,
11    except those referred to in subdivision (B), designed to
12    transport passengers or property if the motor vehicle:
13            (i) has a gross combination weight rating or gross
14        combination weight of 11,794 kilograms or more (26,001
15        pounds or more), whichever is greater, inclusive of
16        any towed unit with a gross vehicle weight rating or
17        gross vehicle weight of more than 4,536 kilograms
18        (10,000 pounds), whichever is greater; or
19            (i-5) has a gross vehicle weight rating or gross
20        vehicle weight of 11,794 or more kilograms (26,001
21        pounds or more), whichever is greater; or
22            (ii) is designed to transport 16 or more persons,
23        including the driver; or
24            (iii) is of any size and is used in transporting
25        hazardous materials as defined in 49 C.F.R. 383.5.
26        (B) Pursuant to the interpretation of the Commercial

 

 

10200HB1095sam001- 77 -LRB102 03109 RLC 41994 a

1    Motor Vehicle Safety Act of 1986 by the Federal Highway
2    Administration, the definition of "commercial motor
3    vehicle" does not include:
4            (i) recreational vehicles, when operated primarily
5        for personal use;
6            (ii) vehicles owned by or operated under the
7        direction of the United States Department of Defense
8        or the United States Coast Guard only when operated by
9        non-civilian personnel. This includes any operator on
10        active military duty; members of the Reserves;
11        National Guard; personnel on part-time training; and
12        National Guard military technicians (civilians who are
13        required to wear military uniforms and are subject to
14        the Code of Military Justice); or
15            (iii) firefighting, police, and other emergency
16        equipment (including, without limitation, equipment
17        owned or operated by a HazMat or technical rescue team
18        authorized by a county board under Section 5-1127 of
19        the Counties Code), with audible and visual signals,
20        owned or operated by or for a governmental entity,
21        which is necessary to the preservation of life or
22        property or the execution of emergency governmental
23        functions which are normally not subject to general
24        traffic rules and regulations.
25    (7) Controlled Substance. "Controlled substance" shall
26have the same meaning as defined in Section 102 of the Illinois

 

 

10200HB1095sam001- 78 -LRB102 03109 RLC 41994 a

1Controlled Substances Act, and shall also include cannabis as
2defined in Section 3 of the Cannabis Control Act and
3methamphetamine as defined in Section 10 of the
4Methamphetamine Control and Community Protection Act.
5    (8) Conviction. "Conviction" means an unvacated
6adjudication of guilt or a determination that a person has
7violated or failed to comply with the law in a court of
8original jurisdiction or by an authorized administrative
9tribunal; an unvacated forfeiture of bail or collateral
10deposited to secure the person's appearance in court; a plea
11of guilty or nolo contendere accepted by the court; the
12payment of a fine or court cost regardless of whether the
13imposition of sentence is deferred and ultimately a judgment
14dismissing the underlying charge is entered; or a violation of
15a condition of release without bail, regardless of whether or
16not the penalty is rebated, suspended or probated.
17    (8.5) Day. "Day" means calendar day.
18    (9) (Blank).
19    (10) (Blank).
20    (11) (Blank).
21    (12) (Blank).
22    (13) Driver. "Driver" means any person who drives,
23operates, or is in physical control of a commercial motor
24vehicle, any person who is required to hold a CDL, or any
25person who is a holder of a CDL while operating a
26non-commercial motor vehicle.

 

 

10200HB1095sam001- 79 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 80 -LRB102 03109 RLC 41994 a

1from an entity listed on the Federal Motor Carrier Safety
2Administration's Training Provider Registry prior to: (i)
3taking the CDL skills test required to receive the Class A or
4Class B CDL for the first time; (ii) taking the CDL skills test
5required to upgrade to a Class A or Class B CDL; or (iii)
6taking the CDL skills test required to obtain a passenger or
7school bus endorsement for the first time or the CDL knowledge
8test required to obtain a hazardous materials endorsement for
9the first time.
10    (15.3) Excepted interstate. "Excepted interstate" means a
11person who operates or expects to operate in interstate
12commerce, but engages exclusively in transportation or
13operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
14or 398.3 from all or part of the qualification requirements of
1549 C.F.R. Part 391 and is not required to obtain a medical
16examiner's certificate by 49 C.F.R. 391.45.
17    (15.5) Excepted intrastate. "Excepted intrastate" means a
18person who operates in intrastate commerce but engages
19exclusively in transportation or operations excepted from all
20or parts of the state driver qualification requirements.
21    (16) (Blank).
22    (16.5) Fatality. "Fatality" means the death of a person as
23a result of a motor vehicle accident.
24    (16.7) Foreign commercial driver. "Foreign commercial
25driver" means a person licensed to operate a commercial motor
26vehicle by an authority outside the United States, or a

 

 

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

 

 

10200HB1095sam001- 82 -LRB102 03109 RLC 41994 a

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

 

 

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

 

 

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1Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
2    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
3combination of motor vehicles not defined by the term
4"commercial motor vehicle" or "CMV" in this Section.
5    (22.7) Non-excepted interstate. "Non-excepted interstate"
6means a person who operates or expects to operate in
7interstate commerce, is subject to and meets the qualification
8requirements under 49 C.F.R. Part 391, and is required to
9obtain a medical examiner's certificate by 49 C.F.R. 391.45.
10    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
11means a person who operates only in intrastate commerce and is
12subject to State driver qualification requirements.
13    (23) Non-domiciled CLP or Non-domiciled CDL.
14"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
15respectively, issued by a state or other jurisdiction under
16either of the following two conditions:
17        (i) to an individual domiciled in a foreign country
18    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
19    of the Federal Motor Carrier Safety Administration.
20        (ii) to an individual domiciled in another state
21    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
22    of the Federal Motor Carrier Safety Administration.
23    (24) (Blank).
24    (25) (Blank).
25    (25.5) Railroad-Highway Grade Crossing Violation.
26"Railroad-highway grade crossing violation" means a violation,

 

 

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1while operating a commercial motor vehicle, of any of the
2following:
3        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
4        (B) Any other similar law or local ordinance of any
5    state relating to railroad-highway grade crossing.
6    (25.7) School Bus. "School bus" means a commercial motor
7vehicle used to transport pre-primary, primary, or secondary
8school students from home to school, from school to home, or to
9and from school-sponsored events. "School bus" does not
10include a bus used as a common carrier.
11    (26) Serious Traffic Violation. "Serious traffic
12violation" means:
13        (A) a conviction when operating a commercial motor
14    vehicle, or when operating a non-CMV while holding a CLP
15    or CDL, of:
16            (i) a violation relating to excessive speeding,
17        involving a single speeding charge of 15 miles per
18        hour or more above the legal speed limit; or
19            (ii) a violation relating to reckless driving; or
20            (iii) a violation of any State law or local
21        ordinance relating to motor vehicle traffic control
22        (other than parking violations) arising in connection
23        with a fatal traffic accident; or
24            (iv) a violation of Section 6-501, relating to
25        having multiple driver's licenses; or
26            (v) a violation of paragraph (a) of Section 6-507,

 

 

10200HB1095sam001- 86 -LRB102 03109 RLC 41994 a

1        relating to the requirement to have a valid CLP or CDL;
2        or
3            (vi) a violation relating to improper or erratic
4        traffic lane changes; or
5            (vii) a violation relating to following another
6        vehicle too closely; or
7            (viii) a violation relating to texting while
8        driving; or
9            (ix) a violation relating to the use of a
10        hand-held mobile telephone while driving; or
11        (B) any other similar violation of a law or local
12    ordinance of any state relating to motor vehicle traffic
13    control, other than a parking violation, which the
14    Secretary of State determines by administrative rule to be
15    serious.
16    (27) State. "State" means a state of the United States,
17the District of Columbia and any province or territory of
18Canada.
19    (28) (Blank).
20    (29) (Blank).
21    (30) (Blank).
22    (31) (Blank).
23    (32) Texting. "Texting" means manually entering
24alphanumeric text into, or reading text from, an electronic
25device.
26        (1) Texting includes, but is not limited to, short

 

 

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1    message service, emailing, instant messaging, a command or
2    request to access a World Wide Web page, pressing more
3    than a single button to initiate or terminate a voice
4    communication using a mobile telephone, or engaging in any
5    other form of electronic text retrieval or entry for
6    present or future communication.
7        (2) Texting does not include:
8            (i) inputting, selecting, or reading information
9        on a global positioning system or navigation system;
10        or
11            (ii) pressing a single button to initiate or
12        terminate a voice communication using a mobile
13        telephone; or
14            (iii) using a device capable of performing
15        multiple functions (for example, a fleet management
16        system, dispatching device, smart phone, citizens band
17        radio, or music player) for a purpose that is not
18        otherwise prohibited by Part 392 of the Federal Motor
19        Carrier Safety Regulations.
20    (32.3) Third party skills test examiner. "Third party
21skills test examiner" means a person employed by a third party
22tester who is authorized by the State to administer the CDL
23skills tests specified in 49 C.F.R. Part 383, subparts G and H.
24    (32.5) Third party tester. "Third party tester" means a
25person (including, but not limited to, another state, a motor
26carrier, a private driver training facility or other private

 

 

10200HB1095sam001- 88 -LRB102 03109 RLC 41994 a

1institution, or a department, agency, or instrumentality of a
2local government) authorized by the State to employ skills
3test examiners to administer the CDL skills tests specified in
449 C.F.R. Part 383, subparts G and H.
5    (32.7) United States. "United States" means the 50 states
6and the District of Columbia.
7    (33) Use a hand-held mobile telephone. "Use a hand-held
8mobile telephone" means:
9        (1) using at least one hand to hold a mobile telephone
10    to conduct a voice communication;
11        (2) dialing or answering a mobile telephone by
12    pressing more than a single button; or
13        (3) reaching for a mobile telephone in a manner that
14    requires a driver to maneuver so that he or she is no
15    longer in a seated driving position, restrained by a seat
16    belt that is installed in accordance with 49 CFR 393.93
17    and adjusted in accordance with the vehicle manufacturer's
18    instructions.
19(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20.)
 
20    (Text of Section after amendment by P.A. 101-652 but
21before amendment by P.A. 102-982)
22    Sec. 6-500. Definitions of words and phrases.
23Notwithstanding the definitions set forth elsewhere in this
24Code, for purposes of the Uniform Commercial Driver's License
25Act (UCDLA), the words and phrases listed below have the

 

 

10200HB1095sam001- 89 -LRB102 03109 RLC 41994 a

1meanings ascribed to them as follows:
2    (1) Alcohol. "Alcohol" means any substance containing any
3form of alcohol, including but not limited to ethanol,
4methanol, propanol, and isopropanol.
5    (2) Alcohol concentration. "Alcohol concentration" means:
6        (A) the number of grams of alcohol per 210 liters of
7    breath; or
8        (B) the number of grams of alcohol per 100 milliliters
9    of blood; or
10        (C) the number of grams of alcohol per 67 milliliters
11    of urine.
12    Alcohol tests administered within 2 hours of the driver
13being "stopped or detained" shall be considered that driver's
14"alcohol concentration" for the purposes of enforcing this
15UCDLA.
16    (3) (Blank).
17    (4) (Blank).
18    (5) (Blank).
19    (5.3) CDLIS driver record. "CDLIS driver record" means the
20electronic record of the individual CDL driver's status and
21history stored by the State-of-Record as part of the
22Commercial Driver's License Information System, or CDLIS,
23established under 49 U.S.C. 31309.
24    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
25record" or "CDLIS MVR" means a report generated from the CDLIS
26driver record meeting the requirements for access to CDLIS

 

 

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1information and provided by states to users authorized in 49
2C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
3Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
4    (5.7) Commercial driver's license downgrade. "Commercial
5driver's license downgrade" or "CDL downgrade" means either:
6        (A) a state allows the driver to change his or her
7    self-certification to interstate, but operating
8    exclusively in transportation or operation excepted from
9    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
10    391.2, 391.68, or 398.3;
11        (B) a state allows the driver to change his or her
12    self-certification to intrastate only, if the driver
13    qualifies under that state's physical qualification
14    requirements for intrastate only;
15        (C) a state allows the driver to change his or her
16    certification to intrastate, but operating exclusively in
17    transportation or operations excepted from all or part of
18    the state driver qualification requirements; or
19        (D) a state removes the CDL privilege from the driver
20    license.
21    (6) Commercial Motor Vehicle.
22        (A) "Commercial motor vehicle" or "CMV" means a motor
23    vehicle or combination of motor vehicles used in commerce,
24    except those referred to in subdivision (B), designed to
25    transport passengers or property if the motor vehicle:
26            (i) has a gross combination weight rating or gross

 

 

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1        combination weight of 11,794 kilograms or more (26,001
2        pounds or more), whichever is greater, inclusive of
3        any towed unit with a gross vehicle weight rating or
4        gross vehicle weight of more than 4,536 kilograms
5        (10,000 pounds), whichever is greater; or
6            (i-5) has a gross vehicle weight rating or gross
7        vehicle weight of 11,794 or more kilograms (26,001
8        pounds or more), whichever is greater; or
9            (ii) is designed to transport 16 or more persons,
10        including the driver; or
11            (iii) is of any size and is used in transporting
12        hazardous materials as defined in 49 C.F.R. 383.5.
13        (B) Pursuant to the interpretation of the Commercial
14    Motor Vehicle Safety Act of 1986 by the Federal Highway
15    Administration, the definition of "commercial motor
16    vehicle" does not include:
17            (i) recreational vehicles, when operated primarily
18        for personal use;
19            (ii) vehicles owned by or operated under the
20        direction of the United States Department of Defense
21        or the United States Coast Guard only when operated by
22        non-civilian personnel. This includes any operator on
23        active military duty; members of the Reserves;
24        National Guard; personnel on part-time training; and
25        National Guard military technicians (civilians who are
26        required to wear military uniforms and are subject to

 

 

10200HB1095sam001- 92 -LRB102 03109 RLC 41994 a

1        the Code of Military Justice); or
2            (iii) firefighting, police, and other emergency
3        equipment (including, without limitation, equipment
4        owned or operated by a HazMat or technical rescue team
5        authorized by a county board under Section 5-1127 of
6        the Counties Code), with audible and visual signals,
7        owned or operated by or for a governmental entity,
8        which is necessary to the preservation of life or
9        property or the execution of emergency governmental
10        functions which are normally not subject to general
11        traffic rules and regulations.
12    (7) Controlled Substance. "Controlled substance" shall
13have the same meaning as defined in Section 102 of the Illinois
14Controlled Substances Act, and shall also include cannabis as
15defined in Section 3 of the Cannabis Control Act and
16methamphetamine as defined in Section 10 of the
17Methamphetamine Control and Community Protection Act.
18    (8) Conviction. "Conviction" means an unvacated
19adjudication of guilt or a determination that a person has
20violated or failed to comply with the law in a court of
21original jurisdiction or by an authorized administrative
22tribunal; an unvacated revocation of pretrial release or
23forfeiture of bail or collateral deposited to secure the
24person's appearance in court; a plea of guilty or nolo
25contendere accepted by the court; or the payment of a fine or
26court cost regardless of whether the imposition of sentence is

 

 

10200HB1095sam001- 93 -LRB102 03109 RLC 41994 a

1deferred and ultimately a judgment dismissing the underlying
2charge is entered; or a violation of a condition of pretrial
3release without bail, regardless of whether or not the penalty
4is rebated, suspended or probated.
5    (8.5) Day. "Day" means calendar day.
6    (9) (Blank).
7    (10) (Blank).
8    (11) (Blank).
9    (12) (Blank).
10    (13) Driver. "Driver" means any person who drives,
11operates, or is in physical control of a commercial motor
12vehicle, any person who is required to hold a CDL, or any
13person who is a holder of a CDL while operating a
14non-commercial motor vehicle.
15    (13.5) Driver applicant. "Driver applicant" means an
16individual who applies to a state or other jurisdiction to
17obtain, transfer, upgrade, or renew a CDL or to obtain or renew
18a CLP.
19    (13.8) Electronic device. "Electronic device" includes,
20but is not limited to, a cellular telephone, personal digital
21assistant, pager, computer, or any other device used to input,
22write, send, receive, or read text.
23    (14) Employee. "Employee" means a person who is employed
24as a commercial motor vehicle driver. A person who is
25self-employed as a commercial motor vehicle driver must comply
26with the requirements of this UCDLA pertaining to employees.

 

 

10200HB1095sam001- 94 -LRB102 03109 RLC 41994 a

1An owner-operator on a long-term lease shall be considered an
2employee.
3    (15) Employer. "Employer" means a person (including the
4United States, a State or a local authority) who owns or leases
5a commercial motor vehicle or assigns employees to operate
6such a vehicle. A person who is self-employed as a commercial
7motor vehicle driver must comply with the requirements of this
8UCDLA.
9    (15.1) Endorsement. "Endorsement" means an authorization
10to an individual's CLP or CDL required to permit the
11individual to operate certain types of commercial motor
12vehicles.
13    (15.2) Entry-level driver training. "Entry-level driver
14training" means the training an entry-level driver receives
15from an entity listed on the Federal Motor Carrier Safety
16Administration's Training Provider Registry prior to: (i)
17taking the CDL skills test required to receive the Class A or
18Class B CDL for the first time; (ii) taking the CDL skills test
19required to upgrade to a Class A or Class B CDL; or (iii)
20taking the CDL skills test required to obtain a passenger or
21school bus endorsement for the first time or the CDL knowledge
22test required to obtain a hazardous materials endorsement for
23the first time.
24    (15.3) Excepted interstate. "Excepted interstate" means a
25person who operates or expects to operate in interstate
26commerce, but engages exclusively in transportation or

 

 

10200HB1095sam001- 95 -LRB102 03109 RLC 41994 a

1operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
2or 398.3 from all or part of the qualification requirements of
349 C.F.R. Part 391 and is not required to obtain a medical
4examiner's certificate by 49 C.F.R. 391.45.
5    (15.5) Excepted intrastate. "Excepted intrastate" means a
6person who operates in intrastate commerce but engages
7exclusively in transportation or operations excepted from all
8or parts of the state driver qualification requirements.
9    (16) (Blank).
10    (16.5) Fatality. "Fatality" means the death of a person as
11a result of a motor vehicle accident.
12    (16.7) Foreign commercial driver. "Foreign commercial
13driver" means a person licensed to operate a commercial motor
14vehicle by an authority outside the United States, or a
15citizen of a foreign country who operates a commercial motor
16vehicle in the United States.
17    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
18sovereign jurisdiction that does not fall within the
19definition of "State".
20    (18) (Blank).
21    (19) (Blank).
22    (20) Hazardous materials. "Hazardous material" means any
23material that has been designated under 49 U.S.C. 5103 and is
24required to be placarded under subpart F of 49 C.F.R. part 172
25or any quantity of a material listed as a select agent or toxin
26in 42 C.F.R. part 73.

 

 

10200HB1095sam001- 96 -LRB102 03109 RLC 41994 a

1    (20.5) Imminent Hazard. "Imminent hazard" means the
2existence of any condition of a vehicle, employee, or
3commercial motor vehicle operations that substantially
4increases the likelihood of serious injury or death if not
5discontinued immediately; or a condition relating to hazardous
6material that presents a substantial likelihood that death,
7serious illness, severe personal injury, or a substantial
8endangerment to health, property, or the environment may occur
9before the reasonably foreseeable completion date of a formal
10proceeding begun to lessen the risk of that death, illness,
11injury or endangerment.
12    (20.6) Issuance. "Issuance" means initial issuance,
13transfer, renewal, or upgrade of a CLP or CDL and
14non-domiciled CLP or CDL.
15    (20.7) Issue. "Issue" means initial issuance, transfer,
16renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
17non-domiciled CDL.
18    (21) Long-term lease. "Long-term lease" means a lease of a
19commercial motor vehicle by the owner-lessor to a lessee, for
20a period of more than 29 days.
21    (21.01) Manual transmission. "Manual transmission" means a
22transmission utilizing a driver-operated clutch that is
23activated by a pedal or lever and a gear-shift mechanism
24operated either by hand or foot including those known as a
25stick shift, stick, straight drive, or standard transmission.
26All other transmissions, whether semi-automatic or automatic,

 

 

10200HB1095sam001- 97 -LRB102 03109 RLC 41994 a

1shall be considered automatic for the purposes of the
2standardized restriction code.
3    (21.1) Medical examiner. "Medical examiner" means an
4individual certified by the Federal Motor Carrier Safety
5Administration and listed on the National Registry of
6Certified Medical Examiners in accordance with Federal Motor
7Carrier Safety Regulations, 49 CFR 390.101 et seq.
8    (21.2) Medical examiner's certificate. "Medical examiner's
9certificate" means either (1) prior to June 22, 2021, a
10document prescribed or approved by the Secretary of State that
11is issued by a medical examiner to a driver to medically
12qualify him or her to drive; or (2) beginning June 22, 2021, an
13electronic submission of results of an examination conducted
14by a medical examiner listed on the National Registry of
15Certified Medical Examiners to the Federal Motor Carrier
16Safety Administration of a driver to medically qualify him or
17her to drive.
18    (21.5) Medical variance. "Medical variance" means a driver
19has received one of the following from the Federal Motor
20Carrier Safety Administration which allows the driver to be
21issued a medical certificate: (1) an exemption letter
22permitting operation of a commercial motor vehicle pursuant to
2349 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
24skill performance evaluation (SPE) certificate permitting
25operation of a commercial motor vehicle pursuant to 49 C.F.R.
26391.49.

 

 

10200HB1095sam001- 98 -LRB102 03109 RLC 41994 a

1    (21.7) Mobile telephone. "Mobile telephone" means a mobile
2communication device that falls under or uses any commercial
3mobile radio service, as defined in regulations of the Federal
4Communications Commission, 47 CFR 20.3. It does not include
5two-way or citizens band radio services.
6    (22) Motor Vehicle. "Motor vehicle" means every vehicle
7which is self-propelled, and every vehicle which is propelled
8by electric power obtained from over head trolley wires but
9not operated upon rails, except vehicles moved solely by human
10power and motorized wheel chairs.
11    (22.2) Motor vehicle record. "Motor vehicle record" means
12a report of the driving status and history of a driver
13generated from the driver record provided to users, such as
14drivers or employers, and is subject to the provisions of the
15Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
16    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
17combination of motor vehicles not defined by the term
18"commercial motor vehicle" or "CMV" in this Section.
19    (22.7) Non-excepted interstate. "Non-excepted interstate"
20means a person who operates or expects to operate in
21interstate commerce, is subject to and meets the qualification
22requirements under 49 C.F.R. Part 391, and is required to
23obtain a medical examiner's certificate by 49 C.F.R. 391.45.
24    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
25means a person who operates only in intrastate commerce and is
26subject to State driver qualification requirements.

 

 

10200HB1095sam001- 99 -LRB102 03109 RLC 41994 a

1    (23) Non-domiciled CLP or Non-domiciled CDL.
2"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
3respectively, issued by a state or other jurisdiction under
4either of the following two conditions:
5        (i) to an individual domiciled in a foreign country
6    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
7    of the Federal Motor Carrier Safety Administration.
8        (ii) to an individual domiciled in another state
9    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
10    of the Federal Motor Carrier Safety Administration.
11    (24) (Blank).
12    (25) (Blank).
13    (25.5) Railroad-Highway Grade Crossing Violation.
14"Railroad-highway grade crossing violation" means a violation,
15while operating a commercial motor vehicle, of any of the
16following:
17        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
18        (B) Any other similar law or local ordinance of any
19    state relating to railroad-highway grade crossing.
20    (25.7) School Bus. "School bus" means a commercial motor
21vehicle used to transport pre-primary, primary, or secondary
22school students from home to school, from school to home, or to
23and from school-sponsored events. "School bus" does not
24include a bus used as a common carrier.
25    (26) Serious Traffic Violation. "Serious traffic
26violation" means:

 

 

10200HB1095sam001- 100 -LRB102 03109 RLC 41994 a

1        (A) a conviction when operating a commercial motor
2    vehicle, or when operating a non-CMV while holding a CLP
3    or CDL, of:
4            (i) a violation relating to excessive speeding,
5        involving a single speeding charge of 15 miles per
6        hour or more above the legal speed limit; or
7            (ii) a violation relating to reckless driving; or
8            (iii) a violation of any State law or local
9        ordinance relating to motor vehicle traffic control
10        (other than parking violations) arising in connection
11        with a fatal traffic accident; or
12            (iv) a violation of Section 6-501, relating to
13        having multiple driver's licenses; or
14            (v) a violation of paragraph (a) of Section 6-507,
15        relating to the requirement to have a valid CLP or CDL;
16        or
17            (vi) a violation relating to improper or erratic
18        traffic lane changes; or
19            (vii) a violation relating to following another
20        vehicle too closely; or
21            (viii) a violation relating to texting while
22        driving; or
23            (ix) a violation relating to the use of a
24        hand-held mobile telephone while driving; or
25        (B) any other similar violation of a law or local
26    ordinance of any state relating to motor vehicle traffic

 

 

10200HB1095sam001- 101 -LRB102 03109 RLC 41994 a

1    control, other than a parking violation, which the
2    Secretary of State determines by administrative rule to be
3    serious.
4    (27) State. "State" means a state of the United States,
5the District of Columbia and any province or territory of
6Canada.
7    (28) (Blank).
8    (29) (Blank).
9    (30) (Blank).
10    (31) (Blank).
11    (32) Texting. "Texting" means manually entering
12alphanumeric text into, or reading text from, an electronic
13device.
14        (1) Texting includes, but is not limited to, short
15    message service, emailing, instant messaging, a command or
16    request to access a World Wide Web page, pressing more
17    than a single button to initiate or terminate a voice
18    communication using a mobile telephone, or engaging in any
19    other form of electronic text retrieval or entry for
20    present or future communication.
21        (2) Texting does not include:
22            (i) inputting, selecting, or reading information
23        on a global positioning system or navigation system;
24        or
25            (ii) pressing a single button to initiate or
26        terminate a voice communication using a mobile

 

 

10200HB1095sam001- 102 -LRB102 03109 RLC 41994 a

1        telephone; or
2            (iii) using a device capable of performing
3        multiple functions (for example, a fleet management
4        system, dispatching device, smart phone, citizens band
5        radio, or music player) for a purpose that is not
6        otherwise prohibited by Part 392 of the Federal Motor
7        Carrier Safety Regulations.
8    (32.3) Third party skills test examiner. "Third party
9skills test examiner" means a person employed by a third party
10tester who is authorized by the State to administer the CDL
11skills tests specified in 49 C.F.R. Part 383, subparts G and H.
12    (32.5) Third party tester. "Third party tester" means a
13person (including, but not limited to, another state, a motor
14carrier, a private driver training facility or other private
15institution, or a department, agency, or instrumentality of a
16local government) authorized by the State to employ skills
17test examiners to administer the CDL skills tests specified in
1849 C.F.R. Part 383, subparts G and H.
19    (32.7) United States. "United States" means the 50 states
20and the District of Columbia.
21    (33) Use a hand-held mobile telephone. "Use a hand-held
22mobile telephone" means:
23        (1) using at least one hand to hold a mobile telephone
24    to conduct a voice communication;
25        (2) dialing or answering a mobile telephone by
26    pressing more than a single button; or

 

 

10200HB1095sam001- 103 -LRB102 03109 RLC 41994 a

1        (3) reaching for a mobile telephone in a manner that
2    requires a driver to maneuver so that he or she is no
3    longer in a seated driving position, restrained by a seat
4    belt that is installed in accordance with 49 CFR 393.93
5    and adjusted in accordance with the vehicle manufacturer's
6    instructions.
7(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
8101-652, eff. 1-1-23.)
 
9    (Text of Section after amendment by P.A. 102-982)
10    Sec. 6-500. Definitions of words and phrases.
11Notwithstanding the definitions set forth elsewhere in this
12Code, for purposes of the Uniform Commercial Driver's License
13Act (UCDLA), the words and phrases listed below have the
14meanings ascribed to them as follows:
15    (1) Alcohol. "Alcohol" means any substance containing any
16form of alcohol, including but not limited to ethanol,
17methanol, propanol, and isopropanol.
18    (2) Alcohol concentration. "Alcohol concentration" means:
19        (A) the number of grams of alcohol per 210 liters of
20    breath; or
21        (B) the number of grams of alcohol per 100 milliliters
22    of blood; or
23        (C) the number of grams of alcohol per 67 milliliters
24    of urine.
25    Alcohol tests administered within 2 hours of the driver

 

 

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1being "stopped or detained" shall be considered that driver's
2"alcohol concentration" for the purposes of enforcing this
3UCDLA.
4    (3) (Blank).
5    (4) (Blank).
6    (5) (Blank).
7    (5.3) CDLIS driver record. "CDLIS driver record" means the
8electronic record of the individual CDL driver's status and
9history stored by the State-of-Record as part of the
10Commercial Driver's License Information System, or CDLIS,
11established under 49 U.S.C. 31309.
12    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
13record" or "CDLIS MVR" means a report generated from the CDLIS
14driver record meeting the requirements for access to CDLIS
15information and provided by states to users authorized in 49
16C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
17Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
18    (5.7) Commercial driver's license downgrade. "Commercial
19driver's license downgrade" or "CDL downgrade" means either:
20        (A) a state allows the driver to change his or her
21    self-certification to interstate, but operating
22    exclusively in transportation or operation excepted from
23    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
24    391.2, 391.68, or 398.3;
25        (B) a state allows the driver to change his or her
26    self-certification to intrastate only, if the driver

 

 

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1    qualifies under that state's physical qualification
2    requirements for intrastate only;
3        (C) a state allows the driver to change his or her
4    certification to intrastate, but operating exclusively in
5    transportation or operations excepted from all or part of
6    the state driver qualification requirements; or
7        (D) a state removes the CDL privilege from the driver
8    license.
9    (6) Commercial Motor Vehicle.
10        (A) "Commercial motor vehicle" or "CMV" means a motor
11    vehicle or combination of motor vehicles used in commerce,
12    except those referred to in subdivision (B), designed to
13    transport passengers or property if the motor vehicle:
14            (i) has a gross combination weight rating or gross
15        combination weight of 11,794 kilograms or more (26,001
16        pounds or more), whichever is greater, inclusive of
17        any towed unit with a gross vehicle weight rating or
18        gross vehicle weight of more than 4,536 kilograms
19        (10,000 pounds), whichever is greater; or
20            (i-5) has a gross vehicle weight rating or gross
21        vehicle weight of 11,794 or more kilograms (26,001
22        pounds or more), whichever is greater; or
23            (ii) is designed to transport 16 or more persons,
24        including the driver; or
25            (iii) is of any size and is used in transporting
26        hazardous materials as defined in 49 C.F.R. 383.5.

 

 

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1        (B) Pursuant to the interpretation of the Commercial
2    Motor Vehicle Safety Act of 1986 by the Federal Highway
3    Administration, the definition of "commercial motor
4    vehicle" does not include:
5            (i) recreational vehicles, when operated primarily
6        for personal use;
7            (ii) vehicles owned by or operated under the
8        direction of the United States Department of Defense
9        or the United States Coast Guard only when operated by
10        non-civilian personnel. This includes any operator on
11        active military duty; members of the Reserves;
12        National Guard; personnel on part-time training; and
13        National Guard military technicians (civilians who are
14        required to wear military uniforms and are subject to
15        the Code of Military Justice); or
16            (iii) firefighting, police, and other emergency
17        equipment (including, without limitation, equipment
18        owned or operated by a HazMat or technical rescue team
19        authorized by a county board under Section 5-1127 of
20        the Counties Code), with audible and visual signals,
21        owned or operated by or for a governmental entity,
22        which is necessary to the preservation of life or
23        property or the execution of emergency governmental
24        functions which are normally not subject to general
25        traffic rules and regulations.
26    (7) Controlled Substance. "Controlled substance" shall

 

 

10200HB1095sam001- 107 -LRB102 03109 RLC 41994 a

1have the same meaning as defined in Section 102 of the Illinois
2Controlled Substances Act, and shall also include cannabis as
3defined in Section 3 of the Cannabis Control Act and
4methamphetamine as defined in Section 10 of the
5Methamphetamine Control and Community Protection Act.
6    (8) Conviction. "Conviction" means an unvacated
7adjudication of guilt or a determination that a person has
8violated or failed to comply with the law in a court of
9original jurisdiction or by an authorized administrative
10tribunal; an unvacated revocation of pretrial release or
11forfeiture of bail or collateral deposited to secure the
12person's appearance in court; a plea of guilty or nolo
13contendere accepted by the court; or the payment of a fine or
14court cost regardless of whether the imposition of sentence is
15deferred and ultimately a judgment dismissing the underlying
16charge is entered; or a violation of a condition of pretrial
17release without bail, regardless of whether or not the penalty
18is rebated, suspended or probated.
19    (8.5) Day. "Day" means calendar day.
20    (9) (Blank).
21    (10) (Blank).
22    (11) (Blank).
23    (12) (Blank).
24    (13) Driver. "Driver" means any person who drives,
25operates, or is in physical control of a commercial motor
26vehicle, any person who is required to hold a CDL, or any

 

 

10200HB1095sam001- 108 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 109 -LRB102 03109 RLC 41994 a

1    (15.2) Entry-level driver training. "Entry-level driver
2training" means the training an entry-level driver receives
3from an entity listed on the Federal Motor Carrier Safety
4Administration's Training Provider Registry prior to: (i)
5taking the CDL skills test required to receive the Class A or
6Class B CDL for the first time; (ii) taking the CDL skills test
7required to upgrade to a Class A or Class B CDL; or (iii)
8taking the CDL skills test required to obtain a passenger or
9school bus endorsement for the first time or the CDL knowledge
10test required to obtain a hazardous materials endorsement for
11the first time.
12    (15.3) Excepted interstate. "Excepted interstate" means a
13person who operates or expects to operate in interstate
14commerce, but engages exclusively in transportation or
15operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
16or 398.3 from all or part of the qualification requirements of
1749 C.F.R. Part 391 and is not required to obtain a medical
18examiner's certificate by 49 C.F.R. 391.45.
19    (15.5) Excepted intrastate. "Excepted intrastate" means a
20person who operates in intrastate commerce but engages
21exclusively in transportation or operations excepted from all
22or parts of the state driver qualification requirements.
23    (16) (Blank).
24    (16.5) Fatality. "Fatality" means the death of a person as
25a result of a motor vehicle crash.
26    (16.7) Foreign commercial driver. "Foreign commercial

 

 

10200HB1095sam001- 110 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 111 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 112 -LRB102 03109 RLC 41994 a

1electronic submission of results of an examination conducted
2by a medical examiner listed on the National Registry of
3Certified Medical Examiners to the Federal Motor Carrier
4Safety Administration of a driver to medically qualify him or
5her to drive.
6    (21.5) Medical variance. "Medical variance" means a driver
7has received one of the following from the Federal Motor
8Carrier Safety Administration which allows the driver to be
9issued a medical certificate: (1) an exemption letter
10permitting operation of a commercial motor vehicle pursuant to
1149 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
12skill performance evaluation (SPE) certificate permitting
13operation of a commercial motor vehicle pursuant to 49 C.F.R.
14391.49.
15    (21.7) Mobile telephone. "Mobile telephone" means a mobile
16communication device that falls under or uses any commercial
17mobile radio service, as defined in regulations of the Federal
18Communications Commission, 47 CFR 20.3. It does not include
19two-way or citizens band radio services.
20    (22) Motor Vehicle. "Motor vehicle" means every vehicle
21which is self-propelled, and every vehicle which is propelled
22by electric power obtained from over head trolley wires but
23not operated upon rails, except vehicles moved solely by human
24power and motorized wheel chairs.
25    (22.2) Motor vehicle record. "Motor vehicle record" means
26a report of the driving status and history of a driver

 

 

10200HB1095sam001- 113 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 114 -LRB102 03109 RLC 41994 a

1    (25.5) Railroad-Highway Grade Crossing Violation.
2"Railroad-highway grade crossing violation" means a violation,
3while operating a commercial motor vehicle, of any of the
4following:
5        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
6        (B) Any other similar law or local ordinance of any
7    state relating to railroad-highway grade crossing.
8    (25.7) School Bus. "School bus" means a commercial motor
9vehicle used to transport pre-primary, primary, or secondary
10school students from home to school, from school to home, or to
11and from school-sponsored events. "School bus" does not
12include a bus used as a common carrier.
13    (26) Serious Traffic Violation. "Serious traffic
14violation" means:
15        (A) a conviction when operating a commercial motor
16    vehicle, or when operating a non-CMV while holding a CLP
17    or CDL, of:
18            (i) a violation relating to excessive speeding,
19        involving a single speeding charge of 15 miles per
20        hour or more above the legal speed limit; or
21            (ii) a violation relating to reckless driving; or
22            (iii) a violation of any State law or local
23        ordinance relating to motor vehicle traffic control
24        (other than parking violations) arising in connection
25        with a fatal traffic crash; or
26            (iv) a violation of Section 6-501, relating to

 

 

10200HB1095sam001- 115 -LRB102 03109 RLC 41994 a

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

 

 

10200HB1095sam001- 116 -LRB102 03109 RLC 41994 a

1device.
2        (1) Texting includes, but is not limited to, short
3    message service, emailing, instant messaging, a command or
4    request to access a World Wide Web page, pressing more
5    than a single button to initiate or terminate a voice
6    communication using a mobile telephone, or engaging in any
7    other form of electronic text retrieval or entry for
8    present or future communication.
9        (2) Texting does not include:
10            (i) inputting, selecting, or reading information
11        on a global positioning system or navigation system;
12        or
13            (ii) pressing a single button to initiate or
14        terminate a voice communication using a mobile
15        telephone; or
16            (iii) using a device capable of performing
17        multiple functions (for example, a fleet management
18        system, dispatching device, smart phone, citizens band
19        radio, or music player) for a purpose that is not
20        otherwise prohibited by Part 392 of the Federal Motor
21        Carrier Safety Regulations.
22    (32.3) Third party skills test examiner. "Third party
23skills test examiner" means a person employed by a third party
24tester who is authorized by the State to administer the CDL
25skills tests specified in 49 C.F.R. Part 383, subparts G and H.
26    (32.5) Third party tester. "Third party tester" means a

 

 

10200HB1095sam001- 117 -LRB102 03109 RLC 41994 a

1person (including, but not limited to, another state, a motor
2carrier, a private driver training facility or other private
3institution, or a department, agency, or instrumentality of a
4local government) authorized by the State to employ skills
5test examiners to administer the CDL skills tests specified in
649 C.F.R. Part 383, subparts G and H.
7    (32.7) United States. "United States" means the 50 states
8and the District of Columbia.
9    (33) Use a hand-held mobile telephone. "Use a hand-held
10mobile telephone" means:
11        (1) using at least one hand to hold a mobile telephone
12    to conduct a voice communication;
13        (2) dialing or answering a mobile telephone by
14    pressing more than a single button; or
15        (3) reaching for a mobile telephone in a manner that
16    requires a driver to maneuver so that he or she is no
17    longer in a seated driving position, restrained by a seat
18    belt that is installed in accordance with 49 CFR 393.93
19    and adjusted in accordance with the vehicle manufacturer's
20    instructions.
21(Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;
22102-982, eff. 7-1-23.)
 
23    Section 55. The Snowmobile Registration and Safety Act is
24amended by changing Section 5-7 as follows:
 

 

 

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1    (625 ILCS 40/5-7)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 5-7. Operating a snowmobile while under the influence
4of alcohol or other drug or drugs, intoxicating compound or
5compounds, or a combination of them; criminal penalties;
6suspension of operating privileges.
7    (a) A person may not operate or be in actual physical
8control of a snowmobile within this State while:
9        1. The alcohol concentration in that person's blood,
10    other bodily substance, or breath is a concentration at
11    which driving a motor vehicle is prohibited under
12    subdivision (1) of subsection (a) of Section 11-501 of the
13    Illinois Vehicle Code;
14        2. The person is under the influence of alcohol;
15        3. The person is under the influence of any other drug
16    or combination of drugs to a degree that renders that
17    person incapable of safely operating a snowmobile;
18        3.1. The person is under the influence of any
19    intoxicating compound or combination of intoxicating
20    compounds to a degree that renders the person incapable of
21    safely operating a snowmobile;
22        4. The person is under the combined influence of
23    alcohol and any other drug or drugs or intoxicating
24    compound or compounds to a degree that renders that person
25    incapable of safely operating a snowmobile;
26        4.3. The person who is not a CDL holder has a

 

 

10200HB1095sam001- 119 -LRB102 03109 RLC 41994 a

1    tetrahydrocannabinol concentration in the person's whole
2    blood or other bodily substance at which driving a motor
3    vehicle is prohibited under subdivision (7) of subsection
4    (a) of Section 11-501 of the Illinois Vehicle Code;
5        4.5. The person who is a CDL holder has any amount of a
6    drug, substance, or compound in the person's breath,
7    blood, other bodily substance, or urine resulting from the
8    unlawful use or consumption of cannabis listed in the
9    Cannabis Control Act; or
10        5. There is any amount of a drug, substance, or
11    compound in that person's breath, blood, other bodily
12    substance, or urine resulting from the unlawful use or
13    consumption of a controlled substance listed in the
14    Illinois Controlled Substances Act, methamphetamine as
15    listed in the Methamphetamine Control and Community
16    Protection Act, or intoxicating compound listed in the use
17    of Intoxicating Compounds Act.
18    (b) The fact that a person charged with violating this
19Section is or has been legally entitled to use alcohol, other
20drug or drugs, any intoxicating compound or compounds, or any
21combination of them does not constitute a defense against a
22charge of violating this Section.
23    (c) Every person convicted of violating this Section or a
24similar provision of a local ordinance is guilty of a Class A
25misdemeanor, except as otherwise provided in this Section.
26    (c-1) As used in this Section, "first time offender" means

 

 

10200HB1095sam001- 120 -LRB102 03109 RLC 41994 a

1any person who has not had a previous conviction or been
2assigned supervision for violating this Section or a similar
3provision of a local ordinance, or any person who has not had a
4suspension imposed under subsection (e) of Section 5-7.1.
5    (c-2) For purposes of this Section, the following are
6equivalent to a conviction:
7        (1) a forfeiture of bail or collateral deposited to
8    secure a defendant's appearance in court when forfeiture
9    has not been vacated; or
10        (2) the failure of a defendant to appear for trial.
11    (d) Every person convicted of violating this Section is
12guilty of a Class 4 felony if:
13        1. The person has a previous conviction under this
14    Section;
15        2. The offense results in personal injury where a
16    person other than the operator suffers great bodily harm
17    or permanent disability or disfigurement, when the
18    violation was a proximate cause of the injuries. A person
19    guilty of a Class 4 felony under this paragraph 2, if
20    sentenced to a term of imprisonment, shall be sentenced to
21    not less than one year nor more than 12 years; or
22        3. The offense occurred during a period in which the
23    person's privileges to operate a snowmobile are revoked or
24    suspended, and the revocation or suspension was for a
25    violation of this Section or was imposed under Section
26    5-7.1.

 

 

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1    (e) Every person convicted of violating this Section is
2guilty of a Class 2 felony if the offense results in the death
3of a person. A person guilty of a Class 2 felony under this
4subsection (e), if sentenced to a term of imprisonment, shall
5be sentenced to a term of not less than 3 years and not more
6than 14 years.
7    (e-1) Every person convicted of violating this Section or
8a similar provision of a local ordinance who had a child under
9the age of 16 on board the snowmobile at the time of offense
10shall be subject to a mandatory minimum fine of $500 and shall
11be subject to a mandatory minimum of 5 days of community
12service in a program benefiting children. The assignment under
13this subsection shall not be subject to suspension nor shall
14the person be eligible for probation in order to reduce the
15assignment.
16    (e-2) Every person found guilty of violating this Section,
17whose operation of a snowmobile while in violation of this
18Section proximately caused any incident resulting in an
19appropriate emergency response, shall be liable for the
20expense of an emergency response as provided in subsection (i)
21of Section 11-501.01 of the Illinois Vehicle Code.
22    (e-3) In addition to any other penalties and liabilities,
23a person who is found guilty of violating this Section,
24including any person placed on court supervision, shall be
25fined $100, payable to the circuit clerk, who shall distribute
26the money to the law enforcement agency that made the arrest or

 

 

10200HB1095sam001- 122 -LRB102 03109 RLC 41994 a

1as provided in subsection (c) of Section 10-5 of the Criminal
2and Traffic Assessment Act if the arresting agency is a State
3agency, unless more than one agency is responsible for the
4arrest, in which case the amount shall be remitted to each unit
5of government equally. Any moneys received by a law
6enforcement agency under this subsection (e-3) shall be used
7to purchase law enforcement equipment or to provide law
8enforcement training that will assist in the prevention of
9alcohol related criminal violence throughout the State. Law
10enforcement equipment shall include, but is not limited to,
11in-car video cameras, radar and laser speed detection devices,
12and alcohol breath testers.
13    (f) In addition to any criminal penalties imposed, the
14Department of Natural Resources shall suspend the snowmobile
15operation privileges of a person convicted or found guilty of
16a misdemeanor under this Section for a period of one year,
17except that first-time offenders are exempt from this
18mandatory one-year suspension.
19    (g) In addition to any criminal penalties imposed, the
20Department of Natural Resources shall suspend for a period of
215 years the snowmobile operation privileges of any person
22convicted or found guilty of a felony under this Section.
23(Source: P.A. 102-145, eff. 7-23-21; 102-813, eff. 5-13-22.)
 
24    (Text of Section after amendment by P.A. 101-652)
25    Sec. 5-7. Operating a snowmobile while under the influence

 

 

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1of alcohol or other drug or drugs, intoxicating compound or
2compounds, or a combination of them; criminal penalties;
3suspension of operating privileges.
4    (a) A person may not operate or be in actual physical
5control of a snowmobile within this State while:
6        1. The alcohol concentration in that person's blood,
7    other bodily substance, or breath is a concentration at
8    which driving a motor vehicle is prohibited under
9    subdivision (1) of subsection (a) of Section 11-501 of the
10    Illinois Vehicle Code;
11        2. The person is under the influence of alcohol;
12        3. The person is under the influence of any other drug
13    or combination of drugs to a degree that renders that
14    person incapable of safely operating a snowmobile;
15        3.1. The person is under the influence of any
16    intoxicating compound or combination of intoxicating
17    compounds to a degree that renders the person incapable of
18    safely operating a snowmobile;
19        4. The person is under the combined influence of
20    alcohol and any other drug or drugs or intoxicating
21    compound or compounds to a degree that renders that person
22    incapable of safely operating a snowmobile;
23        4.3. The person who is not a CDL holder has a
24    tetrahydrocannabinol concentration in the person's whole
25    blood or other bodily substance at which driving a motor
26    vehicle is prohibited under subdivision (7) of subsection

 

 

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1    (a) of Section 11-501 of the Illinois Vehicle Code;
2        4.5. The person who is a CDL holder has any amount of a
3    drug, substance, or compound in the person's breath,
4    blood, other bodily substance, or urine resulting from the
5    unlawful use or consumption of cannabis listed in the
6    Cannabis Control Act; or
7        5. There is any amount of a drug, substance, or
8    compound in that person's breath, blood, other bodily
9    substance, or urine resulting from the unlawful use or
10    consumption of a controlled substance listed in the
11    Illinois Controlled Substances Act, methamphetamine as
12    listed in the Methamphetamine Control and Community
13    Protection Act, or intoxicating compound listed in the use
14    of Intoxicating Compounds Act.
15    (b) The fact that a person charged with violating this
16Section is or has been legally entitled to use alcohol, other
17drug or drugs, any intoxicating compound or compounds, or any
18combination of them does not constitute a defense against a
19charge of violating this Section.
20    (c) Every person convicted of violating this Section or a
21similar provision of a local ordinance is guilty of a Class A
22misdemeanor, except as otherwise provided in this Section.
23    (c-1) As used in this Section, "first time offender" means
24any person who has not had a previous conviction or been
25assigned supervision for violating this Section or a similar
26provision of a local ordinance, or any person who has not had a

 

 

10200HB1095sam001- 125 -LRB102 03109 RLC 41994 a

1suspension imposed under subsection (e) of Section 5-7.1.
2    (c-2) For purposes of this Section, the following are
3equivalent to a conviction:
4        (1) an unvacated revocation of pretrial release a
5    violation of the terms of pretrial release when the court
6    has not relieved the defendant of complying with the terms
7    of pretrial release; or
8        (2) the failure of a defendant to appear for trial.
9    (d) Every person convicted of violating this Section is
10guilty of a Class 4 felony if:
11        1. The person has a previous conviction under this
12    Section;
13        2. The offense results in personal injury where a
14    person other than the operator suffers great bodily harm
15    or permanent disability or disfigurement, when the
16    violation was a proximate cause of the injuries. A person
17    guilty of a Class 4 felony under this paragraph 2, if
18    sentenced to a term of imprisonment, shall be sentenced to
19    not less than one year nor more than 12 years; or
20        3. The offense occurred during a period in which the
21    person's privileges to operate a snowmobile are revoked or
22    suspended, and the revocation or suspension was for a
23    violation of this Section or was imposed under Section
24    5-7.1.
25    (e) Every person convicted of violating this Section is
26guilty of a Class 2 felony if the offense results in the death

 

 

10200HB1095sam001- 126 -LRB102 03109 RLC 41994 a

1of a person. A person guilty of a Class 2 felony under this
2subsection (e), if sentenced to a term of imprisonment, shall
3be sentenced to a term of not less than 3 years and not more
4than 14 years.
5    (e-1) Every person convicted of violating this Section or
6a similar provision of a local ordinance who had a child under
7the age of 16 on board the snowmobile at the time of offense
8shall be subject to a mandatory minimum fine of $500 and shall
9be subject to a mandatory minimum of 5 days of community
10service in a program benefiting children. The assignment under
11this subsection shall not be subject to suspension nor shall
12the person be eligible for probation in order to reduce the
13assignment.
14    (e-2) Every person found guilty of violating this Section,
15whose operation of a snowmobile while in violation of this
16Section proximately caused any incident resulting in an
17appropriate emergency response, shall be liable for the
18expense of an emergency response as provided in subsection (i)
19of Section 11-501.01 of the Illinois Vehicle Code.
20    (e-3) In addition to any other penalties and liabilities,
21a person who is found guilty of violating this Section,
22including any person placed on court supervision, shall be
23fined $100, payable to the circuit clerk, who shall distribute
24the money to the law enforcement agency that made the arrest or
25as provided in subsection (c) of Section 10-5 of the Criminal
26and Traffic Assessment Act if the arresting agency is a State

 

 

10200HB1095sam001- 127 -LRB102 03109 RLC 41994 a

1agency, unless more than one agency is responsible for the
2arrest, in which case the amount shall be remitted to each unit
3of government equally. Any moneys received by a law
4enforcement agency under this subsection (e-3) shall be used
5to purchase law enforcement equipment or to provide law
6enforcement training that will assist in the prevention of
7alcohol related criminal violence throughout the State. Law
8enforcement equipment shall include, but is not limited to,
9in-car video cameras, radar and laser speed detection devices,
10and alcohol breath testers.
11    (f) In addition to any criminal penalties imposed, the
12Department of Natural Resources shall suspend the snowmobile
13operation privileges of a person convicted or found guilty of
14a misdemeanor under this Section for a period of one year,
15except that first-time offenders are exempt from this
16mandatory one-year suspension.
17    (g) In addition to any criminal penalties imposed, the
18Department of Natural Resources shall suspend for a period of
195 years the snowmobile operation privileges of any person
20convicted or found guilty of a felony under this Section.
21(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
22102-813, eff. 5-13-22.)
 
23    Section 60. The Criminal Code of 2012 is amended by
24changing Section 32-10 as follows:
 

 

 

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1    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 32-10. Violation of bail bond.
4    (a) Whoever, having been admitted to bail for appearance
5before any court of this State, incurs a forfeiture of the bail
6and knowingly fails to surrender himself or herself within 30
7days following the date of the forfeiture, commits, if the
8bail was given in connection with a charge of felony or pending
9appeal or certiorari after conviction of any offense, a felony
10of the next lower Class or a Class A misdemeanor if the
11underlying offense was a Class 4 felony; or, if the bail was
12given in connection with a charge of committing a misdemeanor,
13or for appearance as a witness, commits a misdemeanor of the
14next lower Class, but not less than a Class C misdemeanor.
15    (a-5) Any person who knowingly violates a condition of
16bail bond by possessing a firearm in violation of his or her
17conditions of bail commits a Class 4 felony for a first
18violation and a Class 3 felony for a second or subsequent
19violation.
20    (b) Whoever, having been admitted to bail for appearance
21before any court of this State, while charged with a criminal
22offense in which the victim is a family or household member as
23defined in Article 112A of the Code of Criminal Procedure of
241963, knowingly violates a condition of that release as set
25forth in Section 110-10, subsection (d) of the Code of
26Criminal Procedure of 1963, commits a Class A misdemeanor.

 

 

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1    (c) Whoever, having been admitted to bail for appearance
2before any court of this State for a felony, Class A
3misdemeanor or a criminal offense in which the victim is a
4family or household member as defined in Article 112A of the
5Code of Criminal Procedure of 1963, is charged with any other
6felony, Class A misdemeanor, or a criminal offense in which
7the victim is a family or household member as defined in
8Article 112A of the Code of Criminal Procedure of 1963 while on
9this release, must appear before the court before bail is
10statutorily set.
11    (d) Nothing in this Section shall interfere with or
12prevent the exercise by any court of its power to punishment
13for contempt. Any sentence imposed for violation of this
14Section shall be served consecutive to the sentence imposed
15for the charge for which bail had been granted and with respect
16to which the defendant has been convicted.
17(Source: P.A. 97-1108, eff. 1-1-13.)
 
18    (Text of Section after amendment by P.A. 101-652)
19    Sec. 32-10. Violation of conditions of pretrial release.
20    (a) (Blank). Whoever, having been released pretrial under
21conditions for appearance before any court of this State,
22incurs a violation of conditions of pretrial release and
23knowingly fails to surrender himself or herself within 30 days
24following the date of the violation, commits, if the
25conditions of pretrial release was given in connection with a

 

 

10200HB1095sam001- 130 -LRB102 03109 RLC 41994 a

1charge of felony or pending appeal or certiorari after
2conviction of any offense, a Class A misdemeanor if the
3underlying offense was a felony. If the violation of pretrial
4conditions were made in connection with a charge of committing
5a misdemeanor, or for appearance as a witness, commits a Class
6C misdemeanor.
7    (a-5) Any person who knowingly violates a condition of
8pretrial release by possessing a firearm in violation of his
9or her conditions of pretrial release commits a Class 4 felony
10for a first violation and a Class 3 felony for a second or
11subsequent violation.
12    (b) (Blank). Whoever, having been released pretrial under
13conditions for appearance before any court of this State,
14while charged with a criminal offense in which the victim is a
15family or household member as defined in Article 112A of the
16Code of Criminal Procedure of 1963, knowingly violates a
17condition of that release as set forth in Section 110-10,
18subsection (d) of the Code of Criminal Procedure of 1963,
19commits a Class A misdemeanor.
20    (c) Whoever, having been released pretrial under
21conditions for appearance before any court of this State for a
22felony, Class A misdemeanor or a criminal offense in which the
23victim is a family or household member as defined in Article
24112A of the Code of Criminal Procedure of 1963, is charged with
25any other felony, Class A misdemeanor, or a criminal offense
26in which the victim is a family or household member as defined

 

 

10200HB1095sam001- 131 -LRB102 03109 RLC 41994 a

1in Article 112A of the Code of Criminal Procedure of 1963 while
2on this release, must appear before the court and may not be
3released by law enforcement under 109-1 of the Code of
4Criminal Procedure of 1963 prior to the court appearance.
5    (d) Nothing in this Section shall interfere with or
6prevent the exercise by any court of its power to punish
7punishment for contempt. Any sentence imposed for violation of
8this Section may be served consecutive to the sentence imposed
9for the charge for which pretrial release had been granted and
10with respect to which the defendant has been convicted.
11(Source: P.A. 101-652, eff. 1-1-23.)
 
12    (720 ILCS 5/32-15 rep.)
13    Section 65. The Criminal Code of 2012 is amended by
14repealing Section 32-15.
 
15    Section 70. The Code of Criminal Procedure of 1963 is
16amended by changing Sections 102-6, 102-7, 106D-1, 107-9,
17109-1, 109-2, 109-3, 109-3.1, 110-1, 110-2, 110-3, 110-5,
18110-5.2, 110-6, 110-6.1, 110-10, 110-12, and 113-3.1 and by
19adding Sections 102-10.5, 102-14.5, 110-6.6, and 110-7.5 as
20follows:
 
21    (725 ILCS 5/102-6)  (from Ch. 38, par. 102-6)
22    (Text of Section before amendment by P.A. 101-652)
23    Sec. 102-6. "Bail". "Bail" means the amount of money set

 

 

10200HB1095sam001- 132 -LRB102 03109 RLC 41994 a

1by the court which is required to be obligated and secured as
2provided by law for the release of a person in custody in order
3that he will appear before the court in which his appearance
4may be required and that he will comply with such conditions as
5set forth in the bail bond.
6(Source: Laws 1963, p. 2836.)
 
7    (Text of Section after amendment by P.A. 101-652)
8    Sec. 102-6. Pretrial release. "Pretrial release" has the
9meaning ascribed to bail in Section 9 of Article I of the
10Illinois Constitution where the sureties provided are
11nonmonetary in nature that is non-monetary.
12(Source: P.A. 101-652, eff. 1-1-23.)
 
13    (725 ILCS 5/102-7)  (from Ch. 38, par. 102-7)
14    (Text of Section before amendment by P.A. 101-652)
15    Sec. 102-7. "Bail bond". "Bail bond" means an undertaking
16secured by bail entered into by a person in custody by which he
17binds himself to comply with such conditions as are set forth
18therein.
19(Source: Laws 1963, p. 2836.)
 
20    (Text of Section after amendment by P.A. 101-652)
21    Sec. 102-7. Conditions of pretrial release. "Conditions of
22pretrial release" means the requirements imposed upon a
23criminal defendant by the court under Section 110-5 the

 

 

10200HB1095sam001- 133 -LRB102 03109 RLC 41994 a

1conditions established by the court entered into by a person
2in custody by which he binds himself to comply with such
3conditions as are set forth therein.
4(Source: P.A. 101-652, eff. 1-1-23.)
 
5    (725 ILCS 5/102-10.5 new)
6    Sec. 102-10.5. "Felony".
7    "Felony" has the meaning provided in Section 2-7 of the
8Criminal Code of 2012.
 
9    (725 ILCS 5/102-14.5 new)
10    Sec. 102-14.5. "Misdemeanor".
11    "Misdemeanor" has the meaning provided in Section 2-11 of
12the Criminal Code of 2012.
 
13    (725 ILCS 5/106D-1)
14    (Text of Section before amendment by P.A. 101-652)
15    Sec. 106D-1. Defendant's appearance by closed circuit
16television and video conference.
17    (a) Whenever the appearance in person in court, in either
18a civil or criminal proceeding, is required of anyone held in a
19place of custody or confinement operated by the State or any of
20its political subdivisions, including counties and
21municipalities, the chief judge of the circuit by rule may
22permit the personal appearance to be made by means of two-way
23audio-visual communication, including closed circuit

 

 

10200HB1095sam001- 134 -LRB102 03109 RLC 41994 a

1television and computerized video conference, in the following
2proceedings:
3        (1) the initial appearance before a judge on a
4    criminal complaint, at which bail will be set;
5        (2) the waiver of a preliminary hearing;
6        (3) the arraignment on an information or indictment at
7    which a plea of not guilty will be entered;
8        (4) the presentation of a jury waiver;
9        (5) any status hearing;
10        (6) any hearing conducted under the Sexually Violent
11    Persons Commitment Act at which no witness testimony will
12    be taken; and
13        (7) at any hearing at which no witness testimony will
14    be taken conducted under the following:
15            (A) Section 104-20 of this Code (90-day hearings);
16            (B) Section 104-22 of this Code (trial with
17        special provisions and assistance);
18            (C) Section 104-25 of this Code (discharge
19        hearing); or
20            (D) Section 5-2-4 of the Unified Code of
21        Corrections (proceedings after acquittal by reason of
22        insanity).
23    (b) The two-way audio-visual communication facilities must
24provide two-way audio-visual communication between the court
25and the place of custody or confinement, and must include a
26secure line over which the person in custody and his or her

 

 

10200HB1095sam001- 135 -LRB102 03109 RLC 41994 a

1counsel, if any, may communicate.
2    (c) Nothing in this Section shall be construed to prohibit
3other court appearances through the use of two-way
4audio-visual communication, upon waiver of any right the
5person in custody or confinement may have to be present
6physically.
7    (d) Nothing in this Section shall be construed to
8establish a right of any person held in custody or confinement
9to appear in court through two-way audio-visual communication
10or to require that any governmental entity, or place of
11custody or confinement, provide two-way audio-visual
12communication.
13(Source: P.A. 102-486, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
14    (Text of Section after amendment by P.A. 101-652)
15    Sec. 106D-1. Defendant's appearance by two-way
16audio-visual communication system closed circuit television
17and video conference.
18    (a) Whenever the appearance in person in court, in either
19a civil or criminal proceeding, is required of anyone held in a
20place of custody or confinement operated by the State or any of
21its political subdivisions, including counties and
22municipalities, the chief judge of the circuit by rule may
23permit the personal appearance to be made by means of a two-way
24audio-visual communication system, including closed circuit
25television and computerized video conference, in the following

 

 

10200HB1095sam001- 136 -LRB102 03109 RLC 41994 a

1proceedings:
2        (1) the initial appearance before a judge on a
3    criminal complaint as provided in subsection (f) of
4    Section 109-1 , at which the conditions of pretrial release
5    will be set;
6        (2) the waiver of a preliminary hearing;
7        (3) the arraignment on an information or indictment at
8    which a plea of not guilty will be entered;
9        (4) the presentation of a jury waiver;
10        (5) any status hearing;
11        (6) any hearing conducted under the Sexually Violent
12    Persons Commitment Act at which no witness testimony will
13    be taken; and
14        (7) at any hearing at which no witness testimony will
15    be taken conducted under the following:
16            (A) Section 104-20 of this Code (90-day hearings);
17            (B) Section 104-22 of this Code (trial with
18        special provisions and assistance);
19            (C) Section 104-25 of this Code (discharge
20        hearing); or
21            (D) Section 5-2-4 of the Unified Code of
22        Corrections (proceedings after acquittal by reason of
23        insanity).
24    (b) The two-way audio-visual communication facilities must
25provide two-way audio-visual communication between the court
26and the place of custody or confinement, and must include a

 

 

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1secure line over which the person in custody and his or her
2counsel, if any, may communicate.
3    (c) Nothing in this Section shall be construed to prohibit
4other court appearances through the use of a two-way
5audio-visual communication system if the person in custody or
6confinement waives the right to be present physically in
7court, the court determines that the physical health and
8safety of any person necessary to the proceedings would be
9endangered by appearing in court, or the chief judge of the
10circuit orders use of that system due to operational
11challenges in conducting the hearing in person , upon waiver of
12any right the person in custody or confinement may have to be
13present physically. Such operational challenges must be
14documented and approved by the chief judge of the circuit, and
15a plan to address the challenges through reasonable efforts
16must be presented and approved by the Administrative Office of
17the Illinois Courts every 6 months.
18    (d) Nothing in this Section shall be construed to
19establish a right of any person held in custody or confinement
20to appear in court through a two-way audio-visual
21communication system or to require that any governmental
22entity, or place of custody or confinement, provide a two-way
23audio-visual communication system.
24(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
25102-813, eff. 5-13-22.)
 

 

 

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1    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 107-9. Issuance of arrest warrant upon complaint.
4    (a) When a complaint is presented to a court charging that
5an offense has been committed it shall examine upon oath or
6affirmation the complainant or any witnesses.
7    (b) The complaint shall be in writing and shall:
8        (1) State the name of the accused if known, and if not
9    known the accused may be designated by any name or
10    description by which he can be identified with reasonable
11    certainty;
12        (2) State the offense with which the accused is
13    charged;
14        (3) State the time and place of the offense as
15    definitely as can be done by the complainant; and
16        (4) Be subscribed and sworn to by the complainant.
17    (b-5) If an arrest warrant is sought and the request is
18made by electronic means that has a simultaneous video and
19audio transmission between the requester and a judge, the
20judge may issue an arrest warrant based upon a sworn complaint
21or sworn testimony communicated in the transmission.
22    (c) A warrant shall be issued by the court for the arrest
23of the person complained against if it appears from the
24contents of the complaint and the examination of the
25complainant or other witnesses, if any, that the person
26against whom the complaint was made has committed an offense.

 

 

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1    (d) The warrant of arrest shall:
2        (1) Be in writing;
3        (2) Specify the name, sex and birth date of the person
4    to be arrested or if his name, sex or birth date is
5    unknown, shall designate such person by any name or
6    description by which he can be identified with reasonable
7    certainty;
8        (3) Set forth the nature of the offense;
9        (4) State the date when issued and the municipality or
10    county where issued;
11        (5) Be signed by the judge of the court with the title
12    of his office;
13        (6) Command that the person against whom the complaint
14    was made be arrested and brought before the court issuing
15    the warrant or if he is absent or unable to act before the
16    nearest or most accessible court in the same county;
17        (7) Specify the amount of bail; and
18        (8) Specify any geographical limitation placed on the
19    execution of the warrant, but such limitation shall not be
20    expressed in mileage.
21    (e) The warrant shall be directed to all peace officers in
22the State. It shall be executed by the peace officer, or by a
23private person specially named therein, at any location within
24the geographic limitation for execution placed on the warrant.
25If no geographic limitation is placed on the warrant, then it
26may be executed anywhere in the State.

 

 

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1    (f) The arrest warrant may be issued electronically or
2electromagnetically by use of electronic mail or a facsimile
3transmission machine and any arrest warrant shall have the
4same validity as a written warrant.
5(Source: P.A. 101-239, eff. 1-1-20.)
 
6    (Text of Section after amendment by P.A. 101-652)
7    Sec. 107-9. Issuance of arrest warrant upon complaint.
8    (a) When a complaint is presented to a court charging that
9an offense has been committed, it shall examine upon oath or
10affirmation the complainant or any witnesses.
11    (b) The complaint shall be in writing and shall:
12        (1) State the name of the accused if known, and if not
13    known the accused may be designated by any name or
14    description by which he can be identified with reasonable
15    certainty;
16        (2) State the offense with which the accused is
17    charged;
18        (3) State the time and place of the offense as
19    definitely as can be done by the complainant; and
20        (4) Be subscribed and sworn to by the complainant.
21    (b-5) If an arrest warrant or summons is sought and the
22request is made by electronic means that has a simultaneous
23video and audio transmission between the requester and a
24judge, the judge may issue an arrest warrant or summons based
25upon a sworn complaint or sworn testimony communicated in the

 

 

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1transmission.
2    (c) A warrant or summons may shall be issued by the court
3for the arrest or appearance of the person complained against
4if it appears from the contents of the complaint and the
5examination of the complainant or other witnesses, if any,
6that the person against whom the complaint was made has
7committed an offense.
8    (d) The warrant of arrest or summons shall:
9        (1) Be in writing;
10        (2) Specify the name, sex and birth date of the person
11    to be arrested or summoned or, if his name, sex or birth
12    date is unknown, shall designate such person by any name
13    or description by which the person he can be identified
14    with reasonable certainty;
15        (3) Set forth the nature of the offense;
16        (4) State the date when issued and the municipality or
17    county where issued;
18        (5) Be signed by the judge of the court with the title
19    of the judge's his office; and
20        (6) Command that the person against whom the complaint
21    was made to be arrested and brought before the court
22    issuing the warrant or the nearest or most accessible
23    court in the same county, or appear before the court at a
24    certain time and place; issuing the warrant or if he is
25    absent or unable to act before the nearest or most
26    accessible court in the same county;

 

 

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1        (7) Specify the conditions of pretrial release, if
2    any; and
3        (8) Specify any geographical limitation placed on the
4    execution of the warrant, if any, but such limitation
5    shall not be expressed in mileage.
6    (e) The summons may be served in the same manner as the
7summons in a civil action, except that a police officer may
8serve a summons for a violation of an ordinance occurring
9within the municipality of the police officer.
10    (f) If the person summoned fails to appear by the date
11required or cannot be located to serve the summons, a warrant
12may be issued by the court for the arrest of the person
13complained against.
14    (g) A warrant of arrest issued under this Section shall
15incorporate the information included in the summons, and shall
16comply with the following:
17        (1) The arrest warrant shall specify any geographic
18    limitation placed on the execution of the warrant, but
19    such limitation shall not be expressed in mileage.
20        (2) (e) The arrest warrant shall be directed to all
21    peace officers in the State. It shall be executed by the
22    peace officer, or by a private person specially named
23    therein, at any location within the geographic limitation
24    for execution placed on the warrant. If no geographic
25    limitation is placed on the warrant, then it may be
26    executed anywhere in the State.

 

 

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1    (h) (f) The arrest warrant or summons may be issued
2electronically or electromagnetically by use of electronic
3mail or a facsimile transmission machine and any such arrest
4warrant or summons shall have the same validity as a written
5arrest warrant or summons.
6(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23.)
 
7    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
8    (Text of Section before amendment by P.A. 101-652)
9    Sec. 109-1. Person arrested.
10    (a) A person arrested with or without a warrant shall be
11taken without unnecessary delay before the nearest and most
12accessible judge in that county, except when such county is a
13participant in a regional jail authority, in which event such
14person may be taken to the nearest and most accessible judge,
15irrespective of the county where such judge presides, and a
16charge shall be filed. Whenever a person arrested either with
17or without a warrant is required to be taken before a judge, a
18charge may be filed against such person by way of a two-way
19closed circuit television system, except that a hearing to
20deny bail to the defendant may not be conducted by way of
21closed circuit television.
22    (a-5) A person charged with an offense shall be allowed
23counsel at the hearing at which bail is determined under
24Article 110 of this Code. If the defendant desires counsel for
25his or her initial appearance but is unable to obtain counsel,

 

 

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1the court shall appoint a public defender or licensed attorney
2at law of this State to represent him or her for purposes of
3that hearing.
4    (b) The judge shall:
5        (1) Inform the defendant of the charge against him and
6    shall provide him with a copy of the charge;
7        (2) Advise the defendant of his right to counsel and
8    if indigent shall appoint a public defender or licensed
9    attorney at law of this State to represent him in
10    accordance with the provisions of Section 113-3 of this
11    Code;
12        (3) Schedule a preliminary hearing in appropriate
13    cases;
14        (4) Admit the defendant to bail in accordance with the
15    provisions of Article 110 of this Code; and
16        (5) Order the confiscation of the person's passport or
17    impose travel restrictions on a defendant arrested for
18    first degree murder or other violent crime as defined in
19    Section 3 of the Rights of Crime Victims and Witnesses
20    Act, if the judge determines, based on the factors in
21    Section 110-5 of this Code, that this will reasonably
22    ensure the appearance of the defendant and compliance by
23    the defendant with all conditions of release.
24    (c) The court may issue an order of protection in
25accordance with the provisions of Article 112A of this Code.
26    (d) At the initial appearance of a defendant in any

 

 

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1criminal proceeding, the court must advise the defendant in
2open court that any foreign national who is arrested or
3detained has the right to have notice of the arrest or
4detention given to his or her country's consular
5representatives and the right to communicate with those
6consular representatives if the notice has not already been
7provided. The court must make a written record of so advising
8the defendant.
9    (e) If consular notification is not provided to a
10defendant before his or her first appearance in court, the
11court shall grant any reasonable request for a continuance of
12the proceedings to allow contact with the defendant's
13consulate. Any delay caused by the granting of the request by a
14defendant shall temporarily suspend for the time of the delay
15the period within which a person shall be tried as prescribed
16by subsections (a), (b), or (e) of Section 103-5 of this Code
17and on the day of the expiration of delay the period shall
18continue at the point at which it was suspended.
19(Source: P.A. 102-813, eff. 5-13-22.)
 
20    (Text of Section after amendment by P.A. 101-652)
21    Sec. 109-1. Person arrested; release from law enforcement
22custody and court appearance; geographic geographical
23constraints prevent in-person appearances.
24    (a) A person arrested with or without a warrant for an
25offense for which pretrial release may be denied under

 

 

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1paragraphs (1) through (6) of Section 110-6.1 shall be taken
2without unnecessary delay before the nearest and most
3accessible judge in that county, except when such county is a
4participant in a regional jail authority, in which event such
5person may be taken to the nearest and most accessible judge,
6irrespective of the county where such judge presides, within
748 hours, and a charge shall be filed. Whenever a person
8arrested either with or without a warrant is required to be
9taken before a judge, a charge may be filed against such person
10by way of a two-way audio-visual communication system closed
11circuit television system, except that a hearing to deny
12pretrial release to the defendant may not be conducted by
13two-way audio-visual communication system unless the accused
14waives the right to be present physically in court, the court
15determines that the physical health and safety of any person
16necessary to the proceedings would be endangered by appearing
17in court, or the chief judge of the circuit orders use of that
18system due to operational challenges in conducting the hearing
19in person. Such operational challenges must be documented and
20approved by the chief judge of the circuit, and a plan to
21address the challenges through reasonable efforts must be
22presented and approved by the Administrative Office of the
23Illinois Courts every 6 months. way of closed circuit
24television.
25    (a-1) Law enforcement shall issue a citation in lieu of
26custodial arrest, upon proper identification, for those

 

 

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1accused of any offense that is not a felony or Class A
2misdemeanor unless (i) a law enforcement officer reasonably
3believes the accused poses a threat to the community or any
4person, (ii) a custodial arrest is necessary because the
5criminal activity persists after the issuance of a citation
6traffic and Class B and C criminal misdemeanor offenses, or of
7petty and business offenses, who pose no obvious threat to the
8community or any person, or (iii) the accused has an who have
9no obvious medical or mental health issue issues that poses
10pose a risk to the accused's their own safety. Nothing in this
11Section requires arrest in the case of Class A misdemeanor and
12felony offenses, or otherwise limits existing law enforcement
13discretion to decline to effect a custodial arrest Those
14released on citation shall be scheduled into court within 21
15days.
16    (a-3) A person arrested with or without a warrant for an
17offense for which pretrial release may not be denied may,
18except as otherwise provided in this Code, be released by a law
19enforcement the officer without appearing before a judge. The
20releasing officer shall issue the person a summons to appear
21within 21 days. A presumption in favor of pretrial release
22shall be applied by an arresting officer in the exercise of his
23or her discretion under this Section.
24    (a-5) A person charged with an offense shall be allowed
25counsel at the hearing at which pretrial release is determined
26under Article 110 of this Code. If the defendant desires

 

 

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1counsel for his or her initial appearance but is unable to
2obtain counsel, the court shall appoint a public defender or
3licensed attorney at law of this State to represent him or her
4for purposes of that hearing.
5    (b) Upon initial appearance of a person before the court,
6the judge shall:
7        (1) inform the defendant of the charge against him and
8    shall provide him with a copy of the charge;
9        (2) advise the defendant of his right to counsel and
10    if indigent shall appoint a public defender or licensed
11    attorney at law of this State to represent him in
12    accordance with the provisions of Section 113-3 of this
13    Code;
14        (3) schedule a preliminary hearing in appropriate
15    cases;
16        (4) admit the defendant to pretrial release in
17    accordance with the provisions of Article 110 of this
18    Code, or upon verified petition of the State, proceed with
19    the setting of a detention hearing as provided in Section
20    110-6.1; and
21        (5) order the confiscation of the person's passport or
22    impose travel restrictions on a defendant arrested for
23    first degree murder or other violent crime as defined in
24    Section 3 of the Rights of Crime Victims and Witnesses
25    Act, if the judge determines, based on the factors in
26    Section 110-5 of this Code, that this will reasonably

 

 

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1    ensure the appearance of the defendant and compliance by
2    the defendant with all conditions of release.
3    (c) The court may issue an order of protection in
4accordance with the provisions of Article 112A of this Code.
5Crime victims shall be given notice by the State's Attorney's
6office of this hearing as required in paragraph (2) of
7subsection (b) of Section 4.5 of the Rights of Crime Victims
8and Witnesses Act and shall be informed of their opportunity
9at this hearing to obtain an order of protection under Article
10112A of this Code.
11    (d) At the initial appearance of a defendant in any
12criminal proceeding, the court must advise the defendant in
13open court that any foreign national who is arrested or
14detained has the right to have notice of the arrest or
15detention given to his or her country's consular
16representatives and the right to communicate with those
17consular representatives if the notice has not already been
18provided. The court must make a written record of so advising
19the defendant.
20    (e) If consular notification is not provided to a
21defendant before his or her first appearance in court, the
22court shall grant any reasonable request for a continuance of
23the proceedings to allow contact with the defendant's
24consulate. Any delay caused by the granting of the request by a
25defendant shall temporarily suspend for the time of the delay
26the period within which a person shall be tried as prescribed

 

 

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1by subsection (a), (b), or (e) of Section 103-5 of this Code
2and on the day of the expiration of delay the period shall
3continue at the point at which it was suspended.
4    (f) At the hearing at which conditions of pretrial release
5are determined, the person charged shall be present in person
6rather than by two-way audio-video communication system unless
7the accused waives the right to be present physically in
8court, the court determines that the physical health and
9safety of any person necessary to the proceedings would be
10endangered by appearing in court, or the chief judge of the
11circuit orders use of that system due to operational
12challenges in conducting the hearing in person. Such
13operational challenges must be documented and approved by the
14chief judge of the circuit, and a plan to address the
15challenges through reasonable efforts must be presented and
16approved by the Administrative Office of the Illinois Courts
17every 6 months. video phone or any other form of electronic
18communication, unless the physical health and safety of the
19person would be endangered by appearing in court or the
20accused waives the right to be present in person.
21    (g) Defense counsel shall be given adequate opportunity to
22confer with the defendant prior to any hearing in which
23conditions of release or the detention of the defendant is to
24be considered, with a physical accommodation made to
25facilitate attorney/client consultation. If defense counsel
26needs to confer or consult with the defendant during any

 

 

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1hearing conducted via a two-way audio-visual communication
2system, such consultation shall not be recorded and shall be
3undertaken consistent with constitutional protections.
4(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
5    (725 ILCS 5/109-2)  (from Ch. 38, par. 109-2)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 109-2. Person arrested in another county.
8    (a) Any person arrested in a county other than the one in
9which a warrant for his arrest was issued shall be taken
10without unnecessary delay before the nearest and most
11accessible judge in the county where the arrest was made or, if
12no additional delay is created, before the nearest and most
13accessible judge in the county from which the warrant was
14issued. He shall be admitted to bail in the amount specified in
15the warrant or, for offenses other than felonies, in an amount
16as set by the judge, and such bail shall be conditioned on his
17appearing in the court issuing the warrant on a certain date.
18The judge may hold a hearing to determine if the defendant is
19the same person as named in the warrant.
20    (b) Notwithstanding the provisions of subsection (a), any
21person arrested in a county other than the one in which a
22warrant for his arrest was issued, may waive the right to be
23taken before a judge in the county where the arrest was made.
24If a person so arrested waives such right, the arresting
25agency shall surrender such person to a law enforcement agency

 

 

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1of the county that issued the warrant without unnecessary
2delay. The provisions of Section 109-1 shall then apply to the
3person so arrested.
4(Source: P.A. 86-298.)
 
5    (Text of Section after amendment by P.A. 101-652)
6    Sec. 109-2. Person arrested in another county.
7    (a) Any person arrested in a county other than the one in
8which a warrant for his arrest was issued shall be taken
9without unnecessary delay before the nearest and most
10accessible judge in the county where the arrest was made or, if
11no additional delay is created, before the nearest and most
12accessible judge in the county from which the warrant was
13issued. Upon arrival in the county in which the warrant was
14issued, the status of the arrested person's release status
15shall be determined by the release revocation process
16described in Section 110-6. The judge may hold a hearing to
17determine if the defendant is the same person as named in the
18warrant.
19    (b) Notwithstanding the provisions of subsection (a), any
20person arrested in a county other than the one in which a
21warrant for his arrest was issued, may waive the right to be
22taken before a judge in the county where the arrest was made.
23If a person so arrested waives such right, the arresting
24agency shall surrender such person to a law enforcement agency
25of the county that issued the warrant without unnecessary

 

 

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1delay. The provisions of Section 109-1 shall then apply to the
2person so arrested.
3    (c) If a person is taken before a judge in any county and a
4warrant for arrest issued by another Illinois county exists
5for that person, the court in the arresting county shall hold
6for that person a detention hearing under Section 110-6.1, or
7other hearing under Section 110-5 or Section 110-6. If a
8defendant is charged with a felony offense, but has a warrant
9in another county, the defendant shall be taken to the county
10that issued the warrant within 72 hours of the completion of
11condition or detention hearing, so that release or detention
12status can be resolved. This provision shall not apply to
13warrants issued outside of Illinois.
14    (d) After the court in the arresting county has determined
15whether the person shall be released or detained on the
16arresting offense, the court shall then order the sheriff to
17immediately contact the sheriff in any county where any
18warrant is outstanding and notify them of the arrest of the
19individual.
20    (e) If a person has a warrant in another county for an
21offense, then, no later than 5 calendar days after the end of
22any detention issued on the charge in the arresting county,
23the county where the warrant is outstanding shall do one of the
24following:
25        (1) transport the person to the county where the
26    warrant was issued for a hearing under Section 110-6 or

 

 

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1    110-6.1 in the matter for which the warrant was issued; or
2        (2) quash the warrant and order the person released on
3    the case for which the warrant was issued only when the
4    county that issued the warrant fails to transport the
5    defendant in the timeline as proscribed.
6    (f) If the issuing county fails to take any action under
7subsection (e) within 5 calendar days, the defendant shall be
8released from custody on the warrant, and the circuit judge or
9associate circuit judge in the county of arrest shall set
10conditions of release under Section 110-5 and shall admit the
11defendant to pretrial release for his or her appearance before
12the court named in the warrant. Upon releasing the defendant,
13the circuit judge or associate circuit judge shall certify
14such a fact on the warrant and deliver the warrant and the
15acknowledgment by the defendant of his or her receiving the
16conditions of pretrial release to the officer having charge of
17the defendant from arrest and without delay deliver such
18warrant and such acknowledgment by the defendant of his or her
19receiving the conditions to the court before which the
20defendant is required to appear.
21    (g) If a person has a warrant in another county, in lieu of
22transporting the person to the issuing county as outlined in
23subsection (e), the issuing county may hold the hearing by way
24of a two-way audio-visual communication system if the accused
25waives the right to be physically present in court, the court
26determines that the physical health and safety of any person

 

 

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1necessary to the proceedings would be endangered by appearing
2in court, or the chief judge of the circuit orders use of that
3system due to operational challenges in conducting the hearing
4in person. Such operational challenges must be documented and
5approved by the chief judge of the circuit, and a plan to
6address the challenges through reasonable efforts must be
7presented and approved by the Administrative Office of the
8Illinois Courts every 6 months.
9    (h) If more than 2 Illinois county warrants exist, the
10judge in the county of arrest shall order that the process
11described in subsections (d) through (f) occur in each county
12in whatever order the judge finds most appropriate. Each judge
13in each subsequent county shall then follow the rules in this
14Section.
15    (i) This Section applies only to warrants issued by
16Illinois state, county, or municipal courts.
17    (j) When an issuing agency is contacted by an out-of-state
18agency of a person arrested for any offense, or when an
19arresting agency is contacted by or contacts an out-of-state
20issuing agency, the Uniform Criminal Extradition Act shall
21govern.
22(Source: P.A. 101-652, eff. 1-1-23.)
 
23    (725 ILCS 5/109-3)  (from Ch. 38, par. 109-3)
24    (Text of Section before amendment by P.A. 101-652)
25    Sec. 109-3. Preliminary examination.)

 

 

10200HB1095sam001- 156 -LRB102 03109 RLC 41994 a

1    (a) The judge shall hold the defendant to answer to the
2court having jurisdiction of the offense if from the evidence
3it appears there is probable cause to believe an offense has
4been committed by the defendant, as provided in Section
5109-3.1 of this Code, if the offense is a felony.
6    (b) If the defendant waives preliminary examination the
7judge shall hold him to answer and may, or on the demand of the
8prosecuting attorney shall, cause the witnesses for the State
9to be examined. After hearing the testimony if it appears that
10there is not probable cause to believe the defendant guilty of
11any offense the judge shall discharge him.
12    (c) During the examination of any witness or when the
13defendant is making a statement or testifying the judge may
14and on the request of the defendant or State shall exclude all
15other witnesses. He may also cause the witnesses to be kept
16separate and to be prevented from communicating with each
17other until all are examined.
18    (d) If the defendant is held to answer the judge may
19require any material witness for the State or defendant to
20enter into a written undertaking to appear at the trial, and
21may provide for the forfeiture of a sum certain in the event
22the witness does not appear at the trial. Any witness who
23refuses to execute a recognizance may be committed by the
24judge to the custody of the sheriff until trial or further
25order of the court having jurisdiction of the cause. Any
26witness who executes a recognizance and fails to comply with

 

 

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1its terms shall, in addition to any forfeiture provided in the
2recognizance, be subject to the penalty provided in Section
332-10 of the Criminal Code of 2012 for violation of bail bond.
4    (e) During preliminary hearing or examination the
5defendant may move for an order of suppression of evidence
6pursuant to Section 114-11 or 114-12 of this Act or for other
7reasons, and may move for dismissal of the charge pursuant to
8Section 114-1 of this Act or for other reasons.
9(Source: P.A. 97-1150, eff. 1-25-13.)
 
10    (Text of Section after amendment by P.A. 101-652)
11    Sec. 109-3. Preliminary examination.)
12    (a) The judge shall hold the defendant to answer to the
13court having jurisdiction of the offense if from the evidence
14it appears there is probable cause to believe an offense has
15been committed by the defendant, as provided in Section
16109-3.1 of this Code, if the offense is a felony.
17    (b) If the defendant waives preliminary examination the
18judge shall hold him to answer and may, or on the demand of the
19prosecuting attorney shall, cause the witnesses for the State
20to be examined. After hearing the testimony if it appears that
21there is not probable cause to believe the defendant guilty of
22any offense the judge shall discharge him.
23    (c) During the examination of any witness or when the
24defendant is making a statement or testifying the judge may
25and on the request of the defendant or State shall exclude all

 

 

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1other witnesses. He may also cause the witnesses to be kept
2separate and to be prevented from communicating with each
3other until all are examined.
4    (d) If the defendant is held to answer the judge may
5require any material witness for the State or defendant to
6enter into a written undertaking to appear at the trial, and
7may provide for the forfeiture of a sum certain in the event
8the witness does not appear at the trial. Any witness who
9refuses to execute a recognizance may be committed by the
10judge to the custody of the sheriff until trial or further
11order of the court having jurisdiction of the cause. Any
12witness who executes a recognizance and fails to comply with
13its terms commits a Class C misdemeanor shall, in addition to
14any forfeiture provided in the recognizance, be subject to the
15penalty provided in Section 32-10 of the Criminal Code of 2012
16for violation of the conditions of pretrial release.
17    (e) During preliminary hearing or examination the
18defendant may move for an order of suppression of evidence
19pursuant to Section 114-11 or 114-12 of this Act or for other
20reasons, and may move for dismissal of the charge pursuant to
21Section 114-1 of this Act or for other reasons.
22(Source: P.A. 101-652, eff. 1-1-23.)
 
23    (725 ILCS 5/109-3.1)  (from Ch. 38, par. 109-3.1)
24    (Text of Section before amendment by P.A. 101-652)
25    Sec. 109-3.1. Persons charged with felonies.

 

 

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1    (a) In any case involving a person charged with a felony in
2this State, alleged to have been committed on or after January
31, 1984, the provisions of this Section shall apply.
4    (b) Every person in custody in this State for the alleged
5commission of a felony shall receive either a preliminary
6examination as provided in Section 109-3 or an indictment by
7Grand Jury as provided in Section 111-2, within 30 days from
8the date he or she was taken into custody. Every person on bail
9or recognizance for the alleged commission of a felony shall
10receive either a preliminary examination as provided in
11Section 109-3 or an indictment by Grand Jury as provided in
12Section 111-2, within 60 days from the date he or she was
13arrested.
14    The provisions of this paragraph shall not apply in the
15following situations:
16        (1) when delay is occasioned by the defendant; or
17        (2) when the defendant has been indicted by the Grand
18    Jury on the felony offense for which he or she was
19    initially taken into custody or on an offense arising from
20    the same transaction or conduct of the defendant that was
21    the basis for the felony offense or offenses initially
22    charged; or
23        (3) when a competency examination is ordered by the
24    court; or
25        (4) when a competency hearing is held; or
26        (5) when an adjudication of incompetency for trial has

 

 

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1    been made; or
2        (6) when the case has been continued by the court
3    under Section 114-4 of this Code after a determination
4    that the defendant is physically incompetent to stand
5    trial.
6    (c) Delay occasioned by the defendant shall temporarily
7suspend, for the time of the delay, the period within which the
8preliminary examination must be held. On the day of expiration
9of the delay the period in question shall continue at the point
10at which it was suspended.
11(Source: P.A. 83-644.)
 
12    (Text of Section after amendment by P.A. 101-652)
13    Sec. 109-3.1. Persons charged with felonies.
14    (a) In any case involving a person charged with a felony in
15this State, alleged to have been committed on or after January
161, 1984, the provisions of this Section shall apply.
17    (b) Every person in custody in this State for the alleged
18commission of a felony shall receive either a preliminary
19examination as provided in Section 109-3 or an indictment by
20Grand Jury as provided in Section 111-2, within 30 days from
21the date he or she was taken into custody. Every person
22released pretrial on pretrial release or recognizance for the
23alleged commission of a felony shall receive either a
24preliminary examination as provided in Section 109-3 or an
25indictment by Grand Jury as provided in Section 111-2, within

 

 

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160 days from the date he or she was arrested.
2    The provisions of this paragraph shall not apply in the
3following situations:
4        (1) when delay is occasioned by the defendant; or
5        (2) when the defendant has been indicted by the Grand
6    Jury on the felony offense for which he or she was
7    initially taken into custody or on an offense arising from
8    the same transaction or conduct of the defendant that was
9    the basis for the felony offense or offenses initially
10    charged; or
11        (3) when a competency examination is ordered by the
12    court; or
13        (4) when a competency hearing is held; or
14        (5) when an adjudication of incompetency for trial has
15    been made; or
16        (6) when the case has been continued by the court
17    under Section 114-4 of this Code after a determination
18    that the defendant is physically incompetent to stand
19    trial.
20    (c) Delay occasioned by the defendant shall temporarily
21suspend, for the time of the delay, the period within which the
22preliminary examination must be held. On the day of expiration
23of the delay the period in question shall continue at the point
24at which it was suspended.
25(Source: P.A. 101-652, eff. 1-1-23.)
 

 

 

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1    (725 ILCS 5/110-1)  (from Ch. 38, par. 110-1)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 110-1. Definitions.
4    (a) "Security" is that which is required to be pledged to
5insure the payment of bail.
6    (b) "Sureties" encompasses the monetary and nonmonetary
7requirements set by the court as conditions for release either
8before or after conviction. "Surety" is one who executes a
9bail bond and binds himself to pay the bail if the person in
10custody fails to comply with all conditions of the bail bond.
11    (c) The phrase "for which a sentence of imprisonment,
12without conditional and revocable release, shall be imposed by
13law as a consequence of conviction" means an offense for which
14a sentence of imprisonment, without probation, periodic
15imprisonment or conditional discharge, is required by law upon
16conviction.
17    (d) "Real and present threat to the physical safety of any
18person or persons", as used in this Article, includes a threat
19to the community, person, persons or class of persons.
20(Source: P.A. 85-892; 102-813, eff. 5-13-22.)
 
21    (Text of Section after amendment by P.A. 101-652)
22    Sec. 110-1. Definitions. As used in this Article:
23    (a) (Blank).
24    (b) "Sureties" encompasses the monetary and nonmonetary
25requirements set by the court as conditions for release either

 

 

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1before or after conviction.
2    (c) The phrase "for which a sentence of imprisonment,
3without conditional and revocable release, shall be imposed by
4law as a consequence of conviction" means an offense for which
5a sentence of imprisonment in the Department of Corrections,
6without probation, periodic imprisonment or conditional
7discharge, is required by law upon conviction.
8    (d)(Blank).
9    (e) "Protective order" means any order of protection
10issued under Section 112A-14 of this Code or Section 214 of the
11Illinois Domestic Violence Act of 1986, a stalking no contact
12order issued under Section 80 of the Stalking No Contact Order
13Act, or a civil no contact order issued under Section 213 of
14the Civil No Contact Order Act.
15    (f) (e) "Willful flight" means intentional conduct with a
16purpose to thwart the judicial process to avoid prosecution.
17Isolated instances of nonappearance in court alone are not
18evidence of the risk of willful flight. Reoccurrence and
19patterns of intentional conduct to evade prosecution, along
20with any affirmative steps to communicate or remedy any such
21missed court date, may be considered as factors in assessing
22future intent to evade prosecution planning or attempting to
23intentionally evade prosecution by concealing oneself. Simple
24past non-appearance in court alone is not evidence of future
25intent to evade prosecution.
26(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
 

 

 

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1    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)
2    (Text of Section before amendment by P.A. 101-652)
3    Sec. 110-2. Release on own recognizance. When from all the
4circumstances the court is of the opinion that the defendant
5will appear as required either before or after conviction and
6the defendant will not pose a danger to any person or the
7community and that the defendant will comply with all
8conditions of bond, which shall include the defendant's
9current address with a written admonishment to the defendant
10that he or she must comply with the provisions of Section
11110-12 of this Code regarding any change in his or her address,
12the defendant may be released on his or her own recognizance.
13The defendant's address shall at all times remain a matter of
14public record with the clerk of the court. A failure to appear
15as required by such recognizance shall constitute an offense
16subject to the penalty provided in Section 32-10 of the
17Criminal Code of 2012 for violation of the bail bond, and any
18obligated sum fixed in the recognizance shall be forfeited and
19collected in accordance with subsection (g) of Section 110-7
20of this Code.
21    This Section shall be liberally construed to effectuate
22the purpose of relying upon contempt of court proceedings or
23criminal sanctions instead of financial loss to assure the
24appearance of the defendant, and that the defendant will not
25pose a danger to any person or the community and that the

 

 

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1defendant will comply with all conditions of bond. Monetary
2bail should be set only when it is determined that no other
3conditions of release will reasonably assure the defendant's
4appearance in court, that the defendant does not present a
5danger to any person or the community and that the defendant
6will comply with all conditions of bond.
7    The State may appeal any order permitting release by
8personal recognizance.
9(Source: P.A. 97-1150, eff. 1-25-13.)
 
10    (Text of Section after amendment by P.A. 101-652)
11    Sec. 110-2. Pretrial release. Release on own recognizance.
12    (a) All persons charged with an offense shall be eligible
13for pretrial release before conviction. It is presumed that a
14defendant is entitled to release on personal recognizance on
15the condition that the defendant attend all required court
16proceedings and the defendant does not commit any criminal
17offense, and complies with all terms of pretrial release,
18including, but not limited to, orders of protection under both
19Section 112A-4 of this Code and Section 214 of the Illinois
20Domestic Violence Act of 1986, all civil no contact orders,
21and all stalking no contact orders. Pretrial release may be
22denied only if a person is charged with an offense listed in
23Section 110-6.1 and after the court has held a hearing under
24Section 110-6.1, and in a manner consistent with subsections
25(b), (c), and (d) of this Section.

 

 

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1    (b) At all pretrial hearings, the prosecution shall have
2the burden to prove by clear and convincing evidence that any
3condition of release is necessary. Additional conditions of
4release, including those highlighted above, shall be set only
5when it is determined that they are necessary to assure the
6defendant's appearance in court, assure the defendant does not
7commit any criminal offense, and complies with all conditions
8of pretrial release.
9    (c) When it is alleged that pretrial release should be
10denied to a person upon the grounds that the person presents a
11real and present threat to the safety of any person or persons
12or the community, based on the specific articulable facts of
13the case, the burden of proof of such allegations shall be upon
14the State Detention only shall be imposed when it is
15determined that the defendant poses a specific, real and
16present threat to a person, or has a high likelihood of willful
17flight. If the court deems that the defendant is to be released
18on personal recognizance, the court may require that a written
19admonishment be signed by the defendant requiring that he or
20she must comply with the provisions of Section 110-12 of this
21Code regarding any change in his or her address. The defendant
22may be released on his or her own recognizance upon signature.
23The defendant's address shall at all times remain a matter of
24public record with the clerk of the court. A failure to appear
25as required by such recognizance shall constitute an offense
26subject to the penalty provided in Section 32-10 of the

 

 

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1Criminal Code of 2012 for violation of the conditions of
2pretrial release.
3    (d) When it is alleged that pretrial release should be
4denied to a person charged with stalking or aggravated
5stalking upon the grounds set forth in Section 110-6.3, the
6burden of proof of those allegations shall be upon the State
7If, after the procedures set out in Section 110-6.1, the court
8decides to detain the defendant, the Court must make a written
9finding as to why less restrictive conditions would not assure
10safety to the community and assure the defendant's appearance
11in court. At each subsequent appearance of the defendant
12before the Court, the judge must find that continued detention
13or the current set of conditions imposed are necessary to
14avoid the specific, real and present threat to any person or of
15willful flight from prosecution to continue detention of the
16defendant. The court is not required to be presented with new
17information or a change in circumstance to consider
18reconsidering pretrial detention on current conditions.
19    (e) This Section shall be liberally construed to
20effectuate the purpose of relying on pretrial release by
21nonmonetary means to reasonably ensure an eligible person's
22appearance in court, the protection of the safety of any other
23person or the community, that the person will not attempt or
24obstruct the criminal justice process, and the person's
25compliance with all conditions of release, while authorizing
26the court, upon motion of a prosecutor, to order pretrial

 

 

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1detention of the person under Section 110-6.1 when it finds
2clear and convincing evidence that no condition or combination
3of conditions can reasonably ensure the effectuation of these
4goals upon contempt of court proceedings or criminal sanctions
5instead of financial loss to assure the appearance of the
6defendant, and that the defendant will not pose a danger to any
7person or the community and that the defendant will not pose a
8danger to any person or the community and that the defendant
9will comply with all conditions of pretrial release.
10(Source: P.A. 101-652, eff. 1-1-23.)
 
11    (725 ILCS 5/110-3)  (from Ch. 38, par. 110-3)
12    (Text of Section before amendment by P.A. 101-652)
13    Sec. 110-3. Issuance of warrant. Upon failure to comply
14with any condition of a bail bond or recognizance, the court
15having jurisdiction at the time of such failure may, in
16addition to any other action provided by law, issue a warrant
17for the arrest of the person at liberty on bail or his own
18recognizance. The contents of such a warrant shall be the same
19as required for an arrest warrant issued upon complaint. When
20a defendant is at liberty on bail or his own recognizance on a
21felony charge and fails to appear in court as directed, the
22court shall issue a warrant for the arrest of such person. Such
23warrant shall be noted with a directive to peace officers to
24arrest the person and hold such person without bail and to
25deliver such person before the court for further proceedings.

 

 

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1A defendant who is arrested or surrenders within 30 days of the
2issuance of such warrant shall not be bailable in the case in
3question unless he shows by the preponderance of the evidence
4that his failure to appear was not intentional.
5(Source: P.A. 102-813, eff. 5-13-22.)
 
6    (Text of Section after amendment by P.A. 101-652)
7    Sec. 110-3. Options for warrant alternatives.
8    (a) Upon failure to comply with any condition of pretrial
9release or recognizance, the court having jurisdiction at the
10time of such failure may, on its own motion or upon motion from
11the State, issue a summons or an order to show cause as to why
12he or she shall not be subject to revocation of pretrial
13release, or for sanctions, as provided in Section 110-6.
14Nothing in this Section prohibits the court from issuing a
15warrant for the arrest of the person at liberty on pretrial
16release. This Section shall be construed to effectuate the
17goal of relying upon summonses rather than warrants to ensure
18the appearance of the defendant in court whenever possible.
19The contents of such a summons or warrant shall be the same as
20required for those issued upon complaint under Section 107-9.
21under subsection (c) upon failure to comply with any condition
22of pretrial release or recognizance.
23    (b) A defendant who appears in court on the date assigned
24or within 48 hours of service, whichever is later, in response
25to a summons issued for failure to appear in court, shall not

 

 

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1be recorded in the official docket as having failed to appear
2on the initial missed court date. If a person fails to appear
3in court on the date listed on the summons, the court may issue
4a warrant for the person's arrest.
5    (c) For the purpose of any risk assessment or future
6evaluation of risk of willful flight or risk of failure to
7appear, a nonappearance in court cured by an appearance in
8response to a summons shall not be considered as evidence of
9future likelihood of appearance in court.
10    (b) The order issued by the court shall state the facts
11alleged to constitute the hearing to show cause or otherwise
12why the person is subject to revocation of pretrial release. A
13certified copy of the order shall be served upon the person at
14least 48 hours in advance of the scheduled hearing.
15    (c) If the person does not appear at the hearing to show
16cause or absconds, the court may, in addition to any other
17action provided by law, issue a warrant for the arrest of the
18person at liberty on pretrial release. The contents of such a
19warrant shall be the same as required for an arrest warrant
20issued upon complaint and may modify any previously imposed
21conditions placed upon the person, rather than revoking
22pretrial release or issuing a warrant for the person in
23accordance with the requirements in subsections (d) and (e) of
24Section 110-5. When a defendant is at liberty on pretrial
25release or his own recognizance on a felony charge and fails to
26appear in court as directed, the court may issue a warrant for

 

 

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1the arrest of such person after his or her failure to appear at
2the show for cause hearing as provided in this Section. Such
3warrant shall be noted with a directive to peace officers to
4arrest the person and hold such person without pretrial
5release and to deliver such person before the court for
6further proceedings.
7    (d) If the order as described in subsection (b) is issued,
8a failure to appear shall not be recorded until the defendant
9fails to appear at the hearing to show cause. For the purpose
10of any risk assessment or future evaluation of risk of willful
11flight or risk of failure to appear, a non-appearance in court
12cured by an appearance at the hearing to show cause shall not
13be considered as evidence of future likelihood of appearance
14in court.
15(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
16    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
17    (Text of Section before amendment by P.A. 101-652)
18    Sec. 110-5. Determining the amount of bail and conditions
19of release.
20    (a) In determining the amount of monetary bail or
21conditions of release, if any, which will reasonably assure
22the appearance of a defendant as required or the safety of any
23other person or the community and the likelihood of compliance
24by the defendant with all the conditions of bail, the court
25shall, on the basis of available information, take into

 

 

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1account such matters as the nature and circumstances of the
2offense charged, whether the evidence shows that as part of
3the offense there was a use of violence or threatened use of
4violence, whether the offense involved corruption of public
5officials or employees, whether there was physical harm or
6threats of physical harm to any public official, public
7employee, judge, prosecutor, juror or witness, senior citizen,
8child, or person with a disability, whether evidence shows
9that during the offense or during the arrest the defendant
10possessed or used a firearm, machine gun, explosive or metal
11piercing ammunition or explosive bomb device or any military
12or paramilitary armament, whether the evidence shows that the
13offense committed was related to or in furtherance of the
14criminal activities of an organized gang or was motivated by
15the defendant's membership in or allegiance to an organized
16gang, the condition of the victim, any written statement
17submitted by the victim or proffer or representation by the
18State regarding the impact which the alleged criminal conduct
19has had on the victim and the victim's concern, if any, with
20further contact with the defendant if released on bail,
21whether the offense was based on racial, religious, sexual
22orientation or ethnic hatred, the likelihood of the filing of
23a greater charge, the likelihood of conviction, the sentence
24applicable upon conviction, the weight of the evidence against
25such defendant, whether there exists motivation or ability to
26flee, whether there is any verification as to prior residence,

 

 

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1education, or family ties in the local jurisdiction, in
2another county, state or foreign country, the defendant's
3employment, financial resources, character and mental
4condition, past conduct, prior use of alias names or dates of
5birth, and length of residence in the community, the consent
6of the defendant to periodic drug testing in accordance with
7Section 110-6.5, whether a foreign national defendant is
8lawfully admitted in the United States of America, whether the
9government of the foreign national maintains an extradition
10treaty with the United States by which the foreign government
11will extradite to the United States its national for a trial
12for a crime allegedly committed in the United States, whether
13the defendant is currently subject to deportation or exclusion
14under the immigration laws of the United States, whether the
15defendant, although a United States citizen, is considered
16under the law of any foreign state a national of that state for
17the purposes of extradition or non-extradition to the United
18States, the amount of unrecovered proceeds lost as a result of
19the alleged offense, the source of bail funds tendered or
20sought to be tendered for bail, whether from the totality of
21the court's consideration, the loss of funds posted or sought
22to be posted for bail will not deter the defendant from flight,
23whether the evidence shows that the defendant is engaged in
24significant possession, manufacture, or delivery of a
25controlled substance or cannabis, either individually or in
26consort with others, whether at the time of the offense

 

 

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1charged he or she was on bond or pre-trial release pending
2trial, probation, periodic imprisonment or conditional
3discharge pursuant to this Code or the comparable Code of any
4other state or federal jurisdiction, whether the defendant is
5on bond or pre-trial release pending the imposition or
6execution of sentence or appeal of sentence for any offense
7under the laws of Illinois or any other state or federal
8jurisdiction, whether the defendant is under parole, aftercare
9release, mandatory supervised release, or work release from
10the Illinois Department of Corrections or Illinois Department
11of Juvenile Justice or any penal institution or corrections
12department of any state or federal jurisdiction, the
13defendant's record of convictions, whether the defendant has
14been convicted of a misdemeanor or ordinance offense in
15Illinois or similar offense in other state or federal
16jurisdiction within the 10 years preceding the current charge
17or convicted of a felony in Illinois, whether the defendant
18was convicted of an offense in another state or federal
19jurisdiction that would be a felony if committed in Illinois
20within the 20 years preceding the current charge or has been
21convicted of such felony and released from the penitentiary
22within 20 years preceding the current charge if a penitentiary
23sentence was imposed in Illinois or other state or federal
24jurisdiction, the defendant's records of juvenile adjudication
25of delinquency in any jurisdiction, any record of appearance
26or failure to appear by the defendant at court proceedings,

 

 

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1whether there was flight to avoid arrest or prosecution,
2whether the defendant escaped or attempted to escape to avoid
3arrest, whether the defendant refused to identify himself or
4herself, or whether there was a refusal by the defendant to be
5fingerprinted as required by law. Information used by the
6court in its findings or stated in or offered in connection
7with this Section may be by way of proffer based upon reliable
8information offered by the State or defendant. All evidence
9shall be admissible if it is relevant and reliable regardless
10of whether it would be admissible under the rules of evidence
11applicable at criminal trials. If the State presents evidence
12that the offense committed by the defendant was related to or
13in furtherance of the criminal activities of an organized gang
14or was motivated by the defendant's membership in or
15allegiance to an organized gang, and if the court determines
16that the evidence may be substantiated, the court shall
17prohibit the defendant from associating with other members of
18the organized gang as a condition of bail or release. For the
19purposes of this Section, "organized gang" has the meaning
20ascribed to it in Section 10 of the Illinois Streetgang
21Terrorism Omnibus Prevention Act.
22    (a-5) There shall be a presumption that any conditions of
23release imposed shall be non-monetary in nature and the court
24shall impose the least restrictive conditions or combination
25of conditions necessary to reasonably assure the appearance of
26the defendant for further court proceedings and protect the

 

 

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1integrity of the judicial proceedings from a specific threat
2to a witness or participant. Conditions of release may
3include, but not be limited to, electronic home monitoring,
4curfews, drug counseling, stay-away orders, and in-person
5reporting. The court shall consider the defendant's
6socio-economic circumstance when setting conditions of release
7or imposing monetary bail.
8    (b) The amount of bail shall be:
9        (1) Sufficient to assure compliance with the
10    conditions set forth in the bail bond, which shall include
11    the defendant's current address with a written
12    admonishment to the defendant that he or she must comply
13    with the provisions of Section 110-12 regarding any change
14    in his or her address. The defendant's address shall at
15    all times remain a matter of public record with the clerk
16    of the court.
17        (2) Not oppressive.
18        (3) Considerate of the financial ability of the
19    accused.
20        (4) When a person is charged with a drug related
21    offense involving possession or delivery of cannabis or
22    possession or delivery of a controlled substance as
23    defined in the Cannabis Control Act, the Illinois
24    Controlled Substances Act, or the Methamphetamine Control
25    and Community Protection Act, the full street value of the
26    drugs seized shall be considered. "Street value" shall be

 

 

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1    determined by the court on the basis of a proffer by the
2    State based upon reliable information of a law enforcement
3    official contained in a written report as to the amount
4    seized and such proffer may be used by the court as to the
5    current street value of the smallest unit of the drug
6    seized.
7    (b-5) Upon the filing of a written request demonstrating
8reasonable cause, the State's Attorney may request a source of
9bail hearing either before or after the posting of any funds.
10If the hearing is granted, before the posting of any bail, the
11accused must file a written notice requesting that the court
12conduct a source of bail hearing. The notice must be
13accompanied by justifying affidavits stating the legitimate
14and lawful source of funds for bail. At the hearing, the court
15shall inquire into any matters stated in any justifying
16affidavits, and may also inquire into matters appropriate to
17the determination which shall include, but are not limited to,
18the following:
19        (1) the background, character, reputation, and
20    relationship to the accused of any surety; and
21        (2) the source of any money or property deposited by
22    any surety, and whether any such money or property
23    constitutes the fruits of criminal or unlawful conduct;
24    and
25        (3) the source of any money posted as cash bail, and
26    whether any such money constitutes the fruits of criminal

 

 

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1    or unlawful conduct; and
2        (4) the background, character, reputation, and
3    relationship to the accused of the person posting cash
4    bail.
5    Upon setting the hearing, the court shall examine, under
6oath, any persons who may possess material information.
7    The State's Attorney has a right to attend the hearing, to
8call witnesses and to examine any witness in the proceeding.
9The court shall, upon request of the State's Attorney,
10continue the proceedings for a reasonable period to allow the
11State's Attorney to investigate the matter raised in any
12testimony or affidavit. If the hearing is granted after the
13accused has posted bail, the court shall conduct a hearing
14consistent with this subsection (b-5). At the conclusion of
15the hearing, the court must issue an order either approving or
16disapproving the bail.
17    (c) When a person is charged with an offense punishable by
18fine only the amount of the bail shall not exceed double the
19amount of the maximum penalty.
20    (d) When a person has been convicted of an offense and only
21a fine has been imposed the amount of the bail shall not exceed
22double the amount of the fine.
23    (e) The State may appeal any order granting bail or
24setting a given amount for bail.
25    (f) When a person is charged with a violation of an order
26of protection under Section 12-3.4 or 12-30 of the Criminal

 

 

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1Code of 1961 or the Criminal Code of 2012 or when a person is
2charged with domestic battery, aggravated domestic battery,
3kidnapping, aggravated kidnaping, unlawful restraint,
4aggravated unlawful restraint, stalking, aggravated stalking,
5cyberstalking, harassment by telephone, harassment through
6electronic communications, or an attempt to commit first
7degree murder committed against an intimate partner regardless
8whether an order of protection has been issued against the
9person,
10        (1) whether the alleged incident involved harassment
11    or abuse, as defined in the Illinois Domestic Violence Act
12    of 1986;
13        (2) whether the person has a history of domestic
14    violence, as defined in the Illinois Domestic Violence
15    Act, or a history of other criminal acts;
16        (3) based on the mental health of the person;
17        (4) whether the person has a history of violating the
18    orders of any court or governmental entity;
19        (5) whether the person has been, or is, potentially a
20    threat to any other person;
21        (6) whether the person has access to deadly weapons or
22    a history of using deadly weapons;
23        (7) whether the person has a history of abusing
24    alcohol or any controlled substance;
25        (8) based on the severity of the alleged incident that
26    is the basis of the alleged offense, including, but not

 

 

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1    limited to, the duration of the current incident, and
2    whether the alleged incident involved the use of a weapon,
3    physical injury, sexual assault, strangulation, abuse
4    during the alleged victim's pregnancy, abuse of pets, or
5    forcible entry to gain access to the alleged victim;
6        (9) whether a separation of the person from the
7    alleged victim or a termination of the relationship
8    between the person and the alleged victim has recently
9    occurred or is pending;
10        (10) whether the person has exhibited obsessive or
11    controlling behaviors toward the alleged victim,
12    including, but not limited to, stalking, surveillance, or
13    isolation of the alleged victim or victim's family member
14    or members;
15        (11) whether the person has expressed suicidal or
16    homicidal ideations;
17        (12) based on any information contained in the
18    complaint and any police reports, affidavits, or other
19    documents accompanying the complaint,
20the court may, in its discretion, order the respondent to
21undergo a risk assessment evaluation using a recognized,
22evidence-based instrument conducted by an Illinois Department
23of Human Services approved partner abuse intervention program
24provider, pretrial service, probation, or parole agency. These
25agencies shall have access to summaries of the defendant's
26criminal history, which shall not include victim interviews or

 

 

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1information, for the risk evaluation. Based on the information
2collected from the 12 points to be considered at a bail hearing
3under this subsection (f), the results of any risk evaluation
4conducted and the other circumstances of the violation, the
5court may order that the person, as a condition of bail, be
6placed under electronic surveillance as provided in Section
75-8A-7 of the Unified Code of Corrections. Upon making a
8determination whether or not to order the respondent to
9undergo a risk assessment evaluation or to be placed under
10electronic surveillance and risk assessment, the court shall
11document in the record the court's reasons for making those
12determinations. The cost of the electronic surveillance and
13risk assessment shall be paid by, or on behalf, of the
14defendant. As used in this subsection (f), "intimate partner"
15means a spouse or a current or former partner in a cohabitation
16or dating relationship.
17(Source: P.A. 102-28, eff. 6-25-21; 102-558, eff. 8-20-21;
18102-813, eff. 5-13-22.)
 
19    (Text of Section after amendment by P.A. 101-652)
20    Sec. 110-5. Determining the amount of bail and conditions
21of release.
22    (a) In determining which conditions of pretrial release,
23if any, will reasonably ensure assure the appearance of a
24defendant as required or the safety of any other person or the
25community and the likelihood of compliance by the defendant

 

 

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1with all the conditions of pretrial release, the court shall,
2on the basis of available information, take into account such
3matters as:
4        (1) the nature and circumstances of the offense
5    charged;
6        (2) the weight of the evidence against the eligible
7    defendant, except that the court may consider the
8    admissibility of any evidence sought to be excluded;
9        (3) the history and characteristics of the eligible
10    defendant, including:
11            (A) the eligible defendant's character, physical
12        and mental condition, family ties, employment,
13        financial resources, length of residence in the
14        community, community ties, past relating to drug or
15        alcohol abuse, conduct, history criminal history, and
16        record concerning appearance at court proceedings; and
17            (B) whether, at the time of the current offense or
18        arrest, the eligible defendant was on probation,
19        parole, or on other release pending trial, sentencing,
20        appeal, or completion of sentence for an offense under
21        federal law, or the law of this or any other state;
22        (4) the nature and seriousness of the real and present
23    threat to the safety of any person or persons or the
24    community, based on the specific articulable facts of the
25    case, specific, real and present threat to any person that
26    would be posed by the eligible defendant's release, if

 

 

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1    applicable, as required under paragraph (7.5) of Section 4
2    of the Rights of Crime Victims and Witnesses Act; and
3        (5) the nature and seriousness of the risk of
4    obstructing or attempting to obstruct the criminal justice
5    process that would be posed by the eligible defendant's
6    release, if applicable; .
7        (6) when a person is charged with a violation of a
8    protective order, domestic battery, aggravated domestic
9    battery, kidnapping, aggravated kidnaping, unlawful
10    restraint, aggravated unlawful restraint, cyberstalking,
11    harassment by telephone, harassment through electronic
12    communications, or an attempt to commit first degree
13    murder committed against a spouse or a current or former
14    partner in a cohabitation or dating relationship,
15    regardless of whether an order of protection has been
16    issued against the person, the court may consider the
17    following additional factors:
18            (A) whether the alleged incident involved
19        harassment or abuse, as defined in the Illinois
20        Domestic Violence Act of 1986;
21            (B) whether the person has a history of domestic
22        violence, as defined in the Illinois Domestic Violence
23        Act of 1986, or a history of other criminal acts;
24            (C) the mental health of the person;
25            (D) whether the person has a history of violating
26        the orders of any court or governmental entity;

 

 

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1            (E) whether the person has been, or is,
2        potentially a threat to any other person;
3            (F) whether the person has access to deadly
4        weapons or a history of using deadly weapons;
5            (G) whether the person has a history of abusing
6        alcohol or any controlled substance;
7            (H) the severity of the alleged incident that is
8        the basis of the alleged offense, including, but not
9        limited to, the duration of the current incident, and
10        whether the alleged incident involved the use of a
11        weapon, physical injury, sexual assault,
12        strangulation, abuse during the alleged victim's
13        pregnancy, abuse of pets, or forcible entry to gain
14        access to the alleged victim;
15            (I) whether a separation of the person from the
16        victim of abuse or a termination of the relationship
17        between the person and the victim of abuse has
18        recently occurred or is pending;
19            (J) whether the person has exhibited obsessive or
20        controlling behaviors toward the victim of abuse,
21        including, but not limited to, stalking, surveillance,
22        or isolation of the victim of abuse or the victim's
23        family member or members;
24            (K) whether the person has expressed suicidal or
25        homicidal ideations; and
26            (L) any other factors deemed by the court to have a

 

 

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1        reasonable bearing upon the defendant's propensity or
2        reputation for violent, abusive, or assaultive
3        behavior, or lack of that behavior.
4        (7) in cases of stalking or aggravated stalking under
5    Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
6    court may consider the factors listed in paragraph (6) and
7    the following additional factors:
8            (A) any evidence of the defendant's prior criminal
9        history indicative of violent, abusive or assaultive
10        behavior, or lack of that behavior; the evidence may
11        include testimony or documents received in juvenile
12        proceedings, criminal, quasi-criminal, civil
13        commitment, domestic relations, or other proceedings;
14            (B) any evidence of the defendant's psychological,
15        psychiatric, or other similar social history that
16        tends to indicate a violent, abusive, or assaultive
17        nature, or lack of any such history;
18            (C) the nature of the threat that is the basis of
19        the charge against the defendant;
20            (D) any statements made by, or attributed to, the
21        defendant, together with the circumstances surrounding
22        them;
23            (E) the age and physical condition of any person
24        allegedly assaulted by the defendant;
25            (F) whether the defendant is known to possess or
26        have access to any weapon or weapons; and

 

 

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1            (G) any other factors deemed by the court to have a
2        reasonable bearing upon the defendant's propensity or
3        reputation for violent, abusive, or assaultive
4        behavior, or lack of that behavior.
5    (b) The court may use a regularly validated risk
6assessment tool to aid its determination of appropriate
7conditions of release as provided under Section 110-6.4. If a
8risk assessment tool is used, the defendant's counsel shall be
9provided with the information and scoring system of the risk
10assessment tool used to arrive at the determination. The
11defendant retains the right to challenge the validity of a
12risk assessment tool used by the court and to present evidence
13relevant to the defendant's challenge.
14    (c) (b) The court shall impose any conditions that are
15mandatory under subsection (a) of Section 110-10. The court
16may impose any conditions that are permissible under
17subsection (b) of Section 110-10. The conditions of release
18imposed shall be the least restrictive conditions or
19combination of conditions necessary to reasonably ensure the
20appearance of the defendant as required or the safety of any
21other person or persons or the community.
22    (b-5) When a person is charged with a violation of an order
23of protection under Section 12-3.4 or 12-30 of the Criminal
24Code of 1961 or the Criminal Code of 2012 or when a person is
25charged with domestic battery, aggravated domestic battery,
26kidnapping, aggravated kidnaping, unlawful restraint,

 

 

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1aggravated unlawful restraint, stalking, aggravated stalking,
2cyberstalking, harassment by telephone, harassment through
3electronic communications, or an attempt to commit first
4degree murder committed against an intimate partner regardless
5whether an order of protection has been issued against the
6person,
7        (1) whether the alleged incident involved harassment
8    or abuse, as defined in the Illinois Domestic Violence Act
9    of 1986;
10        (2) whether the person has a history of domestic
11    violence, as defined in the Illinois Domestic Violence
12    Act, or a history of other criminal acts;
13        (3) based on the mental health of the person;
14        (4) whether the person has a history of violating the
15    orders of any court or governmental entity;
16        (5) whether the person has been, or is, potentially a
17    threat to any other person;
18        (6) whether the person has access to deadly weapons or
19    a history of using deadly weapons;
20        (7) whether the person has a history of abusing
21    alcohol or any controlled substance;
22        (8) based on the severity of the alleged incident that
23    is the basis of the alleged offense, including, but not
24    limited to, the duration of the current incident, and
25    whether the alleged incident involved the use of a weapon,
26    physical injury, sexual assault, strangulation, abuse

 

 

10200HB1095sam001- 188 -LRB102 03109 RLC 41994 a

1    during the alleged victim's pregnancy, abuse of pets, or
2    forcible entry to gain access to the alleged victim;
3        (9) whether a separation of the person from the victim
4    of abuse or a termination of the relationship between the
5    person and the victim of abuse has recently occurred or is
6    pending;
7        (10) whether the person has exhibited obsessive or
8    controlling behaviors toward the victim of abuse,
9    including, but not limited to, stalking, surveillance, or
10    isolation of the victim of abuse or victim's family member
11    or members;
12        (11) whether the person has expressed suicidal or
13    homicidal ideations;
14        (11.5) any other factors deemed by the court to have a
15    reasonable bearing upon the defendant's propensity or
16    reputation for violent, abusive or assaultive behavior, or
17    lack of that behavior.
18    (c) In cases of stalking or aggravated stalking under
19Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
20court may consider the following additional factors:
21        (1) Any evidence of the defendant's prior criminal
22    history indicative of violent, abusive or assaultive
23    behavior, or lack of that behavior. The evidence may
24    include testimony or documents received in juvenile
25    proceedings, criminal, quasi-criminal, civil commitment,
26    domestic relations or other proceedings;

 

 

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1        (2) Any evidence of the defendant's psychological,
2    psychiatric or other similar social history that tends to
3    indicate a violent, abusive, or assaultive nature, or lack
4    of any such history;
5        (3) The nature of the threat which is the basis of the
6    charge against the defendant;
7        (4) Any statements made by, or attributed to the
8    defendant, together with the circumstances surrounding
9    them;
10        (5) The age and physical condition of any person
11    allegedly assaulted by the defendant;
12        (6) Whether the defendant is known to possess or have
13    access to any weapon or weapons;
14        (7) Any other factors deemed by the court to have a
15    reasonable bearing upon the defendant's propensity or
16    reputation for violent, abusive or assaultive behavior, or
17    lack of that behavior.
18    (d) When a person is charged with a violation of a
19protective order, the court may order the defendant placed
20under electronic surveillance as a condition of pretrial
21release, as provided in Section 5-8A-7 of the Unified Code of
22Corrections, based on the information collected under
23paragraph (6) of subsection (a) of this Section, the results
24of any assessment conducted, or other circumstances of the
25violation The Court may use a regularly validated risk
26assessment tool to aid its determination of appropriate

 

 

10200HB1095sam001- 190 -LRB102 03109 RLC 41994 a

1conditions of release as provided for in Section 110-6.4. Risk
2assessment tools may not be used as the sole basis to deny
3pretrial release. If a risk assessment tool is used, the
4defendant's counsel shall be provided with the information and
5scoring system of the risk assessment tool used to arrive at
6the determination. The defendant retains the right to
7challenge the validity of a risk assessment tool used by the
8court and to present evidence relevant to the defendant's
9challenge.
10    (e) If a person remains in pretrial detention 48 hours
11after his or her pretrial conditions hearing after having been
12ordered released with pretrial conditions, the court shall
13hold a hearing to determine the reason for continued
14detention. If the reason for continued detention is due to the
15unavailability or the defendant's ineligibility for one or
16more pretrial conditions previously ordered by the court or
17directed by a pretrial services agency, the court shall reopen
18the conditions of release hearing to determine what available
19pretrial conditions exist that will reasonably ensure assure
20the appearance of a defendant as required, or the safety of any
21other person, and the likelihood of compliance by the
22defendant with all the conditions of pretrial release. The
23inability of the defendant to pay for a condition of release or
24any other ineligibility for a condition of pretrial release
25shall not be used as a justification for the pretrial
26detention of that defendant.

 

 

10200HB1095sam001- 191 -LRB102 03109 RLC 41994 a

1    (f) Prior to the defendant's first appearance, and with
2sufficient time for meaningful attorney-client contact to
3gather information in order to advocate effectively for the
4defendant's pretrial release, the court Court shall appoint
5the public defender or a licensed attorney at law of this State
6to represent the defendant for purposes of that hearing,
7unless the defendant has obtained licensed counsel for
8themselves. Defense counsel shall have access to the same
9documentary information relied upon by the prosecution and
10presented to the court.
11    (f-5) At each subsequent appearance of the defendant
12before the court, the judge must find that the current
13conditions imposed are necessary to reasonably ensure the
14appearance of the defendant as required, the safety of any
15other person, and the compliance of the defendant with all the
16conditions of pretrial release. The court is not required to
17be presented with new information or a change in circumstance
18to remove pretrial conditions.
19    (g) Electronic monitoring, GPS monitoring, or home
20confinement can only be imposed as a condition of pretrial
21release if a no less restrictive condition of release or
22combination of less restrictive condition of release would
23reasonably ensure the appearance of the defendant for later
24hearings or protect an identifiable person or persons from
25imminent threat of serious physical harm.
26    (h) If the court imposes electronic monitoring, GPS

 

 

10200HB1095sam001- 192 -LRB102 03109 RLC 41994 a

1monitoring, or home confinement, the court shall set forth in
2the record the basis for its finding. A defendant shall be
3given custodial credit for each day he or she was subjected to
4home confinement that program, at the same rate described in
5subsection (b) of Section 5-4.5-100 of the Unified Code of
6Corrections. The court may give custodial credit to a
7defendant for each day the defendant was subjected to GPS
8monitoring without home confinement or electronic monitoring
9without home confinement.
10    (i) If electronic monitoring, GPS monitoring, or home
11confinement is imposed, the court shall determine every 60
12days if no less restrictive condition of release or
13combination of less restrictive conditions of release would
14reasonably ensure the appearance, or continued appearance, of
15the defendant for later hearings or protect an identifiable
16person or persons from imminent threat of serious physical
17harm. If the court finds that there are less restrictive
18conditions of release, the court shall order that the
19condition be removed. This subsection takes effect January 1,
202022.
21    (j) Crime Victims shall be given notice by the State's
22Attorney's office of this hearing as required in paragraph (1)
23of subsection (b) of Section 4.5 of the Rights of Crime Victims
24and Witnesses Act and shall be informed of their opportunity
25at this hearing to obtain a protective order an order of
26protection under Article 112A of this Code.

 

 

10200HB1095sam001- 193 -LRB102 03109 RLC 41994 a

1    (k) The State and defendants may appeal court orders
2imposing conditions of pretrial release.
3(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
4102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
5    (725 ILCS 5/110-5.2)
6    (Text of Section before amendment by P.A. 101-652)
7    Sec. 110-5.2. Bail; pregnant pre-trial detainee.
8    (a) It is the policy of this State that a pre-trial
9detainee shall not be required to deliver a child while in
10custody absent a finding by the court that continued pre-trial
11custody is necessary to protect the public or the victim of the
12offense on which the charge is based.
13    (b) If the court reasonably believes that a pre-trial
14detainee will give birth while in custody, the court shall
15order an alternative to custody unless, after a hearing, the
16court determines:
17        (1) that the release of the pregnant pre-trial
18    detainee would pose a real and present threat to the
19    physical safety of the alleged victim of the offense and
20    continuing custody is necessary to prevent the fulfillment
21    of the threat upon which the charge is based; or
22        (2) that the release of the pregnant pre-trial
23    detainee would pose a real and present threat to the
24    physical safety of any person or persons or the general
25    public.

 

 

10200HB1095sam001- 194 -LRB102 03109 RLC 41994 a

1    (c) The court may order a pregnant or post-partum detainee
2to be subject to electronic monitoring as a condition of
3pre-trial release or order other condition or combination of
4conditions the court reasonably determines are in the best
5interest of the detainee and the public.
6    (d) This Section shall be applicable to a pregnant
7pre-trial detainee in custody on or after the effective date
8of this amendatory Act of the 100th General Assembly.
9(Source: P.A. 100-630, eff. 1-1-19.)
 
10    (Text of Section after amendment by P.A. 101-652)
11    Sec. 110-5.2. Pretrial release; pregnant pre-trial
12detainee.
13    (a) It is the policy of this State that a pre-trial
14detainee shall not be required to deliver a child while in
15custody absent a finding by the court that continued pre-trial
16custody is necessary to alleviate a real and present threat to
17the safety of any person or persons or the community, based on
18the specific articulable facts of the case, or prevent the
19defendant's willful flight protect the public or the victim of
20the offense on which the charge is based.
21    (b) If the court reasonably believes that a pre-trial
22detainee will give birth while in custody, the court shall
23order an alternative to custody unless, after a hearing, the
24court determines:
25        (1) the pregnant pretrial detainee is charged with an

 

 

10200HB1095sam001- 195 -LRB102 03109 RLC 41994 a

1    offense for which pretrial release may be denied under
2    Section 110-6.1; and that the release of the pregnant
3    pre-trial detainee would pose a real and present threat to
4    the physical safety of the alleged victim of the offense
5    and continuing custody is necessary to prevent the
6    fulfillment of the threat upon which the charge is based;
7    or
8        (2) after a hearing under Section 110-6.1 that
9    considers the circumstances of the pregnancy, the court
10    determines that continued detention is the only way to
11    prevent a real and present threat to the safety of any
12    person or persons or the community, based on the specific
13    articulable facts of the case, or prevent the defendant's
14    willful flight that the release of the pregnant pre-trial
15    detainee would pose a real and present threat to the
16    physical safety of any person or persons or the general
17    public.
18    (c) Electronic Monitoring may be ordered by the court only
19if no less restrictive condition of release or combination of
20less restrictive conditions of release would reasonably ensure
21the appearance, or continued appearance, of the defendant for
22later hearings or protect an identifiable person or persons
23from imminent threat of serious physical harm. All pregnant
24people or those who have given birth within 6 weeks shall be
25granted ample movement to attend doctor's appointments and for
26emergencies related to the health of the pregnancy, infant, or

 

 

10200HB1095sam001- 196 -LRB102 03109 RLC 41994 a

1postpartum person. The court may order a pregnant or
2post-partum detainee to be subject to electronic monitoring as
3a condition of pre-trial release or order other condition or
4combination of conditions the court reasonably determines are
5in the best interest of the detainee and the public.
6    (d) This Section shall be applicable to a pregnant
7pre-trial detainee in custody on or after the effective date
8of this amendatory Act of the 100th General Assembly.
9(Source: P.A. 100-630, eff. 1-1-19; 101-652, eff. 1-1-23.)
 
10    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
11    (Text of Section before amendment by P.A. 101-652)
12    Sec. 110-6. Modification of bail or conditions.
13    (a) Upon verified application by the State or the
14defendant or on its own motion the court before which the
15proceeding is pending may increase or reduce the amount of
16bail or may alter the conditions of the bail bond or grant bail
17where it has been previously revoked or denied. If bail has
18been previously revoked pursuant to subsection (f) of this
19Section or if bail has been denied to the defendant pursuant to
20subsection (e) of Section 110-6.1 or subsection (e) of Section
21110-6.3, the defendant shall be required to present a verified
22application setting forth in detail any new facts not known or
23obtainable at the time of the previous revocation or denial of
24bail proceedings. If the court grants bail where it has been
25previously revoked or denied, the court shall state on the

 

 

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1record of the proceedings the findings of facts and conclusion
2of law upon which such order is based.
3    (a-5) In addition to any other available motion or
4procedure under this Code, a person in custody solely for a
5Category B offense due to an inability to post monetary bail
6shall be brought before the court at the next available court
7date or 7 calendar days from the date bail was set, whichever
8is earlier, for a rehearing on the amount or conditions of bail
9or release pending further court proceedings. The court may
10reconsider conditions of release for any other person whose
11inability to post monetary bail is the sole reason for
12continued incarceration, including a person in custody for a
13Category A offense or a Category A offense and a Category B
14offense. The court may deny the rehearing permitted under this
15subsection (a-5) if the person has failed to appear as
16required before the court and is incarcerated based on a
17warrant for failure to appear on the same original criminal
18offense.
19    (b) Violation of the conditions of Section 110-10 of this
20Code or any special conditions of bail as ordered by the court
21shall constitute grounds for the court to increase the amount
22of bail, or otherwise alter the conditions of bail, or, where
23the alleged offense committed on bail is a forcible felony in
24Illinois or a Class 2 or greater offense under the Illinois
25Controlled Substances Act, the Cannabis Control Act, or the
26Methamphetamine Control and Community Protection Act, revoke

 

 

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1bail pursuant to the appropriate provisions of subsection (e)
2of this Section.
3    (c) Reasonable notice of such application by the defendant
4shall be given to the State.
5    (d) Reasonable notice of such application by the State
6shall be given to the defendant, except as provided in
7subsection (e).
8    (e) Upon verified application by the State stating facts
9or circumstances constituting a violation or a threatened
10violation of any of the conditions of the bail bond the court
11may issue a warrant commanding any peace officer to bring the
12defendant without unnecessary delay before the court for a
13hearing on the matters set forth in the application. If the
14actual court before which the proceeding is pending is absent
15or otherwise unavailable another court may issue a warrant
16pursuant to this Section. When the defendant is charged with a
17felony offense and while free on bail is charged with a
18subsequent felony offense and is the subject of a proceeding
19set forth in Section 109-1 or 109-3 of this Code, upon the
20filing of a verified petition by the State alleging a
21violation of Section 110-10 (a) (4) of this Code, the court
22shall without prior notice to the defendant, grant leave to
23file such application and shall order the transfer of the
24defendant and the application without unnecessary delay to the
25court before which the previous felony matter is pending for a
26hearing as provided in subsection (b) or this subsection of

 

 

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1this Section. The defendant shall be held without bond pending
2transfer to and a hearing before such court. At the conclusion
3of the hearing based on a violation of the conditions of
4Section 110-10 of this Code or any special conditions of bail
5as ordered by the court the court may enter an order increasing
6the amount of bail or alter the conditions of bail as deemed
7appropriate.
8    (f) Where the alleged violation consists of the violation
9of one or more felony statutes of any jurisdiction which would
10be a forcible felony in Illinois or a Class 2 or greater
11offense under the Illinois Controlled Substances Act, the
12Cannabis Control Act, or the Methamphetamine Control and
13Community Protection Act and the defendant is on bail for the
14alleged commission of a felony, or where the defendant is on
15bail for a felony domestic battery (enhanced pursuant to
16subsection (b) of Section 12-3.2 of the Criminal Code of 1961
17or the Criminal Code of 2012), aggravated domestic battery,
18aggravated battery, unlawful restraint, aggravated unlawful
19restraint or domestic battery in violation of item (1) of
20subsection (a) of Section 12-3.2 of the Criminal Code of 1961
21or the Criminal Code of 2012 against a family or household
22member as defined in Section 112A-3 of this Code and the
23violation is an offense of domestic battery against the same
24victim the court shall, on the motion of the State or its own
25motion, revoke bail in accordance with the following
26provisions:

 

 

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1        (1) The court shall hold the defendant without bail
2    pending the hearing on the alleged breach; however, if the
3    defendant is not admitted to bail the hearing shall be
4    commenced within 10 days from the date the defendant is
5    taken into custody or the defendant may not be held any
6    longer without bail, unless delay is occasioned by the
7    defendant. Where defendant occasions the delay, the
8    running of the 10 day period is temporarily suspended and
9    resumes at the termination of the period of delay. Where
10    defendant occasions the delay with 5 or fewer days
11    remaining in the 10 day period, the court may grant a
12    period of up to 5 additional days to the State for good
13    cause shown. The State, however, shall retain the right to
14    proceed to hearing on the alleged violation at any time,
15    upon reasonable notice to the defendant and the court.
16        (2) At a hearing on the alleged violation the State
17    has the burden of going forward and proving the violation
18    by clear and convincing evidence. The evidence shall be
19    presented in open court with the opportunity to testify,
20    to present witnesses in his behalf, and to cross-examine
21    witnesses if any are called by the State, and
22    representation by counsel and if the defendant is indigent
23    to have counsel appointed for him. The rules of evidence
24    applicable in criminal trials in this State shall not
25    govern the admissibility of evidence at such hearing.
26    Information used by the court in its findings or stated in

 

 

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1    or offered in connection with hearings for increase or
2    revocation of bail may be by way of proffer based upon
3    reliable information offered by the State or defendant.
4    All evidence shall be admissible if it is relevant and
5    reliable regardless of whether it would be admissible
6    under the rules of evidence applicable at criminal trials.
7    A motion by the defendant to suppress evidence or to
8    suppress a confession shall not be entertained at such a
9    hearing. Evidence that proof may have been obtained as a
10    result of an unlawful search and seizure or through
11    improper interrogation is not relevant to this hearing.
12        (3) Upon a finding by the court that the State has
13    established by clear and convincing evidence that the
14    defendant has committed a forcible felony or a Class 2 or
15    greater offense under the Illinois Controlled Substances
16    Act, the Cannabis Control Act, or the Methamphetamine
17    Control and Community Protection Act while admitted to
18    bail, or where the defendant is on bail for a felony
19    domestic battery (enhanced pursuant to subsection (b) of
20    Section 12-3.2 of the Criminal Code of 1961 or the
21    Criminal Code of 2012), aggravated domestic battery,
22    aggravated battery, unlawful restraint, aggravated
23    unlawful restraint or domestic battery in violation of
24    item (1) of subsection (a) of Section 12-3.2 of the
25    Criminal Code of 1961 or the Criminal Code of 2012 against
26    a family or household member as defined in Section 112A-3

 

 

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1    of this Code and the violation is an offense of domestic
2    battery, against the same victim, the court shall revoke
3    the bail of the defendant and hold the defendant for trial
4    without bail. Neither the finding of the court nor any
5    transcript or other record of the hearing shall be
6    admissible in the State's case in chief, but shall be
7    admissible for impeachment, or as provided in Section
8    115-10.1 of this Code or in a perjury proceeding.
9        (4) If the bail of any defendant is revoked pursuant
10    to paragraph (f) (3) of this Section, the defendant may
11    demand and shall be entitled to be brought to trial on the
12    offense with respect to which he was formerly released on
13    bail within 90 days after the date on which his bail was
14    revoked. If the defendant is not brought to trial within
15    the 90 day period required by the preceding sentence, he
16    shall not be held longer without bail. In computing the 90
17    day period, the court shall omit any period of delay
18    resulting from a continuance granted at the request of the
19    defendant.
20        (5) If the defendant either is arrested on a warrant
21    issued pursuant to this Code or is arrested for an
22    unrelated offense and it is subsequently discovered that
23    the defendant is a subject of another warrant or warrants
24    issued pursuant to this Code, the defendant shall be
25    transferred promptly to the court which issued such
26    warrant. If, however, the defendant appears initially

 

 

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1    before a court other than the court which issued such
2    warrant, the non-issuing court shall not alter the amount
3    of bail set on such warrant unless the court sets forth on
4    the record of proceedings the conclusions of law and facts
5    which are the basis for such altering of another court's
6    bond. The non-issuing court shall not alter another courts
7    bail set on a warrant unless the interests of justice and
8    public safety are served by such action.
9    (g) The State may appeal any order where the court has
10increased or reduced the amount of bail or altered the
11conditions of the bail bond or granted bail where it has
12previously been revoked.
13(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
14    (Text of Section after amendment by P.A. 101-652)
15    Sec. 110-6. Revocation of pretrial release, modification
16of conditions of pretrial release, and sanctions for
17violations of conditions of pretrial release.
18    (a) When a defendant has previously been granted pretrial
19release under this Section for a felony or Class A
20misdemeanor, that pretrial release may be revoked only if the
21defendant is charged with a felony or Class A misdemeanor that
22is alleged to have occurred during the defendant's pretrial
23release after a hearing on the court's own motion or upon the
24filing of a verified petition by the State.
25    When a defendant released pretrial is charged with a

 

 

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1violation of a protective order or was previously convicted of
2a violation of a protective order and the subject of the
3protective order is the same person as the victim in the
4current underlying matter, the State shall file a verified
5petition seeking revocation of pretrial release.
6    Upon the filing of a petition or upon motion of the court
7seeking revocation, the court shall order the transfer of the
8defendant and the petition or motion to the court before which
9the previous felony or Class A misdemeanor is pending. The
10defendant may be held in custody pending transfer to and a
11hearing before such court. The defendant shall be transferred
12to the court before which the previous matter is pending
13without unnecessary delay, and the revocation hearing shall
14occur within 72 hours of the filing of the State's petition or
15the court's motion for revocation.
16    A hearing at which pretrial release may be revoked must be
17conducted in person (and not by way of two-way audio-visual
18communication) unless the accused waives the right to be
19present physically in court, the court determines that the
20physical health and safety of any person necessary to the
21proceedings would be endangered by appearing in court, or the
22chief judge of the circuit orders use of that system due to
23operational challenges in conducting the hearing in person.
24Such operational challenges must be documented and approved by
25the chief judge of the circuit, and a plan to address the
26challenges through reasonable efforts must be presented and

 

 

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1approved by the Administrative Office of the Illinois Courts
2every 6 months.
3    The court before which the previous felony matter or Class
4A misdemeanor is pending may revoke the defendant's pretrial
5release after a hearing. During the hearing for revocation,
6the defendant shall be represented by counsel and have an
7opportunity to be heard regarding the violation and evidence
8in mitigation. The court shall consider all relevant
9circumstances, including, but not limited to, the nature and
10seriousness of the violation or criminal act alleged. The
11State shall bear the burden of proving, by clear and
12convincing evidence, that no condition or combination of
13conditions of release would reasonably ensure the appearance
14of the defendant for later hearings or prevent the defendant
15from being charged with a subsequent felony or Class A
16misdemeanor.
17When a defendant is granted pretrial release under this
18section, that pretrial release may be revoked only under the
19following conditions:
20        (1) if the defendant is charged with a detainable
21    felony as defined in 110-6.1, a defendant may be detained
22    after the State files a verified petition for such a
23    hearing, and gives the defendant notice as prescribed in
24    110-6.1; or
25        (2) in accordance with subsection (b) of this section.
26    (b) Revocation due to a new criminal charge: If an

 

 

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1individual, while on pretrial release for a Felony or Class A
2misdemeanor under this Section, is charged with a new felony
3or Class A misdemeanor under the Criminal Code of 2012, the
4court may, on its own motion or motion of the state, begin
5proceedings to revoke the individual's' pretrial release.
6        (1) When the defendant is charged with a felony or
7    class A misdemeanor offense and while free on pretrial
8    release bail is charged with a subsequent felony or class
9    A misdemeanor offense that is alleged to have occurred
10    during the defendant's pretrial release, the state may
11    file a verified petition for revocation of pretrial
12    release.
13        (2) When a defendant on pretrial release is charged
14    with a violation of an order of protection issued under
15    Section 112A-14 of this Code, or Section 214 of the
16    Illinois Domestic Violence Act of 1986 or previously was
17    convicted of a violation of an order of protection under
18    Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, and the subject of the order of
20    protection is the same person as the victim in the
21    underlying matter, the state shall file a verified
22    petition for revocation of pretrial release.
23        (3) Upon the filing of this petition, the court shall
24    order the transfer of the defendant and the application to
25    the court before which the previous felony matter is
26    pending. The defendant shall be held without bond pending

 

 

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1    transfer to and a hearing before such court. The defendant
2    shall be transferred to the court before which the
3    previous matter is pending without unnecessary delay. In
4    no event shall the time between the filing of the state's
5    petition for revocation and the defendant's appearance
6    before the court before which the previous matter is
7    pending exceed 72 hours.
8        (4) The court before which the previous felony matter
9    is pending may revoke the defendant's pretrial release
10    only if it finds, after considering all relevant
11    circumstances including, but not limited to, the nature
12    and seriousness of the violation or criminal act alleged,
13    by the court finds clear and convincing evidence that no
14    condition or combination of conditions of release would
15    reasonably assure the appearance of the defendant for
16    later hearings or prevent the defendant from being charged
17    with a subsequent felony or class A misdemeanor.
18    (5) In lieu of revocation, the court may release the
19defendant pre-trial, with or without modification of
20conditions of pretrial release.
21    (6) If the case that caused the revocation is dismissed,
22the defendant is found not guilty in the case causing the
23revocation, or the defendant completes a lawfully imposed
24sentence on the case causing the revocation, the court shall,
25without unnecessary delay, hold a hearing on conditions of
26pretrial release pursuant to Section section 110-5 and release

 

 

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1the defendant with or without modification of conditions of
2pretrial release.
3    (7) Both the State state and the defendant defense may
4appeal an order revoking pretrial release or denying a
5petition for revocation of release.
6    (b) If a defendant previously has been granted pretrial
7release under this Section for a Class B or Class C misdemeanor
8offense, a petty or business offense, or an ordinance
9violation and if the defendant is subsequently charged with a
10felony that is alleged to have occurred during the defendant's
11pretrial release or a Class A misdemeanor offense that is
12alleged to have occurred during the defendant's pretrial
13release, such pretrial release may not be revoked, but the
14court may impose sanctions under subsection (c).
15    (c) The court shall follow the procedures set forth in
16Section 110-3 to ensure the defendant's appearance in court if
17the defendant:
18        (1) fails to appear in court as required by the
19    defendant's conditions of release;
20        (2) is charged with a felony or Class A misdemeanor
21    offense that is alleged to have occurred during the
22    defendant's pretrial release after having been previously
23    granted pretrial release for a Class B or Class C
24    misdemeanor, a petty or business offense, or an ordinance
25    violation that is alleged to have occurred during the
26    defendant's pretrial release;

 

 

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1        (3) is charged with a Class B or C misdemeanor
2    offense, petty or business offense, or ordinance violation
3    that is alleged to have occurred during the defendant's
4    pretrial release; or
5        (4) violates any other condition of pretrial release
6    set by the court.
7    In response to a violation described in this subsection,
8the court may issue a warrant specifying that the defendant
9must appear before the court for a hearing for sanctions and
10may not be released by law enforcement before that appearance.
11    Violations other than re-arrest for a felony or class A
12    misdemeanor. If a defendant:
13        (1) fails to appear in court as required by their
14    conditions of release;
15        (2) is charged with a class B or C misdemeanor, petty
16    offense, traffic offense, or ordinance violation that is
17    alleged to have occurred during the defendant's pretrial
18    release; or
19        (3) violates any other condition of release set by the
20    court,
21the court shall follow the procedures set forth in Section
22110-3 to ensure the defendant's appearance in court to address
23the violation.
24    (d) When a defendant appears in court pursuant to a
25summons or warrant issued in accordance with Section 110-3 for
26a notice to show cause hearing, or after being arrested on a

 

 

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1warrant issued because of a failure to appear at a notice to
2show cause hearing, or after being arrested for an offense
3that is alleged to have occurred during the defendant's
4pretrial release other than a felony or class A misdemeanor,
5the State state may file a verified petition requesting a
6hearing for sanctions.
7    (e) During the hearing for sanctions, the defendant shall
8be represented by counsel and have an opportunity to be heard
9regarding the violation and evidence in mitigation. The State
10shall bear the burden of proving The court shall only impose
11sanctions if it finds by clear and convincing evidence that:
12        (1) the 1. The defendant committed an act that
13    violated a term of the defendant's their pretrial release;
14        (2) the 2. The defendant had actual knowledge that the
15    defendant's their action would violate a court order;
16        (3) the 3. The violation of the court order was
17    willful; and
18        (4) the 4. The violation was not caused by a lack of
19    access to financial monetary resources.
20    (f) Sanctions: sanctions for violations of pretrial
21release may include:
22        (1) a 1. A verbal or written admonishment from the
23    court;
24        (2) imprisonment 2. Imprisonment in the county jail
25    for a period not exceeding 30 days;
26        (3) (Blank) 3. A fine of not more than $200; or

 

 

10200HB1095sam001- 211 -LRB102 03109 RLC 41994 a

1