Rep. Ryan Spain

Filed: 4/5/2022

 

 


 

 


 
10200HB1568ham003LRB102 03599 LNS 38686 a

1
AMENDMENT TO HOUSE BILL 1568

2    AMENDMENT NO. ______. Amend House Bill 1568, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "(5 ILCS 845/Act rep.)
6    Section 1. The Statewide Use of Force Standardization Act
7is repealed.
 
8    (730 ILCS 205/Act rep.)
9    Section 5. The No Representation Without Population Act is
10repealed.
 
11    (730 ILCS 210/Act rep.)
12    Section 10. The Reporting of Deaths in Custody Act is
13repealed.
 
14    (20 ILCS 5165/Act rep.)

 

 

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1    Section 15. The Task Force on Constitutional Rights and
2Remedies Act is repealed.
 
3    (5 ILCS 70/1.43 rep.)
4    Section 20. The Statute on Statutes is amended by
5repealing Section 1.43.
 
6    Section 25. The Freedom of Information Act is amended by
7changing Section 2.15 as follows:
 
8    (5 ILCS 140/2.15)
9    Sec. 2.15. Arrest reports and criminal history records.
10    (a) Arrest reports. The following chronologically
11maintained arrest and criminal history information maintained
12by State or local criminal justice agencies shall be furnished
13as soon as practical, but in no event later than 72 hours after
14the arrest, notwithstanding the time limits otherwise provided
15for in Section 3 of this Act: (i) information that identifies
16the individual, including the name, age, address, and
17photograph, when and if available; (ii) information detailing
18any charges relating to the arrest; (iii) the time and
19location of the arrest; (iv) the name of the investigating or
20arresting law enforcement agency; (v) if the individual is
21incarcerated, the conditions of pretrial release amount of any
22bail or bond; and (vi) if the individual is incarcerated, the
23time and date that the individual was received into,

 

 

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

 

 

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1unless the booking photograph is posted to the social
2networking website to assist in the search for a missing
3person or to assist in the search for a fugitive, person of
4interest, or individual wanted in relation to a crime other
5than a petty offense, business offense, Class C misdemeanor,
6or Class B misdemeanor. As used in this subsection, "social
7networking website" has the meaning provided in Section 10 of
8the Right to Privacy in the Workplace Act.
9(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
10101-652.)
 
11    Section 30. The State Records Act is amended by changing
12Section 4a as follows:
 
13    (5 ILCS 160/4a)
14    Sec. 4a. Arrest records and reports.
15    (a) When an individual is arrested, the following
16information must be made available to the news media for
17inspection and copying:
18        (1) Information that identifies the individual,
19    including the name, age, address, and photograph, when and
20    if available.
21        (2) Information detailing any charges relating to the
22    arrest.
23        (3) The time and location of the arrest.
24        (4) The name of the investigating or arresting law

 

 

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

 

 

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1corporation engaged in making news reels or other motion
2picture news for public showing.
3    (d) Each law enforcement or correctional agency may charge
4fees for arrest records, but in no instance may the fee exceed
5the actual cost of copying and reproduction. The fees may not
6include the cost of the labor used to reproduce the arrest
7record.
8    (e) The provisions of this Section do not supersede the
9confidentiality provisions for arrest records of the Juvenile
10Court Act of 1987.
11    (f) All information, including photographs, made available
12under this Section is subject to the provisions of Section
132QQQ of the Consumer Fraud and Deceptive Business Practices
14Act.
15    (g) Notwithstanding the requirements of subsection (a), a
16law enforcement agency may not publish booking photographs,
17commonly known as "mugshots", on its social networking website
18in connection with civil offenses, petty offenses, business
19offenses, Class C misdemeanors, and Class B misdemeanors
20unless the booking photograph is posted to the social
21networking website to assist in the search for a missing
22person or to assist in the search for a fugitive, person of
23interest, or individual wanted in relation to a crime other
24than a petty offense, business offense, Class C misdemeanor,
25or Class B misdemeanor. As used in this subsection, "social
26networking website" has the meaning provided in Section 10 of

 

 

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1the Right to Privacy in the Workplace Act.
2(Source: P.A. 101-433, eff. 8-20-19; 101-652.)
 
3    Section 35. The Illinois Public Labor Relations Act is
4amended by changing Section 14 as follows:
 
5    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
6    Sec. 14. Security employee, peace officer and fire fighter
7disputes.
8    (a) In the case of collective bargaining agreements
9involving units of security employees of a public employer,
10Peace Officer Units, or units of fire fighters or paramedics,
11and in the case of disputes under Section 18, unless the
12parties mutually agree to some other time limit, mediation
13shall commence 30 days prior to the expiration date of such
14agreement or at such later time as the mediation services
15chosen under subsection (b) of Section 12 can be provided to
16the parties. In the case of negotiations for an initial
17collective bargaining agreement, mediation shall commence upon
1815 days notice from either party or at such later time as the
19mediation services chosen pursuant to subsection (b) of
20Section 12 can be provided to the parties. In mediation under
21this Section, if either party requests the use of mediation
22services from the Federal Mediation and Conciliation Service,
23the other party shall either join in such request or bear the
24additional cost of mediation services from another source. The

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    employment of other employees performing similar services
2    and with other employees generally:
3            (A) In public employment in comparable
4        communities.
5            (B) In private employment in comparable
6        communities.
7        (5) The average consumer prices for goods and
8    services, commonly known as the cost of living.
9        (6) The overall compensation presently received by the
10    employees, including direct wage compensation, vacations,
11    holidays and other excused time, insurance and pensions,
12    medical and hospitalization benefits, the continuity and
13    stability of employment and all other benefits received.
14        (7) Changes in any of the foregoing circumstances
15    during the pendency of the arbitration proceedings.
16        (8) Such other factors, not confined to the foregoing,
17    which are normally or traditionally taken into
18    consideration in the determination of wages, hours and
19    conditions of employment through voluntary collective
20    bargaining, mediation, fact-finding, arbitration or
21    otherwise between the parties, in the public service or in
22    private employment.
23    (i) In the case of peace officers, the arbitration
24decision shall be limited to wages, hours, and conditions of
25employment (which may include residency requirements in
26municipalities with a population under 100,000 1,000,000, but

 

 

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1those residency requirements shall not allow residency outside
2of Illinois) and shall not include the following: i) residency
3requirements in municipalities with a population of at least
4100,000 1,000,000; ii) the type of equipment, other than
5uniforms, issued or used; iii) manning; iv) the total number
6of employees employed by the department; v) mutual aid and
7assistance agreements to other units of government; and vi)
8the criterion pursuant to which force, including deadly force,
9can be used; provided, nothing herein shall preclude an
10arbitration decision regarding equipment or manning levels if
11such decision is based on a finding that the equipment or
12manning considerations in a specific work assignment involve a
13serious risk to the safety of a peace officer beyond that which
14is inherent in the normal performance of police duties.
15Limitation of the terms of the arbitration decision pursuant
16to this subsection shall not be construed to limit the factors
17upon which the decision may be based, as set forth in
18subsection (h).
19    In the case of fire fighter, and fire department or fire
20district paramedic matters, the arbitration decision shall be
21limited to wages, hours, and conditions of employment
22(including manning and also including residency requirements
23in municipalities with a population under 1,000,000, but those
24residency requirements shall not allow residency outside of
25Illinois) and shall not include the following matters: i)
26residency requirements in municipalities with a population of

 

 

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1at least 1,000,000; ii) the type of equipment (other than
2uniforms and fire fighter turnout gear) issued or used; iii)
3the total number of employees employed by the department; iv)
4mutual aid and assistance agreements to other units of
5government; and v) the criterion pursuant to which force,
6including deadly force, can be used; provided, however,
7nothing herein shall preclude an arbitration decision
8regarding equipment levels if such decision is based on a
9finding that the equipment considerations in a specific work
10assignment involve a serious risk to the safety of a fire
11fighter beyond that which is inherent in the normal
12performance of fire fighter duties. Limitation of the terms of
13the arbitration decision pursuant to this subsection shall not
14be construed to limit the facts upon which the decision may be
15based, as set forth in subsection (h).
16    The changes to this subsection (i) made by Public Act
1790-385 (relating to residency requirements) do not apply to
18persons who are employed by a combined department that
19performs both police and firefighting services; these persons
20shall be governed by the provisions of this subsection (i)
21relating to peace officers, as they existed before the
22amendment by Public Act 90-385.
23    To preserve historical bargaining rights, this subsection
24shall not apply to any provision of a fire fighter collective
25bargaining agreement in effect and applicable on the effective
26date of this Act; provided, however, nothing herein shall

 

 

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1preclude arbitration with respect to any such provision.
2    (j) Arbitration procedures shall be deemed to be initiated
3by the filing of a letter requesting mediation as required
4under subsection (a) of this Section. The commencement of a
5new municipal fiscal year after the initiation of arbitration
6procedures under this Act, but before the arbitration
7decision, or its enforcement, shall not be deemed to render a
8dispute moot, or to otherwise impair the jurisdiction or
9authority of the arbitration panel or its decision. Increases
10in rates of compensation awarded by the arbitration panel may
11be effective only at the start of the fiscal year next
12commencing after the date of the arbitration award. If a new
13fiscal year has commenced either since the initiation of
14arbitration procedures under this Act or since any mutually
15agreed extension of the statutorily required period of
16mediation under this Act by the parties to the labor dispute
17causing a delay in the initiation of arbitration, the
18foregoing limitations shall be inapplicable, and such awarded
19increases may be retroactive to the commencement of the fiscal
20year, any other statute or charter provisions to the contrary,
21notwithstanding. At any time the parties, by stipulation, may
22amend or modify an award of arbitration.
23    (k) Orders of the arbitration panel shall be reviewable,
24upon appropriate petition by either the public employer or the
25exclusive bargaining representative, by the circuit court for
26the county in which the dispute arose or in which a majority of

 

 

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

 

 

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

 

 

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1Section. The voting requirements of this subsection shall
2apply to all disputes submitted to arbitration pursuant to
3this Section notwithstanding any contrary voting requirements
4contained in any existing collective bargaining agreement
5between the parties.
6    (o) If the governing body of the employer votes to reject
7the panel's decision, the parties shall return to the panel
8within 30 days from the issuance of the reasons for rejection
9for further proceedings and issuance of a supplemental
10decision. All reasonable costs of such supplemental proceeding
11including the exclusive representative's reasonable attorney's
12fees, as established by the Board, shall be paid by the
13employer.
14    (p) Notwithstanding the provisions of this Section the
15employer and exclusive representative may agree to submit
16unresolved disputes concerning wages, hours, terms and
17conditions of employment to an alternative form of impasse
18resolution.
19(Source: P.A. 101-652, eff. 7-1-21.)
 
20    Section 40. The Community-Law Enforcement and Other First
21Responder Partnership for Deflection and Substance Use
22Disorder Treatment Act is amended by changing Sections 1, 5,
2310, 15, 20, 30, and 35 as follows:
 
24    (5 ILCS 820/1)

 

 

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1    Sec. 1. Short title. This Act may be cited as the
2Community-Law Enforcement and Other First Responder
3Partnership for Deflection and Substance Use Disorder
4Treatment Act.
5(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
 
6    (5 ILCS 820/5)
7    Sec. 5. Purposes. The General Assembly hereby acknowledges
8that opioid use disorders, overdoses, and deaths in Illinois
9are persistent and growing concerns for Illinois communities.
10These concerns compound existing challenges to adequately
11address and manage substance use and mental health disorders.
12Law enforcement officers, other first responders, and
13co-responders have a unique opportunity to facilitate
14connections to community-based behavioral health interventions
15that provide substance use treatment and can help save and
16restore lives; help reduce drug use, overdose incidence,
17criminal offending, and recidivism; and help prevent arrest
18and conviction records that destabilize health, families, and
19opportunities for community citizenship and self-sufficiency.
20These efforts are bolstered when pursued in partnership with
21licensed behavioral health treatment providers and community
22members or organizations. It is the intent of the General
23Assembly to authorize law enforcement and other first
24responders to develop and implement collaborative deflection
25programs in Illinois that offer immediate pathways to

 

 

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1substance use treatment and other services as an alternative
2to traditional case processing and involvement in the criminal
3justice system, and to unnecessary admission to emergency
4departments.
5(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
 
6    (5 ILCS 820/10)
7    Sec. 10. Definitions. In this Act:
8    "Case management" means those services which will assist
9persons in gaining access to needed social, educational,
10medical, substance use and mental health treatment, and other
11services.
12    "Community member or organization" means an individual
13volunteer, resident, public office, or a not-for-profit
14organization, religious institution, charitable organization,
15or other public body committed to the improvement of
16individual and family mental and physical well-being and the
17overall social welfare of the community, and may include
18persons with lived experience in recovery from substance use
19disorder, either themselves or as family members.
20    "Other first responder" means and includes emergency
21medical services providers that are public units of
22government, fire departments and districts, and officials and
23responders representing and employed by these entities.
24    "Deflection program" means a program in which a peace
25officer or member of a law enforcement agency or other first

 

 

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

 

 

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

 

 

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1    "Peace officer" means any peace officer or member of any
2duly organized State, county, or municipal peace officer unit,
3any police force of another State, or any police force whose
4members, by statute, are granted and authorized to exercise
5powers similar to those conferred upon any peace officer
6employed by a law enforcement agency of this State.
7    "Substance use disorder" means a pattern of use of alcohol
8or other drugs leading to clinical or functional impairment,
9in accordance with the definition in the Diagnostic and
10Statistical Manual of Mental Disorders (DSM-5), or in any
11subsequent editions.
12    "Treatment" means the broad range of emergency,
13outpatient, intensive outpatient, and residential services and
14care (including assessment, diagnosis, case management,
15medical, psychiatric, psychological and social services,
16medication-assisted treatment, care and counseling, and
17recovery support) which may be extended to persons who have
18substance use disorders, persons with mental illness, or
19families of those persons.
20(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
21revised 10-6-21.)
 
22    (5 ILCS 820/15)
23    Sec. 15. Authorization.
24    (a) Any law enforcement agency or other first responder
25entity may establish a deflection program subject to the

 

 

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

 

 

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1    organizations; and
2        (2) an agreement with the Illinois Criminal Justice
3    Information Authority to collect and evaluate relevant
4    statistical data related to the program, as established by
5    the Illinois Criminal Justice Information Authority in
6    paragraph (2) of subsection (a) of Section 25 of this Act.
7        (3) an agreement with participating licensed treatment
8    providers authorizing the release of statistical data to
9    the Illinois Criminal Justice Information Authority, in
10    compliance with State and Federal law, as established by
11    the Illinois Criminal Justice Information Authority in
12    paragraph (2) of subsection (a) of Section 25 of this Act.
13(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
14101-652.)
 
15    (5 ILCS 820/20)
16    Sec. 20. Procedure. The law enforcement agency or other
17first responder entity, licensed treatment providers, and
18community members or organizations shall establish a local
19deflection program plan that includes protocols and procedures
20for participant identification, screening or assessment,
21treatment facilitation, reporting, and ongoing involvement of
22the law enforcement agency. Licensed substance use disorder
23treatment organizations shall adhere to 42 CFR Part 2
24regarding confidentiality regulations for information exchange
25or release. Substance use disorder treatment services shall

 

 

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1adhere to all regulations specified in Department of Human
2Services Administrative Rules, Parts 2060 and 2090.
3(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
 
4    (5 ILCS 820/30)
5    Sec. 30. Exemption from civil liability. The law
6enforcement agency or peace officer or other first responder
7acting in good faith shall not, as the result of acts or
8omissions in providing services under Section 15 of this Act,
9be liable for civil damages, unless the acts or omissions
10constitute willful and wanton misconduct.
11(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
 
12    (5 ILCS 820/35)
13    Sec. 35. Funding.
14    (a) The General Assembly may appropriate funds to the
15Illinois Criminal Justice Information Authority for the
16purpose of funding law enforcement agencies or other first
17responder entities for services provided by deflection program
18partners as part of deflection programs subject to subsection
19(d) of Section 15 of this Act.
20    (a.1) Up to 10 percent of appropriated funds may be
21expended on activities related to knowledge dissemination,
22training, technical assistance, or other similar activities
23intended to increase practitioner and public awareness of
24deflection and/or to support its implementation. The Illinois

 

 

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

 

 

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1    access to various treatment modalities and support
2    services;
3        (3) peer recovery or recovery support services that
4    include the perspectives of persons with the experience of
5    recovering from a substance use disorder, either
6    themselves or as family members;
7        (4) transportation to a licensed treatment provider or
8    other program partner location;
9        (5) program evaluation activities.
10        (6) naloxone and related supplies necessary for
11    carrying out overdose reversal for purposes of
12    distribution to program participants or for use by law
13    enforcement or other first responders; and
14        (7) treatment necessary to prevent gaps in service
15    delivery between linkage and coverage by other funding
16    sources when otherwise non-reimbursable.
17    (c) Specific linkage agreements with recovery support
18services or self-help entities may be a requirement of the
19program services protocols. All deflection programs shall
20encourage the involvement of key family members and
21significant others as a part of a family-based approach to
22treatment. All deflection programs are encouraged to use
23evidence-based practices and outcome measures in the provision
24of substance use disorder treatment and medication-assisted
25treatment for persons with opioid use disorders.
26(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;

 

 

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1101-652.)
 
2    (5 ILCS 820/21 rep.)
3    Section 45. The Community-Law Enforcement Partnership for
4Deflection and Substance Use Disorder Treatment Act is amended
5by repealing Section 21.
 
6    (15 ILCS 205/10 rep.)
7    Section 50. The Attorney General Act is amended by
8repealing Section 10.
 
9    Section 55. The Department of State Police Law of the
10Civil Administrative Code of Illinois is amended by changing
11Section 2605-302 as follows:
 
12    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
13    Sec. 2605-302. Arrest reports.
14    (a) When an individual is arrested, the following
15information must be made available to the news media for
16inspection and copying:
17        (1) Information that identifies the individual,
18    including the name, age, address, and photograph, when and
19    if available.
20        (2) Information detailing any charges relating to the
21    arrest.
22        (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) If the individual is incarcerated, the conditions
4    of pretrial release amount of any bail or bond.
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. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
11incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02;
12101-652.)
 
13    Section 60. The State Police Act is amended by changing
14Section 14 as follows:
 
15    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
16    Sec. 14. Except as is otherwise provided in this Act, no
17Illinois State Police officer shall be removed, demoted, or
18suspended except for cause, upon written charges filed with
19the Board by the Director and a hearing before the Board
20thereon upon not less than 10 days' notice at a place to be
21designated by the chairman thereof. At such hearing, the
22accused shall be afforded full opportunity to be heard in his
23or her own defense and to produce proof in his or her defense.
24It shall not be a requirement of a person Anyone filing a

 

 

10200HB1568ham003- 33 -LRB102 03599 LNS 38686 a

1complaint against a State Police officer Officer to must have
2a the complaint supported by a sworn affidavit or any other
3legal documentation. This ban on an affidavit requirement
4shall apply to any collective bargaining agreements entered
5after the effective date of this provision. Any such
6complaint, having been supported by a sworn affidavit, and
7having been found, in total or in part, to contain false
8information, shall be presented to the appropriate State's
9Attorney for a determination of prosecution.
10    Before any such officer may be interrogated or examined by
11or before the Board, or by an Illinois State Police agent or
12investigator specifically assigned to conduct an internal
13investigation, the results of which hearing, interrogation, or
14examination may be the basis for filing charges seeking his or
15her suspension for more than 15 days or his or her removal or
16discharge, he or she shall be advised in writing as to what
17specific improper or illegal act he or she is alleged to have
18committed; he or she shall be advised in writing that his or
19her admissions made in the course of the hearing,
20interrogation, or examination may be used as the basis for
21charges seeking his or her suspension, removal, or discharge;
22and he or she shall be advised in writing that he or she has a
23right to counsel of his or her choosing, who may be present to
24advise him or her at any hearing, interrogation, or
25examination. A complete record of any hearing, interrogation,
26or examination shall be made, and a complete transcript or

 

 

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1electronic recording thereof shall be made available to such
2officer without charge and without delay.
3    The Board shall have the power to secure by its subpoena
4both the attendance and testimony of witnesses and the
5production of books and papers in support of the charges and
6for the defense. Each member of the Board or a designated
7hearing officer shall have the power to administer oaths or
8affirmations. If the charges against an accused are
9established by a preponderance of evidence, the Board shall
10make a finding of guilty and order either removal, demotion,
11suspension for a period of not more than 180 days, or such
12other disciplinary punishment as may be prescribed by the
13rules and regulations of the Board which, in the opinion of the
14members thereof, the offense merits. Thereupon the Director
15shall direct such removal or other punishment as ordered by
16the Board and if the accused refuses to abide by any such
17disciplinary order, the Director shall remove him or her
18forthwith.
19    If the accused is found not guilty or has served a period
20of suspension greater than prescribed by the Board, the Board
21shall order that the officer receive compensation for the
22period involved. The award of compensation shall include
23interest at the rate of 7% per annum.
24    The Board may include in its order appropriate sanctions
25based upon the Board's rules and regulations. If the Board
26finds that a party has made allegations or denials without

 

 

10200HB1568ham003- 35 -LRB102 03599 LNS 38686 a

1reasonable cause or has engaged in frivolous litigation for
2the purpose of delay or needless increase in the cost of
3litigation, it may order that party to pay the other party's
4reasonable expenses, including costs and reasonable attorney's
5fees. The State of Illinois and the Illinois State Police
6shall be subject to these sanctions in the same manner as other
7parties.
8    In case of the neglect or refusal of any person to obey a
9subpoena issued by the Board, any circuit court, upon
10application of any member of the Board, may order such person
11to appear before the Board and give testimony or produce
12evidence, and any failure to obey such order is punishable by
13the court as a contempt thereof.
14    The provisions of the Administrative Review Law, and all
15amendments and modifications thereof, and the rules adopted
16pursuant thereto, shall apply to and govern all proceedings
17for the judicial review of any order of the Board rendered
18pursuant to the provisions of this Section.
19    Notwithstanding the provisions of this Section, a policy
20making officer, as defined in the Employee Rights Violation
21Act, of the Illinois State Police shall be discharged from the
22Illinois State Police as provided in the Employee Rights
23Violation Act, enacted by the 85th General Assembly.
24(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
25revised 10-4-21.)
 

 

 

10200HB1568ham003- 36 -LRB102 03599 LNS 38686 a

1    (20 ILCS 2610/17c rep.)
2    Section 65. The State Police Act is amended by repealing
3Section 17c.
 
4    (20 ILCS 3930/7.7 rep.)
5    (20 ILCS 3930/7.8 rep.)
6    Section 70. The Illinois Criminal Justice Information Act
7is amended by repealing Sections 7.7 and 7.8.
 
8    (50 ILCS 105/4.1 rep.)
9    Section 75. The Public Officer Prohibited Activities Act
10is amended by repealing Section 4.1.
 
11    Section 80. The Local Records Act is amended by changing
12Section 3b as follows:
 
13    (50 ILCS 205/3b)
14    Sec. 3b. Arrest records and reports.
15    (a) When an individual is arrested, the following
16information must be made available to the news media for
17inspection and copying:
18        (1) Information that identifies the individual,
19    including the name, age, address, and photograph, when and
20    if available.
21        (2) Information detailing any charges relating to the
22    arrest.

 

 

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

 

 

10200HB1568ham003- 38 -LRB102 03599 LNS 38686 a

1station, 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    (f) All information, including photographs, made available
14under this Section is subject to the provisions of Section
152QQQ of the Consumer Fraud and Deceptive Business Practices
16Act.
17(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16;
18101-652.)
 
19    (50 ILCS 205/25 rep.)
20    Section 85. The Local Records Act is amended by repealing
21Section 25.
 
22    Section 90. The Illinois Police Training Act is amended by
23changing Sections 6, 6.2, 7, and 10.17 as follows:
 

 

 

10200HB1568ham003- 39 -LRB102 03599 LNS 38686 a

1    (50 ILCS 705/6)  (from Ch. 85, par. 506)
2    Sec. 6. Powers and duties of the Board; selection and
3certification of schools. The Board shall select and certify
4schools within the State of Illinois for the purpose of
5providing basic training for probationary law enforcement
6officers, probationary county corrections officers, and court
7security officers and of providing advanced or in-service
8training for permanent law enforcement officers or permanent
9county corrections officers, which schools may be either
10publicly or privately owned and operated. In addition, the
11Board has the following power and duties:
12        a. To require local governmental units, to furnish
13    such reports and information as the Board deems necessary
14    to fully implement this Act.
15        b. To establish appropriate mandatory minimum
16    standards relating to the training of probationary local
17    law enforcement officers or probationary county
18    corrections officers, and in-service training of permanent
19    law enforcement officers.
20        c. To provide appropriate certification to those
21    probationary officers who successfully complete the
22    prescribed minimum standard basic training course.
23        d. To review and approve annual training curriculum
24    for county sheriffs.
25        e. To review and approve applicants to ensure that no
26    applicant is admitted to a certified academy unless the

 

 

10200HB1568ham003- 40 -LRB102 03599 LNS 38686 a

1    applicant is a person of good character and has not been
2    convicted of, found guilty of, or entered a plea of guilty
3    to, or entered a plea of nolo contendere to a felony
4    offense, any of the misdemeanors in Sections 11-1.50,
5    11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
6    12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
7    28-3, 29-1, any misdemeanor in violation of any Section of
8    Part E of Title III of the Criminal Code of 1961 or the
9    Criminal Code of 2012, or subsection (a) of Section 17-32
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    or Section 5 or 5.2 of the Cannabis Control Act, or a crime
12    involving moral turpitude under the laws of this State or
13    any other state which if committed in this State would be
14    punishable as a felony or a crime of moral turpitude, or
15    any felony or misdemeanor in violation of federal law or
16    the law of any state that is the equivalent of any of the
17    offenses specified therein. The Board may appoint
18    investigators who shall enforce the duties conferred upon
19    the Board by this Act.
20        For purposes of this paragraph e, a person is
21    considered to have been convicted of, found guilty of, or
22    entered a plea of guilty to, plea of nolo contendere to
23    regardless of whether the adjudication of guilt or
24    sentence is withheld or not entered thereon. This includes
25    sentences of supervision, conditional discharge, or first
26    offender probation, or any similar disposition provided

 

 

10200HB1568ham003- 41 -LRB102 03599 LNS 38686 a

1    for by law.
2        f. To establish statewide standards for minimum
3    standards regarding regular mental health screenings for
4    probationary and permanent police officers, ensuring that
5    counseling sessions and screenings remain confidential.
6        f. For purposes of this paragraph (e), a person is
7    considered to have been "convicted of, found guilty of, or
8    entered a plea of guilty to, plea of nolo contendere to"
9    regardless of whether the adjudication of guilt or
10    sentence is withheld or not entered thereon. This includes
11    sentences of supervision, conditional discharge, or first
12    offender probation, or any similar disposition provided
13    for by law.
14        g. To review and ensure all law enforcement officers
15    remain in compliance with this Act, and any administrative
16    rules adopted under this Act.
17        h. To suspend any certificate for a definite period,
18    limit or restrict any certificate, or revoke any
19    certificate.
20        i. The Board and the Panel shall have power to secure
21    by its subpoena and bring before it any person or entity in
22    this State and to take testimony either orally or by
23    deposition or both with the same fees and mileage and in
24    the same manner as prescribed by law in judicial
25    proceedings in civil cases in circuit courts of this
26    State. The Board and the Panel shall also have the power to

 

 

10200HB1568ham003- 42 -LRB102 03599 LNS 38686 a

1    subpoena the production of documents, papers, files,
2    books, documents, and records, whether in physical or
3    electronic form, in support of the charges and for
4    defense, and in connection with a hearing or
5    investigation.
6        j. The Executive Director, the administrative law
7    judge designated by the Executive Director, and each
8    member of the Board and the Panel shall have the power to
9    administer oaths to witnesses at any hearing that the
10    Board is authorized to conduct under this Act and any
11    other oaths required or authorized to be administered by
12    the Board under this Act.
13        k. In case of the neglect or refusal of any person to
14    obey a subpoena issued by the Board and the Panel, any
15    circuit court, upon application of the Board and the
16    Panel, through the Illinois Attorney General, may order
17    such person to appear before the Board and the Panel give
18    testimony or produce evidence, and any failure to obey
19    such order is punishable by the court as a contempt
20    thereof. This order may be served by personal delivery, by
21    email, or by mail to the address of record or email address
22    of record.
23        l. The Board shall have the power to administer state
24    certification examinations. Any and all records related to
25    these examinations, including, but not limited to, test
26    questions, test formats, digital files, answer responses,

 

 

10200HB1568ham003- 43 -LRB102 03599 LNS 38686 a

1    answer keys, and scoring information shall be exempt from
2    disclosure.
3(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
4Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
525-40, eff. 1-1-22; revised 4-26-21.)
 
6    (50 ILCS 705/6.2)
7    Sec. 6.2. Officer professional conduct database.
8    (a) All law enforcement agencies shall notify the Board of
9any final determination of willful violation of department or
10agency policy, official misconduct, or violation of law when:
11        (1) the officer is discharged or dismissed as a result
12    of the violation; or
13        (2) the officer resigns during the course of an
14    investigation and after the officer has been served notice
15    that he or she is under investigation that is based on the
16    commission of any a Class 2 or greater felony or sex
17    offense.
18    The agency shall report to the Board within 30 days of a
19final decision of discharge or dismissal and final exhaustion
20of any appeal, or resignation, and shall provide information
21regarding the nature of the violation.
22    (b) Upon receiving notification from a law enforcement
23agency, the Board must notify the law enforcement officer of
24the report and his or her right to provide a statement
25regarding the reported violation.

 

 

10200HB1568ham003- 44 -LRB102 03599 LNS 38686 a

1    (c) The Board shall maintain a database readily available
2to any chief administrative officer, or his or her designee,
3of a law enforcement agency or any State's Attorney that shall
4show each reported instance, including the name of the
5officer, the nature of the violation, reason for the final
6decision of discharge or dismissal, and any statement provided
7by the officer.
8(Source: P.A. 99-352, eff. 1-1-16; 101-652.)
 
9    (50 ILCS 705/7)
10    (Text of Section before amendment by P.A. 102-345)
11    Sec. 7. Rules and standards for schools. The Board shall
12adopt rules and minimum standards for such schools which shall
13include, but not be limited to, the following:
14        a. The curriculum for probationary law enforcement
15    officers which shall be offered by all certified schools
16    shall include, but not be limited to, courses of
17    procedural justice, arrest and use and control tactics,
18    search and seizure, including temporary questioning, civil
19    rights, human rights, human relations, cultural
20    competency, including implicit bias and racial and ethnic
21    sensitivity, criminal law, law of criminal procedure,
22    constitutional and proper use of law enforcement
23    authority, crisis intervention training, vehicle and
24    traffic law including uniform and non-discriminatory
25    enforcement of the Illinois Vehicle Code, traffic control

 

 

10200HB1568ham003- 45 -LRB102 03599 LNS 38686 a

1    and accident investigation, techniques of obtaining
2    physical evidence, court testimonies, statements, reports,
3    firearms training, training in the use of electronic
4    control devices, including the psychological and
5    physiological effects of the use of those devices on
6    humans, first-aid (including cardiopulmonary
7    resuscitation), training in the administration of opioid
8    antagonists as defined in paragraph (1) of subsection (e)
9    of Section 5-23 of the Substance Use Disorder Act,
10    handling of juvenile offenders, recognition of mental
11    conditions and crises, including, but not limited to, the
12    disease of addiction, which require immediate assistance
13    and response and methods to safeguard and provide
14    assistance to a person in need of mental treatment,
15    recognition of abuse, neglect, financial exploitation, and
16    self-neglect of adults with disabilities and older adults,
17    as defined in Section 2 of the Adult Protective Services
18    Act, crimes against the elderly, law of evidence, the
19    hazards of high-speed police vehicle chases with an
20    emphasis on alternatives to the high-speed chase, and
21    physical training. The curriculum shall include specific
22    training in techniques for immediate response to and
23    investigation of cases of domestic violence and of sexual
24    assault of adults and children, including cultural
25    perceptions and common myths of sexual assault and sexual
26    abuse as well as interview techniques that are age

 

 

10200HB1568ham003- 46 -LRB102 03599 LNS 38686 a

1    sensitive and are trauma informed, victim centered, and
2    victim sensitive. The curriculum shall include training in
3    techniques designed to promote effective communication at
4    the initial contact with crime victims and ways to
5    comprehensively explain to victims and witnesses their
6    rights under the Rights of Crime Victims and Witnesses Act
7    and the Crime Victims Compensation Act. The curriculum
8    shall also include training in effective recognition of
9    and responses to stress, trauma, and post-traumatic stress
10    experienced by law enforcement officers that is consistent
11    with Section 25 of the Illinois Mental Health First Aid
12    Training Act in a peer setting, including recognizing
13    signs and symptoms of work-related cumulative stress,
14    issues that may lead to suicide, and solutions for
15    intervention with peer support resources. The curriculum
16    shall include a block of instruction addressing the
17    mandatory reporting requirements under the Abused and
18    Neglected Child Reporting Act. The curriculum shall also
19    include a block of instruction aimed at identifying and
20    interacting with persons with autism and other
21    developmental or physical disabilities, reducing barriers
22    to reporting crimes against persons with autism, and
23    addressing the unique challenges presented by cases
24    involving victims or witnesses with autism and other
25    developmental disabilities. The curriculum shall include
26    training in the detection and investigation of all forms

 

 

10200HB1568ham003- 47 -LRB102 03599 LNS 38686 a

1    of human trafficking. The curriculum shall also include
2    instruction in trauma-informed responses designed to
3    ensure the physical safety and well-being of a child of an
4    arrested parent or immediate family member; this
5    instruction must include, but is not limited to: (1)
6    understanding the trauma experienced by the child while
7    maintaining the integrity of the arrest and safety of
8    officers, suspects, and other involved individuals; (2)
9    de-escalation tactics that would include the use of force
10    when reasonably necessary; and (3) inquiring whether a
11    child will require supervision and care. The curriculum
12    for probationary law enforcement officers shall include:
13    (1) at least 12 hours of hands-on, scenario-based
14    role-playing; (2) at least 6 hours of instruction on use
15    of force techniques, including the use of de-escalation
16    techniques to prevent or reduce the need for force
17    whenever safe and feasible; (3) specific training on
18    officer safety techniques, including cover, concealment,
19    and time; and (4) at least 6 hours of training focused on
20    high-risk traffic stops. The curriculum for permanent law
21    enforcement officers shall include, but not be limited to:
22    (1) refresher and in-service training in any of the
23    courses listed above in this subparagraph, (2) advanced
24    courses in any of the subjects listed above in this
25    subparagraph, (3) training for supervisory personnel, and
26    (4) specialized training in subjects and fields to be

 

 

10200HB1568ham003- 48 -LRB102 03599 LNS 38686 a

1    selected by the board. The training in the use of
2    electronic control devices shall be conducted for
3    probationary law enforcement officers, including
4    University police officers.
5        b. Minimum courses of study, attendance requirements
6    and equipment requirements.
7        c. Minimum requirements for instructors.
8        d. Minimum basic training requirements, which a
9    probationary law enforcement officer must satisfactorily
10    complete before being eligible for permanent employment as
11    a local law enforcement officer for a participating local
12    governmental or State governmental agency. Those
13    requirements shall include training in first aid
14    (including cardiopulmonary resuscitation).
15        e. Minimum basic training requirements, which a
16    probationary county corrections officer must
17    satisfactorily complete before being eligible for
18    permanent employment as a county corrections officer for a
19    participating local governmental agency.
20        f. Minimum basic training requirements which a
21    probationary court security officer must satisfactorily
22    complete before being eligible for permanent employment as
23    a court security officer for a participating local
24    governmental agency. The Board shall establish those
25    training requirements which it considers appropriate for
26    court security officers and shall certify schools to

 

 

10200HB1568ham003- 49 -LRB102 03599 LNS 38686 a

1    conduct that training.
2        A person hired to serve as a court security officer
3    must obtain from the Board a certificate (i) attesting to
4    the officer's successful completion of the training
5    course; (ii) attesting to the officer's satisfactory
6    completion of a training program of similar content and
7    number of hours that has been found acceptable by the
8    Board under the provisions of this Act; or (iii) attesting
9    to the Board's determination that the training course is
10    unnecessary because of the person's extensive prior law
11    enforcement experience.
12        Individuals who currently serve as court security
13    officers shall be deemed qualified to continue to serve in
14    that capacity so long as they are certified as provided by
15    this Act within 24 months of June 1, 1997 (the effective
16    date of Public Act 89-685). Failure to be so certified,
17    absent a waiver from the Board, shall cause the officer to
18    forfeit his or her position.
19        All individuals hired as court security officers on or
20    after June 1, 1997 (the effective date of Public Act
21    89-685) shall be certified within 12 months of the date of
22    their hire, unless a waiver has been obtained by the
23    Board, or they shall forfeit their positions.
24        The Sheriff's Merit Commission, if one exists, or the
25    Sheriff's Office if there is no Sheriff's Merit
26    Commission, shall maintain a list of all individuals who

 

 

10200HB1568ham003- 50 -LRB102 03599 LNS 38686 a

1    have filed applications to become court security officers
2    and who meet the eligibility requirements established
3    under this Act. Either the Sheriff's Merit Commission, or
4    the Sheriff's Office if no Sheriff's Merit Commission
5    exists, shall establish a schedule of reasonable intervals
6    for verification of the applicants' qualifications under
7    this Act and as established by the Board.
8        g. Minimum in-service training requirements, which a
9    law enforcement officer must satisfactorily complete every
10    3 years. Those requirements shall include constitutional
11    and proper use of law enforcement authority, procedural
12    justice, civil rights, human rights, mental health
13    awareness and response, officer wellness, reporting child
14    abuse and neglect, and cultural competency, including
15    implicit bias and racial and ethnic sensitivity. These
16    trainings shall consist of at least 30 hours of training
17    every 3 years.
18        h. Minimum in-service training requirements, which a
19    law enforcement officer must satisfactorily complete at
20    least annually. Those requirements shall include law
21    updates, emergency medical response training and
22    certification, crisis intervention training, and officer
23    wellness and mental health and use of force training which
24    shall include scenario based training, or similar training
25    approved by the Board.
26        i. Minimum in-service training requirements as set

 

 

10200HB1568ham003- 51 -LRB102 03599 LNS 38686 a

1    forth in Section 10.6.
2    The amendatory changes to this Section made by Public Act
3101-652 shall take effect January 1, 2022.
4(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
5101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
68-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
710-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
81-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised
910-5-21.)
 
10    (Text of Section after amendment by P.A. 102-345)
11    Sec. 7. Rules and standards for schools. The Board shall
12adopt rules and minimum standards for such schools which shall
13include, but not be limited to, the following:
14        a. The curriculum for probationary law enforcement
15    officers which shall be offered by all certified schools
16    shall include, but not be limited to, courses of
17    procedural justice, arrest and use and control tactics,
18    search and seizure, including temporary questioning, civil
19    rights, human rights, human relations, cultural
20    competency, including implicit bias and racial and ethnic
21    sensitivity, criminal law, law of criminal procedure,
22    constitutional and proper use of law enforcement
23    authority, crisis intervention training, vehicle and
24    traffic law including uniform and non-discriminatory
25    enforcement of the Illinois Vehicle Code, traffic control

 

 

10200HB1568ham003- 52 -LRB102 03599 LNS 38686 a

1    and accident investigation, techniques of obtaining
2    physical evidence, court testimonies, statements, reports,
3    firearms training, training in the use of electronic
4    control devices, including the psychological and
5    physiological effects of the use of those devices on
6    humans, first-aid (including cardiopulmonary
7    resuscitation), training in the administration of opioid
8    antagonists as defined in paragraph (1) of subsection (e)
9    of Section 5-23 of the Substance Use Disorder Act,
10    handling of juvenile offenders, recognition of mental
11    conditions and crises, including, but not limited to, the
12    disease of addiction, which require immediate assistance
13    and response and methods to safeguard and provide
14    assistance to a person in need of mental treatment,
15    recognition of abuse, neglect, financial exploitation, and
16    self-neglect of adults with disabilities and older adults,
17    as defined in Section 2 of the Adult Protective Services
18    Act, crimes against the elderly, law of evidence, the
19    hazards of high-speed police vehicle chases with an
20    emphasis on alternatives to the high-speed chase, and
21    physical training. The curriculum shall include specific
22    training in techniques for immediate response to and
23    investigation of cases of domestic violence and of sexual
24    assault of adults and children, including cultural
25    perceptions and common myths of sexual assault and sexual
26    abuse as well as interview techniques that are age

 

 

10200HB1568ham003- 53 -LRB102 03599 LNS 38686 a

1    sensitive and are trauma informed, victim centered, and
2    victim sensitive. The curriculum shall include training in
3    techniques designed to promote effective communication at
4    the initial contact with crime victims and ways to
5    comprehensively explain to victims and witnesses their
6    rights under the Rights of Crime Victims and Witnesses Act
7    and the Crime Victims Compensation Act. The curriculum
8    shall also include training in effective recognition of
9    and responses to stress, trauma, and post-traumatic stress
10    experienced by law enforcement officers that is consistent
11    with Section 25 of the Illinois Mental Health First Aid
12    Training Act in a peer setting, including recognizing
13    signs and symptoms of work-related cumulative stress,
14    issues that may lead to suicide, and solutions for
15    intervention with peer support resources. The curriculum
16    shall include a block of instruction addressing the
17    mandatory reporting requirements under the Abused and
18    Neglected Child Reporting Act. The curriculum shall also
19    include a block of instruction aimed at identifying and
20    interacting with persons with autism and other
21    developmental or physical disabilities, reducing barriers
22    to reporting crimes against persons with autism, and
23    addressing the unique challenges presented by cases
24    involving victims or witnesses with autism and other
25    developmental disabilities. The curriculum shall include
26    training in the detection and investigation of all forms

 

 

10200HB1568ham003- 54 -LRB102 03599 LNS 38686 a

1    of human trafficking. The curriculum shall also include
2    instruction in trauma-informed responses designed to
3    ensure the physical safety and well-being of a child of an
4    arrested parent or immediate family member; this
5    instruction must include, but is not limited to: (1)
6    understanding the trauma experienced by the child while
7    maintaining the integrity of the arrest and safety of
8    officers, suspects, and other involved individuals; (2)
9    de-escalation tactics that would include the use of force
10    when reasonably necessary; and (3) inquiring whether a
11    child will require supervision and care. The curriculum
12    for probationary law enforcement officers shall include:
13    (1) at least 12 hours of hands-on, scenario-based
14    role-playing; (2) at least 6 hours of instruction on use
15    of force techniques, including the use of de-escalation
16    techniques to prevent or reduce the need for force
17    whenever safe and feasible; (3) specific training on
18    officer safety techniques, including cover, concealment,
19    and time; and (4) at least 6 hours of training focused on
20    high-risk traffic stops. The curriculum for permanent law
21    enforcement officers shall include, but not be limited to:
22    (1) refresher and in-service training in any of the
23    courses listed above in this subparagraph, (2) advanced
24    courses in any of the subjects listed above in this
25    subparagraph, (3) training for supervisory personnel, and
26    (4) specialized training in subjects and fields to be

 

 

10200HB1568ham003- 55 -LRB102 03599 LNS 38686 a

1    selected by the board. The training in the use of
2    electronic control devices shall be conducted for
3    probationary law enforcement officers, including
4    University police officers. The curriculum shall also
5    include training on the use of a firearms restraining
6    order by providing instruction on the process used to file
7    a firearms restraining order and how to identify
8    situations in which a firearms restraining order is
9    appropriate.
10        b. Minimum courses of study, attendance requirements
11    and equipment requirements.
12        c. Minimum requirements for instructors.
13        d. Minimum basic training requirements, which a
14    probationary law enforcement officer must satisfactorily
15    complete before being eligible for permanent employment as
16    a local law enforcement officer for a participating local
17    governmental or State governmental agency. Those
18    requirements shall include training in first aid
19    (including cardiopulmonary resuscitation).
20        e. Minimum basic training requirements, which a
21    probationary county corrections officer must
22    satisfactorily complete before being eligible for
23    permanent employment as a county corrections officer for a
24    participating local governmental agency.
25        f. Minimum basic training requirements which a
26    probationary court security officer must satisfactorily

 

 

10200HB1568ham003- 56 -LRB102 03599 LNS 38686 a

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

 

 

10200HB1568ham003- 57 -LRB102 03599 LNS 38686 a

1    their hire, unless a waiver has been obtained by the
2    Board, or they shall forfeit their positions.
3        The Sheriff's Merit Commission, if one exists, or the
4    Sheriff's Office if there is no Sheriff's Merit
5    Commission, shall maintain a list of all individuals who
6    have filed applications to become court security officers
7    and who meet the eligibility requirements established
8    under this Act. Either the Sheriff's Merit Commission, or
9    the Sheriff's Office if no Sheriff's Merit Commission
10    exists, shall establish a schedule of reasonable intervals
11    for verification of the applicants' qualifications under
12    this Act and as established by the Board.
13        g. Minimum in-service training requirements, which a
14    law enforcement officer must satisfactorily complete every
15    3 years. Those requirements shall include constitutional
16    and proper use of law enforcement authority, procedural
17    justice, civil rights, human rights, mental health
18    awareness and response, officer wellness, reporting child
19    abuse and neglect, and cultural competency, including
20    implicit bias and racial and ethnic sensitivity. These
21    trainings shall consist of at least 30 hours of training
22    every 3 years.
23        h. Minimum in-service training requirements, which a
24    law enforcement officer must satisfactorily complete at
25    least annually. Those requirements shall include law
26    updates, emergency medical response training and

 

 

10200HB1568ham003- 58 -LRB102 03599 LNS 38686 a

1    certification, crisis intervention training, and officer
2    wellness and mental health and use of force training which
3    shall include scenario based training, or similar training
4    approved by the Board.
5        i. Minimum in-service training requirements as set
6    forth in Section 10.6.
7    The amendatory changes to this Section made by Public Act
8101-652 shall take effect January 1, 2022.
9(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
10101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
118-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1210-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
131-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
14eff. 8-20-21; revised 10-5-21.)
 
15    (50 ILCS 705/10.17)
16    Sec. 10.17. Crisis intervention team training; mental
17health awareness training.
18    (a) The Illinois Law Enforcement Training Standards Board
19shall develop and approve a standard curriculum for certified
20training programs in crisis intervention of at least 40 hours
21addressing specialized policing responses to people with
22mental illnesses. The Board shall conduct Crisis Intervention
23Team (CIT) training programs that train officers to identify
24signs and symptoms of mental illness, to de-escalate
25situations involving individuals who appear to have a mental

 

 

10200HB1568ham003- 59 -LRB102 03599 LNS 38686 a

1illness, and connect that person in crisis to treatment.
2Crisis Intervention Team (CIT) training programs shall be a
3collaboration between law enforcement professionals, mental
4health providers, families, and consumer advocates and must
5minimally include the following components: (1) basic
6information about mental illnesses and how to recognize them;
7(2) information about mental health laws and resources; (3)
8learning from family members of individuals with mental
9illness and their experiences; and (4) verbal de-escalation
10training and role-plays. Officers who have successfully
11completed this program shall be issued a certificate attesting
12to their attendance of a Crisis Intervention Team (CIT)
13training program.
14    (b) The Board shall create an introductory course
15incorporating adult learning models that provides law
16enforcement officers with an awareness of mental health issues
17including a history of the mental health system, types of
18mental health illness including signs and symptoms of mental
19illness and common treatments and medications, and the
20potential interactions law enforcement officers may have on a
21regular basis with these individuals, their families, and
22service providers including de-escalating a potential crisis
23situation. This course, in addition to other traditional
24learning settings, may be made available in an electronic
25format.
26(Source: P.A. 100-247, eff. 1-1-18; 101-652, eff. 7-1-21.)
 

 

 

10200HB1568ham003- 60 -LRB102 03599 LNS 38686 a

1    (50 ILCS 705/10.6 rep.)
2    Section 95. The Illinois Police Training Act is amended by
3repealing Section 10.6.
 
4    Section 100. The Law Enforcement Officer-Worn Body Camera
5Act is amended by changing Sections 10-15, 10-20, and 10-25 as
6follows:
 
7    (50 ILCS 706/10-15)
8    Sec. 10-15. Applicability.
9    (a) All Any law enforcement agencies must employ the use
10of agency which employs the use of officer-worn body cameras
11in accordance with is subject to the provisions of this Act,
12whether or not the agency receives or has received monies from
13the Law Enforcement Camera Grant Fund.
14    (b) All law enforcement agencies must implement the use of
15body cameras for all law enforcement officers, according to
16the following schedule:
17        (1) for municipalities and counties with populations
18    of 500,000 or more, body cameras shall be implemented by
19    January 1, 2022;
20        (2) for municipalities and counties with populations
21    of 100,000 or more but under 500,000, body cameras shall
22    be implemented by January 1, 2023;
23        (3) for municipalities and counties with populations

 

 

10200HB1568ham003- 61 -LRB102 03599 LNS 38686 a

1    of 50,000 or more but under 100,000, body cameras shall be
2    implemented by January 1, 2024;
3        (4) for municipalities and counties under 50,000, body
4    cameras shall be implemented by January 1, 2025; and
5        (5) for the Department of State Police, body cameras
6    shall be implemented by January 1, 2025.
7    (c) A law enforcement agency's compliance with the
8requirements under this Section shall receive preference by
9the Illinois Law Enforcement Training Standards Board in
10awarding grant funding under the Law Enforcement Camera Grant
11Act.
12(Source: P.A. 101-652, eff. 7-1-21.)
 
13    (50 ILCS 706/10-20)
14    Sec. 10-20. Requirements.
15    (a) The Board shall develop basic guidelines for the use
16of officer-worn body cameras by law enforcement agencies. The
17guidelines developed by the Board shall be the basis for the
18written policy which must be adopted by each law enforcement
19agency which employs the use of officer-worn body cameras. The
20written policy adopted by the law enforcement agency must
21include, at a minimum, all of the following:
22        (1) Cameras must be equipped with pre-event recording,
23    capable of recording at least the 30 seconds prior to
24    camera activation, unless the officer-worn body camera was
25    purchased and acquired by the law enforcement agency prior

 

 

10200HB1568ham003- 62 -LRB102 03599 LNS 38686 a

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

 

 

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1            (B) a witness of a crime or a community member who
2        wishes to report a crime requests that the camera be
3        turned off, and unless impractical or impossible that
4        request is made on the recording;
5            (C) the officer is interacting with a confidential
6        informant used by the law enforcement agency; or
7            (D) an officer of the Department of Revenue enters
8        a Department of Revenue facility or conducts an
9        interview during which return information will be
10        discussed or visible.
11        However, an officer may continue to record or resume
12    recording a victim or a witness, if exigent circumstances
13    exist, or if the officer has reasonable articulable
14    suspicion that a victim or witness, or confidential
15    informant has committed or is in the process of committing
16    a crime. Under these circumstances, and unless impractical
17    or impossible, the officer must indicate on the recording
18    the reason for continuing to record despite the request of
19    the victim or witness.
20        (4.5) Cameras may be turned off when the officer is
21    engaged in community caretaking functions. However, the
22    camera must be turned on when the officer has reason to
23    believe that the person on whose behalf the officer is
24    performing a community caretaking function has committed
25    or is in the process of committing a crime. If exigent
26    circumstances exist which prevent the camera from being

 

 

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1    turned on, the camera must be turned on as soon as
2    practicable.
3        (5) The officer must provide notice of recording to
4    any person if the person has a reasonable expectation of
5    privacy and proof of notice must be evident in the
6    recording. If exigent circumstances exist which prevent
7    the officer from providing notice, notice must be provided
8    as soon as practicable.
9        (6) (A) For the purposes of redaction, labeling, or
10    duplicating recordings, access to camera recordings shall
11    be restricted to only those personnel responsible for
12    those purposes. The recording officer or his or her
13    supervisor may not redact, label, duplicate or otherwise
14    alter the recording officer's camera recordings. Except as
15    otherwise provided in this Section, the recording officer
16    and his or her supervisor may access and review recordings
17    prior to completing incident reports or other
18    documentation, provided that the officer or his or her
19    supervisor discloses that fact in the report or
20    documentation.
21            (i) A law enforcement officer shall not have
22        access to or review his or her body-worn camera
23        recordings or the body-worn camera recordings of
24        another officer prior to completing incident reports
25        or other documentation when the officer:
26                (a) has been involved in or is a witness to an

 

 

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1            officer-involved shooting, use of deadly force
2            incident, or use of force incidents resulting in
3            great bodily harm;
4                (b) is ordered to write a report in response
5            to or during the investigation of a misconduct
6            complaint against the officer.
7            (ii) If the officer subject to subparagraph (i)
8        prepares a report, any report shall be prepared
9        without viewing body-worn camera recordings, and
10        subject to supervisor's approval, officers may file
11        amendatory reports after viewing body-worn camera
12        recordings. Supplemental reports under this provision
13        shall also contain documentation regarding access to
14        the video footage.
15            (B) The recording officer's assigned field
16        training officer may access and review recordings for
17        training purposes. Any detective or investigator
18        directly involved in the investigation of a matter may
19        access and review recordings which pertain to that
20        investigation but may not have access to delete or
21        alter such recordings.
22        (7) Recordings made on officer-worn cameras must be
23    retained by the law enforcement agency or by the camera
24    vendor used by the agency, on a recording medium for a
25    period of 90 days.
26            (A) Under no circumstances shall any recording,

 

 

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1        except for a non-law enforcement related activity or
2        encounter, made with an officer-worn body camera be
3        altered, erased, or destroyed prior to the expiration
4        of the 90-day storage period. In the event any
5        recording made with an officer-worn body camera is
6        altered, erased, or destroyed prior to the expiration
7        of the 90-day storage period, the law enforcement
8        agency shall maintain, for a period of one year, a
9        written record including (i) the name of the
10        individual who made such alteration, erasure, or
11        destruction, and (ii) the reason for any such
12        alteration, erasure, or destruction.
13            (B) Following the 90-day storage period, any and
14        all recordings made with an officer-worn body camera
15        must be destroyed, unless any encounter captured on
16        the recording has been flagged. An encounter is deemed
17        to be flagged when:
18                (i) a formal or informal complaint has been
19            filed;
20                (ii) the officer discharged his or her firearm
21            or used force during the encounter;
22                (iii) death or great bodily harm occurred to
23            any person in the recording;
24                (iv) the encounter resulted in a detention or
25            an arrest, excluding traffic stops which resulted
26            in only a minor traffic offense or business

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1from disclosure under the Freedom of Information Act.
2    (c) Nothing in this Section shall limit access to a camera
3recording for the purposes of complying with Supreme Court
4rules or the rules of evidence.
5(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
6revised 7-30-21.)
 
7    (50 ILCS 706/10-25)
8    Sec. 10-25. Reporting.
9    (a) Each law enforcement agency which employs the use of
10officer-worn body cameras must provide an annual report on the
11use of officer-worn body cameras to the Board, on or before May
121 of the year. The report shall include:
13        (1) a brief overview of the makeup of the agency,
14    including the number of officers utilizing officer-worn
15    body cameras;
16        (2) the number of officer-worn body cameras utilized
17    by the law enforcement agency;
18        (3) any technical issues with the equipment and how
19    those issues were remedied;
20        (4) a brief description of the review process used by
21    supervisors within the law enforcement agency;
22        (5) for each recording used in prosecutions of
23    conservation, criminal, or traffic offenses or municipal
24    ordinance violations:
25            (A) the time, date, location, and precinct of the

 

 

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1        incident;
2            (B) the offense charged and the date charges were
3        filed; and
4        (6) any other information relevant to the
5    administration of the program.
6    (b) On or before July 30 of each year, the Board must
7analyze the law enforcement agency reports and provide an
8annual report to the General Assembly and the Governor.
9(Source: P.A. 99-352, eff. 1-1-16; 101-652.)
 
10    Section 105. The Uniform Crime Reporting Act is amended by
11changing Sections 5-10, 5-12, and 5-20 as follows:
 
12    (50 ILCS 709/5-10)
13    Sec. 5-10. Central repository of crime statistics. The
14Illinois State Police shall be a central repository and
15custodian of crime statistics for the State and shall have all
16the power necessary to carry out the purposes of this Act,
17including the power to demand and receive cooperation in the
18submission of crime statistics from all law enforcement
19agencies. All data and information provided to the Illinois
20State Police under this Act must be provided in a manner and
21form prescribed by the Illinois State Police. On an annual
22basis, the Illinois State Police shall make available
23compilations of crime statistics and monthly reporting
24required to be reported by each law enforcement agency.

 

 

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1(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
2revised 10-15-21.)
 
3    (50 ILCS 709/5-12)
4    Sec. 5-12. Monthly reporting. All law enforcement agencies
5shall submit to the Illinois State Police on a monthly basis
6the following:
7        (1) beginning January 1, 2016, a report on any
8    arrest-related death that shall include information
9    regarding the deceased, the officer, any weapon used by
10    the officer or the deceased, and the circumstances of the
11    incident. The Illinois State Police shall submit on a
12    quarterly basis all information collected under this
13    paragraph (1) to the Illinois Criminal Justice Information
14    Authority, contingent upon updated federal guidelines
15    regarding the Uniform Crime Reporting Program;
16        (2) beginning January 1, 2017, a report on any
17    instance when a law enforcement officer discharges his or
18    her firearm causing a non-fatal injury to a person, during
19    the performance of his or her official duties or in the
20    line of duty;
21        (3) a report of incident-based information on hate
22    crimes including information describing the offense,
23    location of the offense, type of victim, offender, and
24    bias motivation. If no hate crime incidents occurred
25    during a reporting month, the law enforcement agency must

 

 

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1    submit a no incident record, as required by the Illinois
2    State Police;
3        (4) a report on any incident of an alleged commission
4    of a domestic crime, that shall include information
5    regarding the victim, offender, date and time of the
6    incident, any injury inflicted, any weapons involved in
7    the commission of the offense, and the relationship
8    between the victim and the offender;
9        (5) data on an index of offenses selected by the
10    Illinois State Police based on the seriousness of the
11    offense, frequency of occurrence of the offense, and
12    likelihood of being reported to law enforcement. The data
13    shall include the number of index crime offenses committed
14    and number of associated arrests; and
15        (6) data on offenses and incidents reported by schools
16    to local law enforcement. The data shall include offenses
17    defined as an attack against school personnel,
18    intimidation offenses, drug incidents, and incidents
19    involving weapons; .
20        (7) beginning on July 1, 2021, a report on incidents
21    where a law enforcement officer was dispatched to deal
22    with a person experiencing a mental health crisis or
23    incident. The report shall include the number of
24    incidents, the level of law enforcement response and the
25    outcome of each incident. For purposes of this Section, a
26    "mental health crisis" is when a person's behavior puts

 

 

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1    them at risk of hurting themselves or others or prevents
2    them from being able to care for themselves;
3        (8) beginning on July 1, 2021, a report on use of
4    force, including any action that resulted in the death or
5    serious bodily injury of a person or the discharge of a
6    firearm at or in the direction of a person. The report
7    shall include information required by the Department,
8    pursuant to Section 5-11 of this Act.
9(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
10102-538, eff. 8-20-21; revised 10-15-21.)
 
11    (50 ILCS 709/5-20)
12    Sec. 5-20. Reporting compliance. The Illinois State Police
13shall annually report to the Illinois Law Enforcement Training
14Standards Board and the Department of Revenue any law
15enforcement agency not in compliance with the reporting
16requirements under this Act. A law enforcement agency's
17compliance with the reporting requirements under this Act
18shall be a factor considered by the Illinois Law Enforcement
19Training Standards Board in awarding grant funding under the
20Law Enforcement Camera Grant Act, with preference to law
21enforcement agencies which are in compliance with reporting
22requirements under this Act.
23(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
24revised 10-15-21.)
 

 

 

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1    (50 ILCS 709/5-11 rep.)
2    Section 110. The Uniform Crime Reporting Act is amended by
3repealing Section 5-11.
 
4    Section 115. The Uniform Peace Officers' Disciplinary Act
5is amended by changing Sections 3.2, 3.4, and 3.8 as follows:
 
6    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
7    Sec. 3.2. No officer shall be subjected to interrogation
8without first being informed in writing of the nature of the
9investigation. If an administrative proceeding is instituted,
10the officer shall be informed beforehand of the names of all
11complainants. The information shall be sufficient as to
12reasonably apprise the officer of the nature of the
13investigation.
14(Source: P.A. 83-981; 101-652.)
 
15    (50 ILCS 725/3.4)  (from Ch. 85, par. 2557)
16    Sec. 3.4. The officer under investigation shall be
17informed in writing of the name, rank and unit or command of
18the officer in charge of the investigation, the interrogators,
19and all persons who will be present on the behalf of the
20employer during any interrogation except at a public
21administrative proceeding. The officer under investigation
22shall inform the employer of any person who will be present on
23his or her behalf during any interrogation except at a public

 

 

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1administrative hearing.
2(Source: P.A. 94-344, eff. 1-1-06; 101-652.)
 
3    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
4    Sec. 3.8. Admissions; counsel; verified complaint.
5    (a) No officer shall be interrogated without first being
6advised in writing that admissions made in the course of the
7interrogation may be used as evidence of misconduct or as the
8basis for charges seeking suspension, removal, or discharge;
9and without first being advised in writing that he or she has
10the right to counsel of his or her choosing who may be present
11to advise him or her at any stage of any interrogation.
12    (b) It shall not be a requirement for a person Anyone
13filing a complaint against a sworn peace officer to must have
14the complaint supported by a sworn affidavit or any other
15legal documentation. This ban on an affidavit requirement
16shall apply to any collective bargaining agreements entered
17after the effective date of this provision. Any complaint,
18having been supported by a sworn affidavit, and having been
19found, in total or in part, to contain knowingly false
20material information, shall be presented to the appropriate
21State's Attorney for a determination of prosecution.
22(Source: P.A. 97-472, eff. 8-22-11; 101-652.)
 
23    Section 120. The Uniform Peace Officers' Disciplinary Act
24is amended by reenacting Section 6 as follows:
 

 

 

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1    (50 ILCS 725/6)  (from Ch. 85, par. 2567)
2    Sec. 6. Except as otherwise provided in this Act, the
3provisions of this Act apply only to the extent there is no
4collective bargaining agreement currently in effect dealing
5with the subject matter of this Act.
6(Source: P.A. 100-911, eff. 8-17-18.)
 
7    (50 ILCS 727/1-35 rep.)
8    Section 125. The Police and Community Relations
9Improvement Act is amended by repealing Section 1-35.
 
10    Section 130. The Counties Code is amended by changing
11Sections 4-5001, 4-12001, and 4-12001.1 as follows:
 
12    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
13    Sec. 4-5001. Sheriffs; counties of first and second class.
14The fees of sheriffs in counties of the first and second class,
15except when increased by county ordinance under this Section,
16shall be as follows:
17    For serving or attempting to serve summons on each
18defendant in each county, $10.
19    For serving or attempting to serve an order or judgment
20granting injunctive relief in each county, $10.
21    For serving or attempting to serve each garnishee in each
22county, $10.

 

 

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1    For serving or attempting to serve an order for replevin
2in each county, $10.
3    For serving or attempting to serve an order for attachment
4on each defendant in each county, $10.
5    For serving or attempting to serve a warrant of arrest,
6$8, to be paid upon conviction.
7    For returning a defendant from outside the State of
8Illinois, upon conviction, the court shall assess, as court
9costs, the cost of returning a defendant to the jurisdiction.
10    For taking special bail, $1 in each county.
11    For serving or attempting to serve a subpoena on each
12witness, in each county, $10.
13    For advertising property for sale, $5.
14    For returning each process, in each county, $5.
15    Mileage for each mile of necessary travel to serve any
16such process as Stated above, calculating from the place of
17holding court to the place of residence of the defendant, or
18witness, 50 each way.
19    For summoning each juror, $3 with 30 mileage each way in
20all counties.
21    For serving or attempting to serve notice of judgments or
22levying to enforce a judgment, $3 with 50 mileage each way in
23all counties.
24    For taking possession of and removing property levied on,
25the officer shall be allowed to tax the actual cost of such
26possession or removal.

 

 

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

 

 

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

 

 

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1Reception Centers and all fees per mile shall be computed on
2such basis.
3    For conveying any person to or from any of the charitable
4institutions of the State, when properly committed by
5competent authority, when one person is conveyed, 35 per
6mile; when two persons are conveyed at the same time, 35 per
7mile for the first person and 20 per mile for the second
8person; and 10 per mile for each additional person.
9    For conveying a person from the penitentiary to the county
10jail when required by law, 35 per mile.
11    For attending Supreme Court, $10 per day.
12    In addition to the above fees there shall be allowed to the
13sheriff a fee of $600 for the sale of real estate which is made
14by virtue of any judgment of a court, except that in the case
15of a sale of unimproved real estate which sells for $10,000 or
16less, the fee shall be $150. In addition to this fee and all
17other fees provided by this Section, there shall be allowed to
18the sheriff a fee in accordance with the following schedule
19for the sale of personal estate which is made by virtue of any
20judgment of a court:
21    For judgments up to $1,000, $75;
22    For judgments from $1,001 to $15,000, $150;
23    For judgments over $15,000, $300.
24    The foregoing fees allowed by this Section are the maximum
25fees that may be collected from any officer, agency,
26department or other instrumentality of the State. The county

 

 

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

 

 

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1by law or ordinance with the duty to maintain public order and
2to enforce criminal laws.
3(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;
4101-652.)
 
5    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
6    Sec. 4-12001. Fees of sheriff in third class counties. The
7officers herein named, in counties of the third class, shall
8be entitled to receive the fees herein specified, for the
9services mentioned and such other fees as may be provided by
10law for such other services not herein designated.
11Fees for Sheriff
12    For serving or attempting to serve any summons on each
13defendant, $35.
14    For serving or attempting to serve each alias summons or
15other process mileage will be charged as hereinafter provided
16when the address for service differs from the address for
17service on the original summons or other process.
18    For serving or attempting to serve all other process, on
19each defendant, $35.
20    For serving or attempting to serve a subpoena on each
21witness, $35.
22    For serving or attempting to serve each warrant, $35.
23    For serving or attempting to serve each garnishee, $35.
24    For summoning each juror, $10.
25    For serving or attempting to serve each order or judgment

 

 

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

 

 

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

 

 

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1    For committing each prisoner to jail under the laws of the
2United States, to be paid by the marshal or other person
3requiring his confinement, $3.
4    For feeding such prisoners per day, $3, to be paid by the
5marshal or other person requiring the prisoner's confinement.
6    For discharging such prisoners, $3.
7    For conveying persons to the penitentiary, reformatories,
8Illinois State Training School for Boys, Illinois State
9Training School for Girls, Reception Centers and Illinois
10Security Hospital, the following fees, payable out of the
11State Treasury. When one person is conveyed, 20 per mile in
12going to the penitentiary, reformatories, Illinois State
13Training School for Boys, Illinois State Training School for
14Girls, Reception Centers and Illinois Security Hospital from
15the place of conviction; when 2 persons are conveyed at the
16same time, 20 per mile for the first and 15 per mile for the
17second person; when more than 2 persons are conveyed at the
18same time as Stated above, the sheriff shall be allowed 20 per
19mile for the first, 15 per mile for the second and 10 per
20mile for each additional person.
21    The fees provided for herein for transporting persons to
22the penitentiary, reformatories, Illinois State Training
23School for Boys, Illinois State Training School for Girls,
24Reception Centers and Illinois Security Hospital, shall be
25paid for each trip so made. Mileage as used in this Section
26means the shortest route on a hard surfaced road, (either

 

 

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

 

 

10200HB1568ham003- 89 -LRB102 03599 LNS 38686 a

1police departments or other law enforcement agencies. For the
2purposes of this Section, "law enforcement agency" means an
3agency of the State or unit of local government which is vested
4by law or ordinance with the duty to maintain public order and
5to enforce criminal laws or ordinances.
6    The fee requirements of this Section do not apply to units
7of local government or school districts.
8(Source: P.A. 100-173, eff. 1-1-18; 101-652.)
 
9    (55 ILCS 5/4-12001.1)  (from Ch. 34, par. 4-12001.1)
10    Sec. 4-12001.1. Fees of sheriff in third class counties;
11local governments and school districts. The officers herein
12named, in counties of the third class, shall be entitled to
13receive the fees herein specified from all units of local
14government and school districts, for the services mentioned
15and such other fees as may be provided by law for such other
16services not herein designated.
17Fees for Sheriff
18    For serving or attempting to serve any summons on each
19defendant, $25.
20    For serving or attempting to serve each alias summons or
21other process mileage will be charged as hereinafter provided
22when the address for service differs from the address for
23service on the original summons or other process.
24    For serving or attempting to serve all other process, on
25each defendant, $25.

 

 

10200HB1568ham003- 90 -LRB102 03599 LNS 38686 a

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

 

 

10200HB1568ham003- 91 -LRB102 03599 LNS 38686 a

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

 

 

10200HB1568ham003- 92 -LRB102 03599 LNS 38686 a

1    For committing to or discharging each prisoner from jail,
2$1.
3    For feeding each prisoner, such compensation to cover
4actual costs as may be fixed by the county board, but such
5compensation shall not be considered a part of the fees of the
6office.
7    For committing each prisoner to jail under the laws of the
8United States, to be paid by the marshal or other person
9requiring his confinement, $1.
10    For feeding such prisoners per day, $1, to be paid by the
11marshal or other person requiring the prisoner's confinement.
12    For discharging such prisoners, $1.
13    For conveying persons to the penitentiary, reformatories,
14Illinois State Training School for Boys, Illinois State
15Training School for Girls, Reception Centers and Illinois
16Security Hospital, the following fees, payable out of the
17State Treasury. When one person is conveyed, 15 per mile in
18going to the penitentiary, reformatories, Illinois State
19Training School for Boys, Illinois State Training School for
20Girls, Reception Centers and Illinois Security Hospital from
21the place of conviction; when 2 persons are conveyed at the
22same time, 15 per mile for the first and 10 per mile for the
23second person; when more than 2 persons are conveyed at the
24same time as stated above, the sheriff shall be allowed 15 per
25mile for the first, 10 per mile for the second and 5 per mile
26for each additional person.

 

 

10200HB1568ham003- 93 -LRB102 03599 LNS 38686 a

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

 

 

10200HB1568ham003- 94 -LRB102 03599 LNS 38686 a

1be allowed the fee for levying and mileage, together with half
2the fee for all money collected by him or her which he or she
3would be entitled to if the same were made by sale in the
4enforcement of a judgment. In no case shall the fee exceed the
5amount of money arising from the sale.
6     All fees collected under Sections 4-12001 and 4-12001.1
7must be used for public safety purposes only.
8(Source: P.A. 100-173, eff. 1-1-18; 101-652.)
 
9    (55 ILCS 5/3-6041 rep.)
10    Section 135. The Counties Code is amended by repealing
11Section 3-6041.
 
12    (65 ILCS 5/11-5.1-2 rep.)
13    Section 140. The Illinois Municipal Code is amended by
14repealing Section 11-5.1-2.
 
15    Section 145. The Illinois Municipal Code is amended by
16reenacting Section 1-2-12.1 as follows:
 
17    (65 ILCS 5/1-2-12.1)
18    Sec. 1-2-12.1. Municipal bond fees. A municipality may
19impose a fee up to $20 for bail processing against any person
20arrested for violating a bailable municipal ordinance or a
21State or federal law.
22(Source: P.A. 97-368, eff. 8-15-11; 101-652, eff. 7-1-21.)
 

 

 

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1    Section 150. The Campus Security Enhancement Act of 2008
2is amended by changing Section 15 as follows:
 
3    (110 ILCS 12/15)
4    Sec. 15. Arrest reports.
5    (a) When an individual is arrested, the following
6information must be made available to the news media for
7inspection and copying:
8        (1) Information that identifies the individual,
9    including the name, age, address, and photograph, when and
10    if available.
11        (2) Information detailing any charges relating to the
12    arrest.
13        (3) The time and location of the arrest.
14        (4) The name of the investigating or arresting law
15    enforcement agency.
16        (5) If the individual is incarcerated, the conditions
17    of pretrial release amount of any bail or bond.
18        (6) If the individual is incarcerated, the time and
19    date that the individual was received, discharged, or
20    transferred from the arresting agency's custody.
21    (b) The information required by this Section must be made
22available to the news media for inspection and copying as soon
23as practicable, but in no event shall the time period exceed 72
24hours from the arrest. The information described in paragraphs

 

 

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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.

 

 

10200HB1568ham003- 97 -LRB102 03599 LNS 38686 a

1(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
292-335, eff. 8-10-01; 101-652.)
 
3    Section 155. The Illinois Insurance Code is amended by
4changing Sections 143.19, 143.19.1, and 205 as follows:
 
5    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
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

 

 

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

 

 

10200HB1568ham003- 99 -LRB102 03599 LNS 38686 a

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

 

 

10200HB1568ham003- 100 -LRB102 03599 LNS 38686 a

1(Source: P.A. 100-201, eff. 8-18-17; 101-652.)
 
2    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
3    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
4After a policy of automobile insurance, as defined in Section
5143.13, has been effective or renewed for 5 or more years, the
6company shall not exercise its right of non-renewal unless:
7    a. The policy was obtained through a material
8misrepresentation; or
9    b. Any insured violated any of the terms and conditions of
10the policy; or
11    c. The named insured failed to disclose fully his motor
12vehicle accidents and moving traffic violations for the
13preceding 36 months, if such information is called for in the
14application; or
15    d. Any insured made a false or fraudulent claim or
16knowingly aided or abetted another in the presentation of such
17a claim; or
18    e. The named insured or any other operator who either
19resides in the same household or customarily operates an
20automobile insured under such a policy:
21        1. Has, within the 12 months prior to the notice of
22    non-renewal had his drivers license under suspension or
23    revocation; or
24        2. Is or becomes subject to epilepsy or heart attacks,
25    and such individual does not produce a certificate from a

 

 

10200HB1568ham003- 101 -LRB102 03599 LNS 38686 a

1    physician testifying to his unqualified ability to operate
2    a motor vehicle safely; or
3        3. Has an accident record, conviction record (criminal
4    or traffic), or a physical or mental condition which is
5    such that his operation of an automobile might endanger
6    the public safety; or
7        4. Has, within the 36 months prior to the notice of
8    non-renewal, been addicted to the use of narcotics or
9    other drugs; or
10        5. Has been convicted or pretrial release has been
11    revoked forfeited bail, during the 36 months immediately
12    preceding the notice of non-renewal, for any felony,
13    criminal negligence resulting in death, homicide or
14    assault arising out of the operation of a motor vehicle,
15    operating a motor vehicle while in an intoxicated
16    condition or while under the influence of drugs, being
17    intoxicated while in or about an automobile or while
18    having custody of an automobile, leaving the scene of an
19    accident without stopping to report, theft or unlawful
20    taking of a motor vehicle, making false statements in an
21    application for an operators or chauffeurs license, or has
22    been convicted or pretrial release has been revoked
23    forfeited bail for 3 or more violations within the 12
24    months immediately preceding the notice of non-renewal, of
25    any law, ordinance or regulation limiting the speed of
26    motor vehicles or any of the provisions of the motor

 

 

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1    vehicle laws of any state, violation of which constitutes
2    a misdemeanor, whether or not the violations were
3    repetitions of the same offense or different offenses; or
4    f. The insured automobile is:
5        1. So mechanically defective that its operation might
6    endanger public safety; or
7        2. Used in carrying passengers for hire or
8    compensation (the use of an automobile for a car pool
9    shall not be considered use of an automobile for hire or
10    compensation); or
11        3. Used in the business of transportation of
12    flammables or explosives; or
13        4. An authorized emergency vehicle; or
14        5. Changed in shape or condition during the policy
15    period so as to increase the risk substantially; or
16        6. Subject to an inspection law and it has not been
17    inspected or, if inspected, has failed to qualify; or
18    g. The notice of the intention not to renew is mailed to
19the insured at least 60 days before the date of nonrenewal as
20provided in Section 143.17.
21(Source: P.A. 89-669, eff. 1-1-97; 101-652.)
 
22    (215 ILCS 5/205)  (from Ch. 73, par. 817)
23    Sec. 205. Priority of distribution of general assets.
24    (1) The priorities of distribution of general assets from
25the company's estate is to be as follows:

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1such priorities.
2    (3) The changes made in this Section by this amendatory
3Act of the 100th General Assembly apply to all liquidation,
4rehabilitation, or conservation proceedings that are pending
5on the effective date of this amendatory Act of the 100th
6General Assembly and to all future liquidation,
7rehabilitation, or conservation proceedings.
8    (4) The provisions of this Section are severable under
9Section 1.31 of the Statute on Statutes.
10(Source: P.A. 100-410, eff. 8-25-17; 101-652.)
 
11    Section 160. The Illinois Gambling Act is amended by
12changing Section 5.1 as follows:
 
13    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
14    Sec. 5.1. Disclosure of records.
15    (a) Notwithstanding any applicable statutory provision to
16the contrary, the Board shall, on written request from any
17person, provide information furnished by an applicant or
18licensee concerning the applicant or licensee, his products,
19services or gambling enterprises and his business holdings, as
20follows:
21        (1) The name, business address and business telephone
22    number of any applicant or licensee.
23        (2) An identification of any applicant or licensee
24    including, if an applicant or licensee is not an

 

 

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

 

 

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

 

 

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

 

 

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1    compliance with federal and State affirmative action
2    guidelines, projected or actual admissions and projected
3    or actual adjusted gross gaming receipts.
4        (12) A description of the product or service to be
5    supplied by an applicant for a supplier's license.
6    (b) Notwithstanding any applicable statutory provision to
7the contrary, the Board shall, on written request from any
8person, also provide the following information:
9        (1) The amount of the wagering tax and admission tax
10    paid daily to the State of Illinois by the holder of an
11    owner's license.
12        (2) Whenever the Board finds an applicant for an
13    owner's license unsuitable for licensing, a copy of the
14    written letter outlining the reasons for the denial.
15        (3) Whenever the Board has refused to grant leave for
16    an applicant to withdraw his application, a copy of the
17    letter outlining the reasons for the refusal.
18    (c) Subject to the above provisions, the Board shall not
19disclose any information which would be barred by:
20        (1) Section 7 of the Freedom of Information Act; or
21        (2) The statutes, rules, regulations or
22    intergovernmental agreements of any jurisdiction.
23    (d) The Board may assess fees for the copying of
24information in accordance with Section 6 of the Freedom of
25Information Act.
26(Source: P.A. 101-31, eff. 6-28-19; 101-652.)
 

 

 

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1    Section 165. The Sexual Assault Survivors Emergency
2Treatment Act is amended by changing Section 7.5 as follows:
 
3    (410 ILCS 70/7.5)
4    Sec. 7.5. Prohibition on billing sexual assault survivors
5directly for certain services; written notice; billing
6protocols.
7    (a) A hospital, approved pediatric health care facility,
8health care professional, ambulance provider, laboratory, or
9pharmacy furnishing medical forensic services, transportation,
10follow-up healthcare, or medication to a sexual assault
11survivor shall not:
12        (1) charge or submit a bill for any portion of the
13    costs of the services, transportation, or medications to
14    the sexual assault survivor, including any insurance
15    deductible, co-pay, co-insurance, denial of claim by an
16    insurer, spenddown, or any other out-of-pocket expense;
17        (2) communicate with, harass, or intimidate the sexual
18    assault survivor for payment of services, including, but
19    not limited to, repeatedly calling or writing to the
20    sexual assault survivor and threatening to refer the
21    matter to a debt collection agency or to an attorney for
22    collection, enforcement, or filing of other process;
23        (3) refer a bill to a collection agency or attorney
24    for collection action against the sexual assault survivor;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1a survivor of sexual assault for medical forensic services,
2the Office of the Attorney General shall provide the health
3care professional or approved pediatric health care facility
4with a written statement of the deficiencies in the protocol.
5The health care professional or approved pediatric health care
6facility shall have 30 days to submit a revised billing
7protocol addressing the deficiencies to the Office of the
8Attorney General. The health care professional or approved
9pediatric health care facility shall implement the protocol
10upon approval by the Crime Victim Services Division of the
11Office of the Attorney General.
12    The health care professional or approved pediatric health
13care facility shall submit any proposed revision to or
14modification of an approved billing protocol to the Crime
15Victim Services Division of the Office of the Attorney General
16for approval. The health care professional or approved
17pediatric health care facility shall implement the revised or
18modified billing protocol upon approval by the Crime Victim
19Services Division of the Office of the Illinois Attorney
20General.
21    (e) This Section is effective on and after January 1,
222022.
23(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
24102-22, eff. 6-25-21.)
 
25    Section 170. The Illinois Vehicle Code is amended by

 

 

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1changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and
216-103 as follows:
 
3    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
4    Sec. 6-204. When court to forward license and reports.
5    (a) For the purpose of providing to the Secretary of State
6the records essential to the performance of the Secretary's
7duties under this Code to cancel, revoke or suspend the
8driver's license and privilege to drive motor vehicles of
9certain minors and of persons found guilty of the criminal
10offenses or traffic violations which this Code recognizes as
11evidence relating to unfitness to safely operate motor
12vehicles, the following duties are imposed upon public
13officials:
14        (1) Whenever any person is convicted of any offense
15    for which this Code makes mandatory the cancellation or
16    revocation of the driver's license or permit of such
17    person by the Secretary of State, the judge of the court in
18    which such conviction is had shall require the surrender
19    to the clerk of the court of all driver's licenses or
20    permits then held by the person so convicted, and the
21    clerk of the court shall, within 5 days thereafter,
22    forward the same, together with a report of such
23    conviction, to the Secretary.
24        (2) Whenever any person is convicted of any offense
25    under this Code or similar offenses under a municipal

 

 

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

 

 

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1    Code: Sections 27-245 (following fire apparatus), 27-254
2    (obstruction of traffic), 27-258 (driving vehicle which is
3    in unsafe condition), 27-259 (coasting on downgrade),
4    27-264 (use of horns and signal devices), 27-265
5    (obstruction to driver's view or driver mechanism), 27-267
6    (dimming of headlights), 27-268 (unattended motor
7    vehicle), 27-272 (illegal funeral procession), 27-273
8    (funeral procession on boulevard), 27-275 (driving freight
9    hauling vehicles on boulevard), 27-276 (stopping and
10    standing of buses or taxicabs), 27-277 (cruising of public
11    passenger vehicles), 27-305 (parallel parking), 27-306
12    (diagonal parking), 27-307 (parking not to obstruct
13    traffic), 27-308 (stopping, standing or parking
14    regulated), 27-311 (parking regulations), 27-312 (parking
15    regulations), 27-313 (parking regulations), 27-314
16    (parking regulations), 27-315 (parking regulations),
17    27-316 (parking regulations), 27-317 (parking
18    regulations), 27-318 (parking regulations), 27-319
19    (parking regulations), 27-320 (parking regulations),
20    27-321 (parking regulations), 27-322 (parking
21    regulations), 27-324 (loading and unloading at an angle),
22    27-333 (wheel and axle loads), 27-334 (load restrictions
23    in the downtown district), 27-335 (load restrictions in
24    residential areas), 27-338 (width of vehicles), 27-339
25    (height of vehicles), 27-340 (length of vehicles), 27-352
26    (reflectors on trailers), 27-353 (mufflers), 27-354

 

 

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1    (display of plates), 27-355 (display of city vehicle tax
2    sticker), 27-357 (identification of vehicles), 27-358
3    (projecting of loads), and also excepting the following
4    enumerated paragraphs of Section 2-201 of the Rules and
5    Regulations of the Illinois State Toll Highway Authority:
6    (l) (driving unsafe vehicle on tollway), (m) (vehicles
7    transporting dangerous cargo not properly indicated), it
8    shall be the duty of the clerk of the court in which such
9    conviction is had within 5 days thereafter to forward to
10    the Secretary of State a report of the conviction and the
11    court may recommend the suspension of the driver's license
12    or permit of the person so convicted.
13        The reporting requirements of this subsection shall
14    apply to all violations stated in paragraphs (1) and (2)
15    of this subsection when the individual has been
16    adjudicated under the Juvenile Court Act or the Juvenile
17    Court Act of 1987. Such reporting requirements shall also
18    apply to individuals adjudicated under the Juvenile Court
19    Act or the Juvenile Court Act of 1987 who have committed a
20    violation of Section 11-501 of this Code, or similar
21    provision of a local ordinance, or Section 9-3 of the
22    Criminal Code of 1961 or the Criminal Code of 2012,
23    relating to the offense of reckless homicide, or Section
24    5-7 of the Snowmobile Registration and Safety Act or
25    Section 5-16 of the Boat Registration and Safety Act,
26    relating to the offense of operating a snowmobile or a

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1to a driver remedial or rehabilitative program, within 5 days
2of the driver's referral to that program. These reports
3received by the Secretary of State, including those required
4to be forwarded under paragraph (a)(4), shall be privileged
5information, available only (i) to the affected driver, (ii)
6to the parent or guardian of a person under the age of 18 years
7holding an instruction permit or a graduated driver's license,
8and (iii) for use by the courts, police officers, prosecuting
9authorities, the Secretary of State, and the driver licensing
10administrator of any other state. In accordance with 49 C.F.R.
11Part 384, all reports of court supervision, except violations
12related to parking, shall be forwarded to the Secretary of
13State for all holders of a CLP or CDL or any driver who commits
14an offense while driving a commercial motor vehicle. These
15reports shall be recorded to the driver's record as a
16conviction for use in the disqualification of the driver's
17commercial motor vehicle privileges and shall not be
18privileged information.
19(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;
20101-652.)
 
21    (625 ILCS 5/6-206)
22    Sec. 6-206. Discretionary authority to suspend or revoke
23license or permit; right to a hearing.
24    (a) The Secretary of State is authorized to suspend or
25revoke the driving privileges of any person without

 

 

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

 

 

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

 

 

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1    permit issued prior to January 1, 2009, probationary
2    license to drive, or restricted driving permit issued
3    under this Code;
4        12. Has submitted to any portion of the application
5    process for another person or has obtained the services of
6    another person to submit to any portion of the application
7    process for the purpose of obtaining a license,
8    identification card, or permit for some other person;
9        13. Has operated a motor vehicle upon a highway of
10    this State when the person's driver's license or permit
11    was invalid under the provisions of Sections 6-107.1 and
12    6-110;
13        14. Has committed a violation of Section 6-301,
14    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
15    14B of the Illinois Identification Card Act;
16        15. Has been convicted of violating Section 21-2 of
17    the Criminal Code of 1961 or the Criminal Code of 2012
18    relating to criminal trespass to vehicles if the person
19    exercised actual physical control over the vehicle during
20    the commission of the offense, in which case the
21    suspension shall be for one year;
22        16. Has been convicted of violating Section 11-204 of
23    this Code relating to fleeing from a peace officer;
24        17. Has refused to submit to a test, or tests, as
25    required under Section 11-501.1 of this Code and the
26    person has not sought a hearing as provided for in Section

 

 

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1    11-501.1;
2        18. (Blank);
3        19. Has committed a violation of paragraph (a) or (b)
4    of Section 6-101 relating to driving without a driver's
5    license;
6        20. Has been convicted of violating Section 6-104
7    relating to classification of driver's license;
8        21. Has been convicted of violating Section 11-402 of
9    this Code relating to leaving the scene of an accident
10    resulting in damage to a vehicle in excess of $1,000, in
11    which case the suspension shall be for one year;
12        22. Has used a motor vehicle in violating paragraph
13    (3), (4), (7), or (9) of subsection (a) of Section 24-1 of
14    the Criminal Code of 1961 or the Criminal Code of 2012
15    relating to unlawful use of weapons, in which case the
16    suspension shall be for one year;
17        23. Has, as a driver, been convicted of committing a
18    violation of paragraph (a) of Section 11-502 of this Code
19    for a second or subsequent time within one year of a
20    similar violation;
21        24. Has been convicted by a court-martial or punished
22    by non-judicial punishment by military authorities of the
23    United States at a military installation in Illinois or in
24    another state of or for a traffic-related traffic related
25    offense that is the same as or similar to an offense
26    specified under Section 6-205 or 6-206 of this Code;

 

 

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

 

 

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

 

 

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1    6-208.1;
2        32. Has been convicted of Section 24-1.2 of the
3    Criminal Code of 1961 or the Criminal Code of 2012
4    relating to the aggravated discharge of a firearm if the
5    offender was located in a motor vehicle at the time the
6    firearm was discharged, in which case the suspension shall
7    be for 3 years;
8        33. Has as a driver, who was less than 21 years of age
9    on the date of the offense, been convicted a first time of
10    a violation of paragraph (a) of Section 11-502 of this
11    Code or a similar provision of a local ordinance;
12        34. Has committed a violation of Section 11-1301.5 of
13    this Code or a similar provision of a local ordinance;
14        35. Has committed a violation of Section 11-1301.6 of
15    this Code or a similar provision of a local ordinance;
16        36. Is under the age of 21 years at the time of arrest
17    and has been convicted of not less than 2 offenses against
18    traffic regulations governing the movement of vehicles
19    committed within any 24-month 24 month period. No
20    revocation or suspension shall be entered more than 6
21    months after the date of last conviction;
22        37. Has committed a violation of subsection (c) of
23    Section 11-907 of this Code that resulted in damage to the
24    property of another or the death or injury of another;
25        38. Has been convicted of a violation of Section 6-20
26    of the Liquor Control Act of 1934 or a similar provision of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

10200HB1568ham003- 141 -LRB102 03599 LNS 38686 a

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

 

 

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1in the petitioner's household to and from daycare. The
2petitioner must demonstrate that no alternative means of
3transportation is reasonably available and that the petitioner
4will not endanger the public safety or welfare.
5        (A) If a person's license or permit is revoked or
6    suspended due to 2 or more convictions of violating
7    Section 11-501 of this Code or a similar provision of a
8    local ordinance or a similar out-of-state offense, or
9    Section 9-3 of the Criminal Code of 1961 or the Criminal
10    Code of 2012, where the use of alcohol or other drugs is
11    recited as an element of the offense, or a similar
12    out-of-state offense, or a combination of these offenses,
13    arising out of separate occurrences, that person, if
14    issued a restricted driving permit, may not operate a
15    vehicle unless it has been equipped with an ignition
16    interlock device as defined in Section 1-129.1.
17        (B) If a person's license or permit is revoked or
18    suspended 2 or more times due to any combination of:
19            (i) a single conviction of violating Section
20        11-501 of this Code or a similar provision of a local
21        ordinance or a similar out-of-state offense or Section
22        9-3 of the Criminal Code of 1961 or the Criminal Code
23        of 2012, where the use of alcohol or other drugs is
24        recited as an element of the offense, or a similar
25        out-of-state offense; or
26            (ii) a statutory summary suspension or revocation

 

 

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1        under Section 11-501.1; or
2            (iii) a suspension under Section 6-203.1;
3    arising out of separate occurrences; that person, if
4    issued a restricted driving permit, may not operate a
5    vehicle unless it has been equipped with an ignition
6    interlock device as defined in Section 1-129.1.
7        (B-5) If a person's license or permit is revoked or
8    suspended due to a conviction for a violation of
9    subparagraph (C) or (F) of paragraph (1) of subsection (d)
10    of Section 11-501 of this Code, or a similar provision of a
11    local ordinance or similar out-of-state offense, that
12    person, if issued a restricted driving permit, may not
13    operate a vehicle unless it has been equipped with an
14    ignition interlock device as defined in Section 1-129.1.
15        (C) The person issued a permit conditioned upon the
16    use of an ignition interlock device must pay to the
17    Secretary of State DUI Administration Fund an amount not
18    to exceed $30 per month. The Secretary shall establish by
19    rule the amount and the procedures, terms, and conditions
20    relating to these fees.
21        (D) If the restricted driving permit is issued for
22    employment purposes, then the prohibition against
23    operating a motor vehicle that is not equipped with an
24    ignition interlock device does not apply to the operation
25    of an occupational vehicle owned or leased by that
26    person's employer when used solely for employment

 

 

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

 

 

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

 

 

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

 

 

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1    from applying for or being issued a restricted driving
2    permit in the future, if the holder is convicted of a
3    violation of Section 11-501 of this Code, a similar
4    provision of a local ordinance, or a similar offense in
5    another state.
6    (c-3) In the case of a suspension under paragraph 43 of
7subsection (a), reports received by the Secretary of State
8under this Section shall, except during the actual time the
9suspension is in effect, be privileged information and for use
10only by the courts, police officers, prosecuting authorities,
11the driver licensing administrator of any other state, the
12Secretary of State, or the parent or legal guardian of a driver
13under the age of 18. However, beginning January 1, 2008, if the
14person is a CDL holder, the suspension shall also be made
15available to the driver licensing administrator of any other
16state, the U.S. Department of Transportation, and the affected
17driver or motor carrier or prospective motor carrier upon
18request.
19    (c-4) In the case of a suspension under paragraph 43 of
20subsection (a), the Secretary of State shall notify the person
21by mail that his or her driving privileges and driver's
22license will be suspended one month after the date of the
23mailing of the notice.
24    (c-5) The Secretary of State may, as a condition of the
25reissuance of a driver's license or permit to an applicant
26whose driver's license or permit has been suspended before he

 

 

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1or she reached the age of 21 years pursuant to any of the
2provisions of this Section, require the applicant to
3participate in a driver remedial education course and be
4retested under Section 6-109 of this Code.
5    (d) This Section is subject to the provisions of the
6Driver Drivers License Compact.
7    (e) The Secretary of State shall not issue a restricted
8driving permit to a person under the age of 16 years whose
9driving privileges have been suspended or revoked under any
10provisions of this Code.
11    (f) In accordance with 49 C.F.R. 384, the Secretary of
12State may not issue a restricted driving permit for the
13operation of a commercial motor vehicle to a person holding a
14CDL whose driving privileges have been suspended, revoked,
15cancelled, or disqualified under any provisions of this Code.
16(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
17101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
188-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
 
19    (625 ILCS 5/6-308)
20    Sec. 6-308. Procedures for traffic violations.
21    (a) Any person cited for violating this Code or a similar
22provision of a local ordinance for which a violation is a petty
23offense as defined by Section 5-1-17 of the Unified Code of
24Corrections, excluding business offenses as defined by Section
255-1-2 of the Unified Code of Corrections or a violation of

 

 

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1Section 15-111 or subsection (d) of Section 3-401 of this
2Code, shall not be required to sign the citation or post bond
3to secure bail for his or her release. All other provisions of
4this Code or similar provisions of local ordinances shall be
5governed by the pretrial release bail provisions of the
6Illinois Supreme Court Rules when it is not practical or
7feasible to take the person before a judge to have conditions
8of pretrial release bail set or to avoid undue delay because of
9the hour or circumstances.
10    (b) Whenever a person fails to appear in court, the court
11may continue the case for a minimum of 30 days and the clerk of
12the court shall send notice of the continued court date to the
13person's last known address. If the person does not appear in
14court on or before the continued court date or satisfy the
15court that the person's appearance in and surrender to the
16court is impossible for no fault of the person, the court shall
17enter an order of failure to appear. The clerk of the court
18shall notify the Secretary of State, on a report prescribed by
19the Secretary, of the court's order. The Secretary, when
20notified by the clerk of the court that an order of failure to
21appear has been entered, shall immediately suspend the
22person's driver's license, which shall be designated by the
23Secretary as a Failure to Appear suspension. The Secretary
24shall not remove the suspension, nor issue any permit or
25privileges to the person whose license has been suspended,
26until notified by the ordering court that the person has

 

 

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1appeared and resolved the violation. Upon compliance, the
2clerk of the court shall present the person with a notice of
3compliance containing the seal of the court, and shall notify
4the Secretary that the person has appeared and resolved the
5violation.
6    (c) Illinois Supreme Court Rules shall govern pretrial
7release bail and appearance procedures when a person who is a
8resident of another state that is not a member of the
9Nonresident Violator Compact of 1977 is cited for violating
10this Code or a similar provision of a local ordinance.
11(Source: P.A. 100-674, eff. 1-1-19; 101-652.)
 
12    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
13    Sec. 6-500. Definitions of words and phrases.
14Notwithstanding the definitions set forth elsewhere in this
15Code, for purposes of the Uniform Commercial Driver's License
16Act (UCDLA), the words and phrases listed below have the
17meanings ascribed to them as follows:
18    (1) Alcohol. "Alcohol" means any substance containing any
19form of alcohol, including but not limited to ethanol,
20methanol, propanol, and isopropanol.
21    (2) Alcohol concentration. "Alcohol concentration" means:
22        (A) the number of grams of alcohol per 210 liters of
23    breath; or
24        (B) the number of grams of alcohol per 100 milliliters
25    of blood; or

 

 

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1        (C) the number of grams of alcohol per 67 milliliters
2    of urine.
3    Alcohol tests administered within 2 hours of the driver
4being "stopped or detained" shall be considered that driver's
5"alcohol concentration" for the purposes of enforcing this
6UCDLA.
7    (3) (Blank).
8    (4) (Blank).
9    (5) (Blank).
10    (5.3) CDLIS driver record. "CDLIS driver record" means the
11electronic record of the individual CDL driver's status and
12history stored by the State-of-Record as part of the
13Commercial Driver's License Information System, or CDLIS,
14established under 49 U.S.C. 31309.
15    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
16record" or "CDLIS MVR" means a report generated from the CDLIS
17driver record meeting the requirements for access to CDLIS
18information and provided by states to users authorized in 49
19C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
20Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
21    (5.7) Commercial driver's license downgrade. "Commercial
22driver's license downgrade" or "CDL downgrade" means either:
23        (A) a state allows the driver to change his or her
24    self-certification to interstate, but operating
25    exclusively in transportation or operation excepted from
26    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1to an individual's CLP or CDL required to permit the
2individual to operate certain types of commercial motor
3vehicles.
4    (15.2) Entry-level driver training. "Entry-level driver
5training" means the training an entry-level driver receives
6from an entity listed on the Federal Motor Carrier Safety
7Administration's Training Provider Registry prior to: (i)
8taking the CDL skills test required to receive the Class A or
9Class B CDL for the first time; (ii) taking the CDL skills test
10required to upgrade to a Class A or Class B CDL; or (iii)
11taking the CDL skills test required to obtain a passenger or
12school bus endorsement for the first time or the CDL knowledge
13test required to obtain a hazardous materials endorsement for
14the first time.
15    (15.3) Excepted interstate. "Excepted interstate" means a
16person who operates or expects to operate in interstate
17commerce, but engages exclusively in transportation or
18operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
19or 398.3 from all or part of the qualification requirements of
2049 C.F.R. Part 391 and is not required to obtain a medical
21examiner's certificate by 49 C.F.R. 391.45.
22    (15.5) Excepted intrastate. "Excepted intrastate" means a
23person who operates in intrastate commerce but engages
24exclusively in transportation or operations excepted from all
25or parts of the state driver qualification requirements.
26    (16) (Blank).

 

 

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

 

 

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1proceeding begun to lessen the risk of that death, illness,
2injury or endangerment.
3    (20.6) Issuance. "Issuance" means initial issuance,
4transfer, renewal, or upgrade of a CLP or CDL and
5non-domiciled CLP or CDL.
6    (20.7) Issue. "Issue" means initial issuance, transfer,
7renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
8non-domiciled CDL.
9    (21) Long-term lease. "Long-term lease" means a lease of a
10commercial motor vehicle by the owner-lessor to a lessee, for
11a period of more than 29 days.
12    (21.01) Manual transmission. "Manual transmission" means a
13transmission utilizing a driver-operated clutch that is
14activated by a pedal or lever and a gear-shift mechanism
15operated either by hand or foot including those known as a
16stick shift, stick, straight drive, or standard transmission.
17All other transmissions, whether semi-automatic or automatic,
18shall be considered automatic for the purposes of the
19standardized restriction code.
20    (21.1) Medical examiner. "Medical examiner" means an
21individual certified by the Federal Motor Carrier Safety
22Administration and listed on the National Registry of
23Certified Medical Examiners in accordance with Federal Motor
24Carrier Safety Regulations, 49 CFR 390.101 et seq.
25    (21.2) Medical examiner's certificate. "Medical examiner's
26certificate" means either (1) prior to June 22, 2021, a

 

 

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1document prescribed or approved by the Secretary of State that
2is issued by a medical examiner to a driver to medically
3qualify him or her to drive; or (2) beginning June 22, 2021, an
4electronic submission of results of an examination conducted
5by a medical examiner listed on the National Registry of
6Certified Medical Examiners to the Federal Motor Carrier
7Safety Administration of a driver to medically qualify him or
8her to drive.
9    (21.5) Medical variance. "Medical variance" means a driver
10has received one of the following from the Federal Motor
11Carrier Safety Administration which allows the driver to be
12issued a medical certificate: (1) an exemption letter
13permitting operation of a commercial motor vehicle pursuant to
1449 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
15skill performance evaluation (SPE) certificate permitting
16operation of a commercial motor vehicle pursuant to 49 C.F.R.
17391.49.
18    (21.7) Mobile telephone. "Mobile telephone" means a mobile
19communication device that falls under or uses any commercial
20mobile radio service, as defined in regulations of the Federal
21Communications Commission, 47 CFR 20.3. It does not include
22two-way or citizens band radio services.
23    (22) Motor Vehicle. "Motor vehicle" means every vehicle
24which is self-propelled, and every vehicle which is propelled
25by electric power obtained from over head trolley wires but
26not operated upon rails, except vehicles moved solely by human

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1tester who is authorized by the State to administer the CDL
2skills tests specified in 49 C.F.R. Part 383, subparts G and H.
3    (32.5) Third party tester. "Third party tester" means a
4person (including, but not limited to, another state, a motor
5carrier, a private driver training facility or other private
6institution, or a department, agency, or instrumentality of a
7local government) authorized by the State to employ skills
8test examiners to administer the CDL skills tests specified in
949 C.F.R. Part 383, subparts G and H.
10    (32.7) United States. "United States" means the 50 states
11and the District of Columbia.
12    (33) Use a hand-held mobile telephone. "Use a hand-held
13mobile telephone" means:
14        (1) using at least one hand to hold a mobile telephone
15    to conduct a voice communication;
16        (2) dialing or answering a mobile telephone by
17    pressing more than a single button; or
18        (3) reaching for a mobile telephone in a manner that
19    requires a driver to maneuver so that he or she is no
20    longer in a seated driving position, restrained by a seat
21    belt that is installed in accordance with 49 CFR 393.93
22    and adjusted in accordance with the vehicle manufacturer's
23    instructions.
24(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
25101-652.)
 

 

 

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1    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
2    Sec. 6-601. Penalties.
3    (a) It is a petty offense for any person to violate any of
4the provisions of this Chapter unless such violation is by
5this Code or other law of this State declared to be a
6misdemeanor or a felony.
7    (b) General penalties. Unless another penalty is in this
8Code or other laws of this State, every person convicted of a
9petty offense for the violation of any provision of this
10Chapter shall be punished by a fine of not more than $500.
11    (c) Unlicensed driving. Except as hereinafter provided a
12violation of Section 6-101 shall be:
13        1. A Class A misdemeanor if the person failed to
14    obtain a driver's license or permit after expiration of a
15    period of revocation.
16        2. A Class B misdemeanor if the person has been issued
17    a driver's license or permit, which has expired, and if
18    the period of expiration is greater than one year; or if
19    the person has never been issued a driver's license or
20    permit, or is not qualified to obtain a driver's license
21    or permit because of his age.
22        3. A petty offense if the person has been issued a
23    temporary visitor's driver's license or permit and is
24    unable to provide proof of liability insurance as provided
25    in subsection (d-5) of Section 6-105.1.
26    If a licensee under this Code is convicted of violating

 

 

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1Section 6-303 for operating a motor vehicle during a time when
2such licensee's driver's license was suspended under the
3provisions of Section 6-306.3 or 6-308, then such act shall be
4a petty offense (provided the licensee has answered the charge
5which was the basis of the suspension under Section 6-306.3 or
66-308), and there shall be imposed no additional like period
7of suspension as provided in paragraph (b) of Section 6-303.
8    (d) For violations of this Code or a similar provision of a
9local ordinance for which a violation is a petty offense as
10defined by Section 5-1-17 of the Unified Code of Corrections,
11excluding business offenses as defined by Section 5-1-2 of the
12Unified Code of Corrections or a violation of Section 15-111
13or subsection (d) of Section 3-401 of this Code, if the
14violation may be satisfied without a court appearance, the
15violator may, pursuant to Supreme Court Rule, satisfy the case
16with a written plea of guilty and payment of fines, penalties,
17and costs as equal to the bail amount established by the
18Supreme Court for the offense.
19(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
2098-1134, eff. 1-1-15; 101-652.)
 
21    (625 ILCS 5/16-103)  (from Ch. 95 1/2, par. 16-103)
22    Sec. 16-103. Arrest outside county where violation
23committed.
24    Whenever a defendant is arrested upon a warrant charging a
25violation of this Act in a county other than that in which such

 

 

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1warrant was issued, the arresting officer, immediately upon
2the request of the defendant, shall take such defendant before
3a circuit judge or associate circuit judge in the county in
4which the arrest was made who shall admit the defendant to
5pretrial release bail for his appearance before the court
6named in the warrant. On setting the conditions of pretrial
7release taking such bail the circuit judge or associate
8circuit judge shall certify such fact on the warrant and
9deliver the warrant and conditions of pretrial release
10undertaking of bail or other security, or the drivers license
11of such defendant if deposited, under the law relating to such
12licenses, in lieu of such security, to the officer having
13charge of the defendant. Such officer shall then immediately
14discharge the defendant from arrest and without delay deliver
15such warrant and such acknowledgment by the defendant of his
16or her receiving the conditions of pretrial release
17undertaking of bail, or other security or drivers license to
18the court before which the defendant is required to appear.
19(Source: P.A. 77-1280; 101-652.)
 
20    Section 175. The Illinois Vehicle Code is amended by
21changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
2211-208.9, and 11-1201.1 as follows:
 
23    (625 ILCS 5/6-209.1)
24    Sec. 6-209.1. Restoration of driving privileges;

 

 

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

 

 

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

 

 

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1General Assembly due to the person having failed to pay any
2fine or penalty for traffic violations, automated traffic law
3enforcement system violations as defined in Sections 11-208.6,
4and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle
5fees.
6(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;
7102-558, eff. 8-20-21.)
 
8    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
9    Sec. 11-208.3. Administrative adjudication of violations
10of traffic regulations concerning the standing, parking, or
11condition of vehicles, automated traffic law violations, and
12automated speed enforcement system violations.
13    (a) Any municipality or county may provide by ordinance
14for a system of administrative adjudication of vehicular
15standing and parking violations and vehicle compliance
16violations as described in this subsection, automated traffic
17law violations as defined in Section 11-208.6, 11-208.9, or
1811-1201.1, and automated speed enforcement system violations
19as defined in Section 11-208.8. The administrative system
20shall have as its purpose the fair and efficient enforcement
21of municipal or county regulations through the administrative
22adjudication of automated speed enforcement system or
23automated traffic law violations and violations of municipal
24or county ordinances regulating the standing and parking of
25vehicles, the condition and use of vehicle equipment, and the

 

 

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

 

 

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

 

 

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

 

 

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1    lessee of the vehicle, but not later than 90 days after the
2    violation, except that in the case of a lessee of a motor
3    vehicle, service of an automated traffic law violation
4    notice may occur no later than 210 days after the
5    violation. A person authorized by ordinance to issue and
6    serve parking, standing, and compliance violation notices
7    shall certify as to the correctness of the facts entered
8    on the violation notice by signing his or her name to the
9    notice at the time of service or, in the case of a notice
10    produced by a computerized device, by signing a single
11    certificate to be kept by the traffic compliance
12    administrator attesting to the correctness of all notices
13    produced by the device while it was under his or her
14    control. In the case of an automated traffic law
15    violation, the ordinance shall require a determination by
16    a technician employed or contracted by the municipality or
17    county that, based on inspection of recorded images, the
18    motor vehicle was being operated in violation of Section
19    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
20    the technician determines that the vehicle entered the
21    intersection as part of a funeral procession or in order
22    to yield the right-of-way to an emergency vehicle, a
23    citation shall not be issued. In municipalities with a
24    population of less than 1,000,000 inhabitants and counties
25    with a population of less than 3,000,000 inhabitants, the
26    automated traffic law ordinance shall require that all

 

 

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

 

 

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

 

 

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1    internal frequency generator and the internal circuit test
2    whenever the radar is turned on. Technicians must be alert
3    for any unusual or suspect readings, and if unusual or
4    suspect readings of a radar unit persist, that unit shall
5    immediately be removed from service and not returned to
6    service until it has been checked by a qualified
7    technician and determined to be functioning properly.
8    Documentation of the annual calibration results, including
9    the equipment tested, test date, technician performing the
10    test, and test results, shall be maintained and available
11    for use in the determination of an automated speed
12    enforcement system violation and issuance of a citation.
13    The technician performing the calibration and testing of
14    the automated speed enforcement equipment shall be trained
15    and certified in the use of equipment for speed
16    enforcement purposes. Training on the speed enforcement
17    equipment may be conducted by law enforcement, civilian,
18    or manufacturer's personnel and if applicable may be
19    equivalent to the equipment use and operations training
20    included in the Speed Measuring Device Operator Program
21    developed by the National Highway Traffic Safety
22    Administration (NHTSA). The vendor or technician who
23    performs the work shall keep accurate records on each
24    piece of equipment the technician calibrates and tests. As
25    used in this paragraph, "fully trained fully-trained
26    reviewing technician" means a person who has received at

 

 

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1    least 40 hours of supervised training in subjects which
2    shall include image inspection and interpretation, the
3    elements necessary to prove a violation, license plate
4    identification, and traffic safety and management. In all
5    municipalities and counties, the automated speed
6    enforcement system or automated traffic law ordinance
7    shall require that no additional fee shall be charged to
8    the alleged violator for exercising his or her right to an
9    administrative hearing, and persons shall be given at
10    least 25 days following an administrative hearing to pay
11    any civil penalty imposed by a finding that Section
12    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
13    local ordinance has been violated. The original or a
14    facsimile of the violation notice or, in the case of a
15    notice produced by a computerized device, a printed record
16    generated by the device showing the facts entered on the
17    notice, shall be retained by the traffic compliance
18    administrator, and shall be a record kept in the ordinary
19    course of business. A parking, standing, compliance,
20    automated speed enforcement system, or automated traffic
21    law violation notice issued, signed, and served in
22    accordance with this Section, a copy of the notice, or the
23    computer-generated computer generated record shall be
24    prima facie correct and shall be prima facie evidence of
25    the correctness of the facts shown on the notice. The
26    notice, copy, or computer-generated computer generated

 

 

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

 

 

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1    recorded in a United States Post Office approved database,
2    or, under Section 11-1306 or subsection (p) of Section
3    11-208.6 or 11-208.9, or subsection (p) of Section
4    11-208.8 of this Code, to the lessee of the cited vehicle
5    at the last address known to the lessor of the cited
6    vehicle at the time of lease or, if any notice to that
7    address is returned as undeliverable, to the last known
8    address recorded in a United States Post Office approved
9    database. The service shall be deemed complete as of the
10    date of deposit in the United States mail. The notices
11    shall be in the following sequence and shall include, but
12    not be limited to, the information specified herein:
13            (i) A second notice of parking, standing, or
14        compliance violation if the first notice of the
15        violation was issued by affixing the original or a
16        facsimile of the notice to the unlawfully parked
17        vehicle or by handing the notice to the operator. This
18        notice shall specify or include the date and location
19        of the violation cited in the parking, standing, or
20        compliance violation notice, the particular regulation
21        violated, the vehicle make or a photograph of the
22        vehicle, the state registration number of the vehicle,
23        any requirement to complete a traffic education
24        program, the fine and any penalty that may be assessed
25        for late payment or failure to complete a traffic
26        education program, or both, when so provided by

 

 

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

 

 

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

 

 

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1    result in the municipality or county notifying the
2    Secretary of State that the person is eligible for
3    initiation of suspension proceedings under Section 6-306.5
4    of this Code. The notice shall also state that the person
5    may obtain a photostatic copy of an original ticket
6    imposing a fine or penalty by sending a self-addressed
7    self addressed, stamped envelope to the municipality or
8    county along with a request for the photostatic copy. The
9    notice of impending driver's drivers license suspension
10    shall be sent by first class United States mail, postage
11    prepaid, to the address recorded with the Secretary of
12    State or, if any notice to that address is returned as
13    undeliverable, to the last known address recorded in a
14    United States Post Office approved database.
15        (7) Final determinations of violation liability. A
16    final determination of violation liability shall occur
17    following failure to complete the required traffic
18    education program or to pay the fine or penalty, or both,
19    after a hearing officer's determination of violation
20    liability and the exhaustion of or failure to exhaust any
21    administrative review procedures provided by ordinance.
22    Where a person fails to appear at a hearing to contest the
23    alleged violation in the time and manner specified in a
24    prior mailed notice, the hearing officer's determination
25    of violation liability shall become final: (A) upon denial
26    of a timely petition to set aside that determination, or

 

 

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

 

 

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1    shall be provided with a hearing on the merits for that
2    violation.
3        (9) Procedures for non-residents. Procedures by which
4    persons who are not residents of the municipality or
5    county may contest the merits of the alleged violation
6    without attending a hearing.
7        (10) A schedule of civil fines for violations of
8    vehicular standing, parking, compliance, automated speed
9    enforcement system, or automated traffic law regulations
10    enacted by ordinance pursuant to this Section, and a
11    schedule of penalties for late payment of the fines or
12    failure to complete required traffic education programs,
13    provided, however, that the total amount of the fine and
14    penalty for any one violation shall not exceed $250,
15    except as provided in subsection (c) of Section 11-1301.3
16    of this Code.
17        (11) Other provisions as are necessary and proper to
18    carry into effect the powers granted and purposes stated
19    in this Section.
20    (c) Any municipality or county establishing vehicular
21standing, parking, compliance, automated speed enforcement
22system, or automated traffic law regulations under this
23Section may also provide by ordinance for a program of vehicle
24immobilization for the purpose of facilitating enforcement of
25those regulations. The program of vehicle immobilization shall
26provide for immobilizing any eligible vehicle upon the public

 

 

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1way by presence of a restraint in a manner to prevent operation
2of the vehicle. Any ordinance establishing a program of
3vehicle immobilization under this Section shall provide:
4        (1) Criteria for the designation of vehicles eligible
5    for immobilization. A vehicle shall be eligible for
6    immobilization when the registered owner of the vehicle
7    has accumulated the number of incomplete traffic education
8    programs or unpaid final determinations of parking,
9    standing, compliance, automated speed enforcement system,
10    or automated traffic law violation liability, or both, as
11    determined by ordinance.
12        (2) A notice of impending vehicle immobilization and a
13    right to a hearing to challenge the validity of the notice
14    by disproving liability for the incomplete traffic
15    education programs or unpaid final determinations of
16    parking, standing, compliance, automated speed enforcement
17    system, or automated traffic law violation liability, or
18    both, listed on the notice.
19        (3) The right to a prompt hearing after a vehicle has
20    been immobilized or subsequently towed without the
21    completion of the required traffic education program or
22    payment of the outstanding fines and penalties on parking,
23    standing, compliance, automated speed enforcement system,
24    or automated traffic law violations, or both, for which
25    final determinations have been issued. An order issued
26    after the hearing is a final administrative decision

 

 

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1    within the meaning of Section 3-101 of the Code of Civil
2    Procedure.
3        (4) A post immobilization and post-towing notice
4    advising the registered owner of the vehicle of the right
5    to a hearing to challenge the validity of the impoundment.
6    (d) Judicial review of final determinations of parking,
7standing, compliance, automated speed enforcement system, or
8automated traffic law violations and final administrative
9decisions issued after hearings regarding vehicle
10immobilization and impoundment made under this Section shall
11be subject to the provisions of the Administrative Review Law.
12    (e) Any fine, penalty, incomplete traffic education
13program, or part of any fine or any penalty remaining unpaid
14after the exhaustion of, or the failure to exhaust,
15administrative remedies created under this Section and the
16conclusion of any judicial review procedures shall be a debt
17due and owing the municipality or county and, as such, may be
18collected in accordance with applicable law. Completion of any
19required traffic education program and payment in full of any
20fine or penalty resulting from a standing, parking,
21compliance, automated speed enforcement system, or automated
22traffic law violation shall constitute a final disposition of
23that violation.
24    (f) After the expiration of the period within which
25judicial review may be sought for a final determination of
26parking, standing, compliance, automated speed enforcement

 

 

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1system, or automated traffic law violation, the municipality
2or county may commence a proceeding in the Circuit Court for
3purposes of obtaining a judgment on the final determination of
4violation. Nothing in this Section shall prevent a
5municipality or county from consolidating multiple final
6determinations of parking, standing, compliance, automated
7speed enforcement system, or automated traffic law violations
8against a person in a proceeding. Upon commencement of the
9action, the municipality or county shall file a certified copy
10or record of the final determination of parking, standing,
11compliance, automated speed enforcement system, or automated
12traffic law violation, which shall be accompanied by a
13certification that recites facts sufficient to show that the
14final determination of violation was issued in accordance with
15this Section and the applicable municipal or county ordinance.
16Service of the summons and a copy of the petition may be by any
17method provided by Section 2-203 of the Code of Civil
18Procedure or by certified mail, return receipt requested,
19provided that the total amount of fines and penalties for
20final determinations of parking, standing, compliance,
21automated speed enforcement system, or automated traffic law
22violations does not exceed $2500. If the court is satisfied
23that the final determination of parking, standing, compliance,
24automated speed enforcement system, or automated traffic law
25violation was entered in accordance with the requirements of
26this Section and the applicable municipal or county ordinance,

 

 

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1and that the registered owner or the lessee, as the case may
2be, had an opportunity for an administrative hearing and for
3judicial review as provided in this Section, the court shall
4render judgment in favor of the municipality or county and
5against the registered owner or the lessee for the amount
6indicated in the final determination of parking, standing,
7compliance, automated speed enforcement system, or automated
8traffic law violation, plus costs. The judgment shall have the
9same effect and may be enforced in the same manner as other
10judgments for the recovery of money.
11    (g) The fee for participating in a traffic education
12program under this Section shall not exceed $25.
13    A low-income individual required to complete a traffic
14education program under this Section who provides proof of
15eligibility for the federal earned income tax credit under
16Section 32 of the Internal Revenue Code or the Illinois earned
17income tax credit under Section 212 of the Illinois Income Tax
18Act shall not be required to pay any fee for participating in a
19required traffic education program.
20(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
21101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
 
22    (625 ILCS 5/11-208.6)
23    Sec. 11-208.6. Automated traffic law enforcement system.
24    (a) As used in this Section, "automated traffic law
25enforcement system" means a device with one or more motor

 

 

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1vehicle sensors working in conjunction with a red light signal
2to produce recorded images of motor vehicles entering an
3intersection against a red signal indication in violation of
4Section 11-306 of this Code or a similar provision of a local
5ordinance.
6    An automated traffic law enforcement system is a system,
7in a municipality or county operated by a governmental agency,
8that produces a recorded image of a motor vehicle's violation
9of a provision of this Code or a local ordinance and is
10designed to obtain a clear recorded image of the vehicle and
11the vehicle's license plate. The recorded image must also
12display the time, date, and location of the violation.
13    (b) As used in this Section, "recorded images" means
14images recorded by an automated traffic law enforcement system
15on:
16        (1) 2 or more photographs;
17        (2) 2 or more microphotographs;
18        (3) 2 or more electronic images; or
19        (4) a video recording showing the motor vehicle and,
20    on at least one image or portion of the recording, clearly
21    identifying the registration plate or digital registration
22    plate number of the motor vehicle.
23    (b-5) A municipality or county that produces a recorded
24image of a motor vehicle's violation of a provision of this
25Code or a local ordinance must make the recorded images of a
26violation accessible to the alleged violator by providing the

 

 

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1alleged violator with a website address, accessible through
2the Internet.
3    (c) Except as provided under Section 11-208.8 of this
4Code, a county or municipality, including a home rule county
5or municipality, may not use an automated traffic law
6enforcement system to provide recorded images of a motor
7vehicle for the purpose of recording its speed. Except as
8provided under Section 11-208.8 of this Code, the regulation
9of the use of automated traffic law enforcement systems to
10record vehicle speeds is an exclusive power and function of
11the State. This subsection (c) is a denial and limitation of
12home rule powers and functions under subsection (h) of Section
136 of Article VII of the Illinois Constitution.
14    (c-5) A county or municipality, including a home rule
15county or municipality, may not use an automated traffic law
16enforcement system to issue violations in instances where the
17motor vehicle comes to a complete stop and does not enter the
18intersection, as defined by Section 1-132 of this Code, during
19the cycle of the red signal indication unless one or more
20pedestrians or bicyclists are present, even if the motor
21vehicle stops at a point past a stop line or crosswalk where a
22driver is required to stop, as specified in subsection (c) of
23Section 11-306 of this Code or a similar provision of a local
24ordinance.
25    (c-6) A county, or a municipality with less than 2,000,000
26inhabitants, including a home rule county or municipality, may

 

 

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1not use an automated traffic law enforcement system to issue
2violations in instances where a motorcyclist enters an
3intersection against a red signal indication when the red
4signal fails to change to a green signal within a reasonable
5period of time not less than 120 seconds because of a signal
6malfunction or because the signal has failed to detect the
7arrival of the motorcycle due to the motorcycle's size or
8weight.
9    (d) For each violation of a provision of this Code or a
10local ordinance recorded by an automatic traffic law
11enforcement system, the county or municipality having
12jurisdiction shall issue a written notice of the violation to
13the registered owner of the vehicle as the alleged violator.
14The notice shall be delivered to the registered owner of the
15vehicle, by mail, within 30 days after the Secretary of State
16notifies the municipality or county of the identity of the
17owner of the vehicle, but in no event later than 90 days after
18the violation.
19    The notice shall include:
20        (1) the name and address of the registered owner of
21    the vehicle;
22        (2) the registration number of the motor vehicle
23    involved in the violation;
24        (3) the violation charged;
25        (4) the location where the violation occurred;
26        (5) the date and time of the violation;

 

 

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1        (6) a copy of the recorded images;
2        (7) the amount of the civil penalty imposed and the
3    requirements of any traffic education program imposed and
4    the date by which the civil penalty should be paid and the
5    traffic education program should be completed;
6        (8) a statement that recorded images are evidence of a
7    violation of a red light signal;
8        (9) a warning that failure to pay the civil penalty,
9    to complete a required traffic education program, or to
10    contest liability in a timely manner is an admission of
11    liability and may result in a suspension of the driving
12    privileges of the registered owner of the vehicle;
13        (10) a statement that the person may elect to proceed
14    by:
15            (A) paying the fine, completing a required traffic
16        education program, or both; or
17            (B) challenging the charge in court, by mail, or
18        by administrative hearing; and
19        (11) a website address, accessible through the
20    Internet, where the person may view the recorded images of
21    the violation.
22    (e) (Blank). If a person charged with a traffic violation,
23as a result of an automated traffic law enforcement system,
24does not pay the fine or complete a required traffic education
25program, or both, or successfully contest the civil penalty
26resulting from that violation, the Secretary of State shall

 

 

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1suspend the driving privileges of the registered owner of the
2vehicle under Section 6-306.5 of this Code for failing to
3complete a required traffic education program or to pay any
4fine or penalty due and owing, or both, as a result of a
5combination of 5 violations of the automated traffic law
6enforcement system or the automated speed enforcement system
7under Section 11-208.8 of this Code.
8    (f) Based on inspection of recorded images produced by an
9automated traffic law enforcement system, a notice alleging
10that the violation occurred shall be evidence of the facts
11contained in the notice and admissible in any proceeding
12alleging a violation under this Section.
13    (g) Recorded images made by an automatic traffic law
14enforcement system are confidential and shall be made
15available only to the alleged violator and governmental and
16law enforcement agencies for purposes of adjudicating a
17violation of this Section, for statistical purposes, or for
18other governmental purposes. Any recorded image evidencing a
19violation of this Section, however, may be admissible in any
20proceeding resulting from the issuance of the citation.
21    (h) The court or hearing officer may consider in defense
22of a violation:
23        (1) that the motor vehicle or registration plates or
24    digital registration plates of the motor vehicle were
25    stolen before the violation occurred and not under the
26    control of or in the possession of the owner at the time of

 

 

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1    the violation;
2        (2) that the driver of the vehicle passed through the
3    intersection when the light was red either (i) in order to
4    yield the right-of-way to an emergency vehicle or (ii) as
5    part of a funeral procession; and
6        (3) any other evidence or issues provided by municipal
7    or county ordinance.
8    (i) To demonstrate that the motor vehicle or the
9registration plates or digital registration plates were stolen
10before the violation occurred and were not under the control
11or possession of the owner at the time of the violation, the
12owner must submit proof that a report concerning the stolen
13motor vehicle or registration plates was filed with a law
14enforcement agency in a timely manner.
15    (j) Unless the driver of the motor vehicle received a
16Uniform Traffic Citation from a police officer at the time of
17the violation, the motor vehicle owner is subject to a civil
18penalty not exceeding $100 or the completion of a traffic
19education program, or both, plus an additional penalty of not
20more than $100 for failure to pay the original penalty or to
21complete a required traffic education program, or both, in a
22timely manner, if the motor vehicle is recorded by an
23automated traffic law enforcement system. A violation for
24which a civil penalty is imposed under this Section is not a
25violation of a traffic regulation governing the movement of
26vehicles and may not be recorded on the driving record of the

 

 

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1owner of the vehicle.
2    (j-3) A registered owner who is a holder of a valid
3commercial driver's license is not required to complete a
4traffic education program.
5    (j-5) For purposes of the required traffic education
6program only, a registered owner may submit an affidavit to
7the court or hearing officer swearing that at the time of the
8alleged violation, the vehicle was in the custody and control
9of another person. The affidavit must identify the person in
10custody and control of the vehicle, including the person's
11name and current address. The person in custody and control of
12the vehicle at the time of the violation is required to
13complete the required traffic education program. If the person
14in custody and control of the vehicle at the time of the
15violation completes the required traffic education program,
16the registered owner of the vehicle is not required to
17complete a traffic education program.
18    (k) An intersection equipped with an automated traffic law
19enforcement system must be posted with a sign visible to
20approaching traffic indicating that the intersection is being
21monitored by an automated traffic law enforcement system.
22    (k-3) A municipality or county that has one or more
23intersections equipped with an automated traffic law
24enforcement system must provide notice to drivers by posting
25the locations of automated traffic law systems on the
26municipality or county website.

 

 

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1    (k-5) An intersection equipped with an automated traffic
2law enforcement system must have a yellow change interval that
3conforms with the Illinois Manual on Uniform Traffic Control
4Devices (IMUTCD) published by the Illinois Department of
5Transportation.
6    (k-7) A municipality or county operating an automated
7traffic law enforcement system shall conduct a statistical
8analysis to assess the safety impact of each automated traffic
9law enforcement system at an intersection following
10installation of the system. The statistical analysis shall be
11based upon the best available crash, traffic, and other data,
12and shall cover a period of time before and after installation
13of the system sufficient to provide a statistically valid
14comparison of safety impact. The statistical analysis shall be
15consistent with professional judgment and acceptable industry
16practice. The statistical analysis also shall be consistent
17with the data required for valid comparisons of before and
18after conditions and shall be conducted within a reasonable
19period following the installation of the automated traffic law
20enforcement system. The statistical analysis required by this
21subsection (k-7) shall be made available to the public and
22shall be published on the website of the municipality or
23county. If the statistical analysis for the 36 month period
24following installation of the system indicates that there has
25been an increase in the rate of accidents at the approach to
26the intersection monitored by the system, the municipality or

 

 

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1county shall undertake additional studies to determine the
2cause and severity of the accidents, and may take any action
3that it determines is necessary or appropriate to reduce the
4number or severity of the accidents at that intersection.
5    (l) The compensation paid for an automated traffic law
6enforcement system must be based on the value of the equipment
7or the services provided and may not be based on the number of
8traffic citations issued or the revenue generated by the
9system.
10    (m) This Section applies only to the counties of Cook,
11DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
12to municipalities located within those counties.
13    (n) The fee for participating in a traffic education
14program under this Section shall not exceed $25.
15    A low-income individual required to complete a traffic
16education program under this Section who provides proof of
17eligibility for the federal earned income tax credit under
18Section 32 of the Internal Revenue Code or the Illinois earned
19income tax credit under Section 212 of the Illinois Income Tax
20Act shall not be required to pay any fee for participating in a
21required traffic education program.
22    (o) (Blank). A municipality or county shall make a
23certified report to the Secretary of State pursuant to Section
246-306.5 of this Code whenever a registered owner of a vehicle
25has failed to pay any fine or penalty due and owing as a result
26of a combination of 5 offenses for automated traffic law or

 

 

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1speed enforcement system violations.
2    (p) No person who is the lessor of a motor vehicle pursuant
3to a written lease agreement shall be liable for an automated
4speed or traffic law enforcement system violation involving
5such motor vehicle during the period of the lease; provided
6that upon the request of the appropriate authority received
7within 120 days after the violation occurred, the lessor
8provides within 60 days after such receipt the name and
9address of the lessee. The drivers license number of a lessee
10may be subsequently individually requested by the appropriate
11authority if needed for enforcement of this Section.
12    Upon the provision of information by the lessor pursuant
13to this subsection, the county or municipality may issue the
14violation to the lessee of the vehicle in the same manner as it
15would issue a violation to a registered owner of a vehicle
16pursuant to this Section, and the lessee may be held liable for
17the violation.
18(Source: P.A. 101-395, eff. 8-16-19; 101-652.)
 
19    (625 ILCS 5/11-208.8)
20    Sec. 11-208.8. Automated speed enforcement systems in
21safety zones.
22    (a) As used in this Section:
23    "Automated speed enforcement system" means a photographic
24device, radar device, laser device, or other electrical or
25mechanical device or devices installed or utilized in a safety

 

 

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1zone and designed to record the speed of a vehicle and obtain a
2clear photograph or other recorded image of the vehicle and
3the vehicle's registration plate or digital registration plate
4while the driver is violating Article VI of Chapter 11 of this
5Code or a similar provision of a local ordinance.
6    An automated speed enforcement system is a system, located
7in a safety zone which is under the jurisdiction of a
8municipality, that produces a recorded image of a motor
9vehicle's violation of a provision of this Code or a local
10ordinance and is designed to obtain a clear recorded image of
11the vehicle and the vehicle's license plate. The recorded
12image must also display the time, date, and location of the
13violation.
14    "Owner" means the person or entity to whom the vehicle is
15registered.
16    "Recorded image" means images recorded by an automated
17speed enforcement system on:
18        (1) 2 or more photographs;
19        (2) 2 or more microphotographs;
20        (3) 2 or more electronic images; or
21        (4) a video recording showing the motor vehicle and,
22    on at least one image or portion of the recording, clearly
23    identifying the registration plate or digital registration
24    plate number of the motor vehicle.
25    "Safety zone" means an area that is within one-eighth of a
26mile from the nearest property line of any public or private

 

 

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1elementary or secondary school, or from the nearest property
2line of any facility, area, or land owned by a school district
3that is used for educational purposes approved by the Illinois
4State Board of Education, not including school district
5headquarters or administrative buildings. A safety zone also
6includes an area that is within one-eighth of a mile from the
7nearest property line of any facility, area, or land owned by a
8park district used for recreational purposes. However, if any
9portion of a roadway is within either one-eighth mile radius,
10the safety zone also shall include the roadway extended to the
11furthest portion of the next furthest intersection. The term
12"safety zone" does not include any portion of the roadway
13known as Lake Shore Drive or any controlled access highway
14with 8 or more lanes of traffic.
15    (a-5) The automated speed enforcement system shall be
16operational and violations shall be recorded only at the
17following times:
18        (i) if the safety zone is based upon the property line
19    of any facility, area, or land owned by a school district,
20    only on school days and no earlier than 6 a.m. and no later
21    than 8:30 p.m. if the school day is during the period of
22    Monday through Thursday, or 9 p.m. if the school day is a
23    Friday; and
24        (ii) if the safety zone is based upon the property
25    line of any facility, area, or land owned by a park
26    district, no earlier than one hour prior to the time that

 

 

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1    the facility, area, or land is open to the public or other
2    patrons, and no later than one hour after the facility,
3    area, or land is closed to the public or other patrons.
4    (b) A municipality that produces a recorded image of a
5motor vehicle's violation of a provision of this Code or a
6local ordinance must make the recorded images of a violation
7accessible to the alleged violator by providing the alleged
8violator with a website address, accessible through the
9Internet.
10    (c) Notwithstanding any penalties for any other violations
11of this Code, the owner of a motor vehicle used in a traffic
12violation recorded by an automated speed enforcement system
13shall be subject to the following penalties:
14        (1) if the recorded speed is no less than 6 miles per
15    hour and no more than 10 miles per hour over the legal
16    speed limit, a civil penalty not exceeding $50, plus an
17    additional penalty of not more than $50 for failure to pay
18    the original penalty in a timely manner; or
19        (2) if the recorded speed is more than 10 miles per
20    hour over the legal speed limit, a civil penalty not
21    exceeding $100, plus an additional penalty of not more
22    than $100 for failure to pay the original penalty in a
23    timely manner.
24    A penalty may not be imposed under this Section if the
25driver of the motor vehicle received a Uniform Traffic
26Citation from a police officer for a speeding violation

 

 

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1occurring within one-eighth of a mile and 15 minutes of the
2violation that was recorded by the system. A violation for
3which a civil penalty is imposed under this Section is not a
4violation of a traffic regulation governing the movement of
5vehicles and may not be recorded on the driving record of the
6owner of the vehicle. A law enforcement officer is not
7required to be present or to witness the violation. No penalty
8may be imposed under this Section if the recorded speed of a
9vehicle is 5 miles per hour or less over the legal speed limit.
10The municipality may send, in the same manner that notices are
11sent under this Section, a speed violation warning notice
12where the violation involves a speed of 5 miles per hour or
13less above the legal speed limit.
14    (d) The net proceeds that a municipality receives from
15civil penalties imposed under an automated speed enforcement
16system, after deducting all non-personnel and personnel costs
17associated with the operation and maintenance of such system,
18shall be expended or obligated by the municipality for the
19following purposes:
20        (i) public safety initiatives to ensure safe passage
21    around schools, and to provide police protection and
22    surveillance around schools and parks, including but not
23    limited to: (1) personnel costs; and (2) non-personnel
24    costs such as construction and maintenance of public
25    safety infrastructure and equipment;
26        (ii) initiatives to improve pedestrian and traffic

 

 

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1    safety;
2        (iii) construction and maintenance of infrastructure
3    within the municipality, including but not limited to
4    roads and bridges; and
5        (iv) after school programs.
6    (e) For each violation of a provision of this Code or a
7local ordinance recorded by an automated speed enforcement
8system, the municipality having jurisdiction shall issue a
9written notice of the violation to the registered owner of the
10vehicle as the alleged violator. The notice shall be delivered
11to the registered owner of the vehicle, by mail, within 30 days
12after the Secretary of State notifies the municipality of the
13identity of the owner of the vehicle, but in no event later
14than 90 days after the violation.
15    (f) The notice required under subsection (e) of this
16Section shall include:
17        (1) the name and address of the registered owner of
18    the vehicle;
19        (2) the registration number of the motor vehicle
20    involved in the violation;
21        (3) the violation charged;
22        (4) the date, time, and location where the violation
23    occurred;
24        (5) a copy of the recorded image or images;
25        (6) the amount of the civil penalty imposed and the
26    date by which the civil penalty should be paid;

 

 

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1        (7) a statement that recorded images are evidence of a
2    violation of a speed restriction;
3        (8) a warning that failure to pay the civil penalty or
4    to contest liability in a timely manner is an admission of
5    liability and may result in a suspension of the driving
6    privileges of the registered owner of the vehicle;
7        (9) a statement that the person may elect to proceed
8    by:
9            (A) paying the fine; or
10            (B) challenging the charge in court, by mail, or
11        by administrative hearing; and
12        (10) a website address, accessible through the
13    Internet, where the person may view the recorded images of
14    the violation.
15    (g) (Blank). If a person charged with a traffic violation,
16as a result of an automated speed enforcement system, does not
17pay the fine or successfully contest the civil penalty
18resulting from that violation, the Secretary of State shall
19suspend the driving privileges of the registered owner of the
20vehicle under Section 6-306.5 of this Code for failing to pay
21any fine or penalty due and owing, or both, as a result of a
22combination of 5 violations of the automated speed enforcement
23system or the automated traffic law under Section 11-208.6 of
24this Code.
25    (h) Based on inspection of recorded images produced by an
26automated speed enforcement system, a notice alleging that the

 

 

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1violation occurred shall be evidence of the facts contained in
2the notice and admissible in any proceeding alleging a
3violation under this Section.
4    (i) Recorded images made by an automated speed enforcement
5system are confidential and shall be made available only to
6the alleged violator and governmental and law enforcement
7agencies for purposes of adjudicating a violation of this
8Section, for statistical purposes, or for other governmental
9purposes. Any recorded image evidencing a violation of this
10Section, however, may be admissible in any proceeding
11resulting from the issuance of the citation.
12    (j) The court or hearing officer may consider in defense
13of a violation:
14        (1) that the motor vehicle or registration plates or
15    digital registration plates of the motor vehicle were
16    stolen before the violation occurred and not under the
17    control or in the possession of the owner at the time of
18    the violation;
19        (2) that the driver of the motor vehicle received a
20    Uniform Traffic Citation from a police officer for a
21    speeding violation occurring within one-eighth of a mile
22    and 15 minutes of the violation that was recorded by the
23    system; and
24        (3) any other evidence or issues provided by municipal
25    ordinance.
26    (k) To demonstrate that the motor vehicle or the

 

 

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1registration plates or digital registration plates were stolen
2before the violation occurred and were not under the control
3or possession of the owner at the time of the violation, the
4owner must submit proof that a report concerning the stolen
5motor vehicle or registration plates was filed with a law
6enforcement agency in a timely manner.
7    (l) A roadway equipped with an automated speed enforcement
8system shall be posted with a sign conforming to the national
9Manual on Uniform Traffic Control Devices that is visible to
10approaching traffic stating that vehicle speeds are being
11photo-enforced and indicating the speed limit. The
12municipality shall install such additional signage as it
13determines is necessary to give reasonable notice to drivers
14as to where automated speed enforcement systems are installed.
15    (m) A roadway where a new automated speed enforcement
16system is installed shall be posted with signs providing 30
17days notice of the use of a new automated speed enforcement
18system prior to the issuance of any citations through the
19automated speed enforcement system.
20    (n) The compensation paid for an automated speed
21enforcement system must be based on the value of the equipment
22or the services provided and may not be based on the number of
23traffic citations issued or the revenue generated by the
24system.
25    (o) (Blank). A municipality shall make a certified report
26to the Secretary of State pursuant to Section 6-306.5 of this

 

 

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1Code whenever a registered owner of a vehicle has failed to pay
2any fine or penalty due and owing as a result of a combination
3of 5 offenses for automated speed or traffic law enforcement
4system violations.
5    (p) No person who is the lessor of a motor vehicle pursuant
6to a written lease agreement shall be liable for an automated
7speed or traffic law enforcement system violation involving
8such motor vehicle during the period of the lease; provided
9that upon the request of the appropriate authority received
10within 120 days after the violation occurred, the lessor
11provides within 60 days after such receipt the name and
12address of the lessee. The drivers license number of a lessee
13may be subsequently individually requested by the appropriate
14authority if needed for enforcement of this Section.
15    Upon the provision of information by the lessor pursuant
16to this subsection, the municipality may issue the violation
17to the lessee of the vehicle in the same manner as it would
18issue a violation to a registered owner of a vehicle pursuant
19to this Section, and the lessee may be held liable for the
20violation.
21    (q) A municipality using an automated speed enforcement
22system must provide notice to drivers by publishing the
23locations of all safety zones where system equipment is
24installed on the website of the municipality.
25    (r) A municipality operating an automated speed
26enforcement system shall conduct a statistical analysis to

 

 

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1assess the safety impact of the system. The statistical
2analysis shall be based upon the best available crash,
3traffic, and other data, and shall cover a period of time
4before and after installation of the system sufficient to
5provide a statistically valid comparison of safety impact. The
6statistical analysis shall be consistent with professional
7judgment and acceptable industry practice. The statistical
8analysis also shall be consistent with the data required for
9valid comparisons of before and after conditions and shall be
10conducted within a reasonable period following the
11installation of the automated traffic law enforcement system.
12The statistical analysis required by this subsection shall be
13made available to the public and shall be published on the
14website of the municipality.
15    (s) This Section applies only to municipalities with a
16population of 1,000,000 or more inhabitants.
17(Source: P.A. 101-395, eff. 8-16-19; 101-652.)
 
18    (625 ILCS 5/11-208.9)
19    Sec. 11-208.9. Automated traffic law enforcement system;
20approaching, overtaking, and passing a school bus.
21    (a) As used in this Section, "automated traffic law
22enforcement system" means a device with one or more motor
23vehicle sensors working in conjunction with the visual signals
24on a school bus, as specified in Sections 12-803 and 12-805 of
25this Code, to produce recorded images of motor vehicles that

 

 

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1fail to stop before meeting or overtaking, from either
2direction, any school bus stopped at any location for the
3purpose of receiving or discharging pupils in violation of
4Section 11-1414 of this Code or a similar provision of a local
5ordinance.
6    An automated traffic law enforcement system is a system,
7in a municipality or county operated by a governmental agency,
8that produces a recorded image of a motor vehicle's violation
9of a provision of this Code or a local ordinance and is
10designed to obtain a clear recorded image of the vehicle and
11the vehicle's license plate. The recorded image must also
12display the time, date, and location of the violation.
13    (b) As used in this Section, "recorded images" means
14images recorded by an automated traffic law enforcement system
15on:
16        (1) 2 or more photographs;
17        (2) 2 or more microphotographs;
18        (3) 2 or more electronic images; or
19        (4) a video recording showing the motor vehicle and,
20    on at least one image or portion of the recording, clearly
21    identifying the registration plate or digital registration
22    plate number of the motor vehicle.
23    (c) A municipality or county that produces a recorded
24image of a motor vehicle's violation of a provision of this
25Code or a local ordinance must make the recorded images of a
26violation accessible to the alleged violator by providing the

 

 

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1alleged violator with a website address, accessible through
2the Internet.
3    (d) For each violation of a provision of this Code or a
4local ordinance recorded by an automated traffic law
5enforcement system, the county or municipality having
6jurisdiction shall issue a written notice of the violation to
7the registered owner of the vehicle as the alleged violator.
8The notice shall be delivered to the registered owner of the
9vehicle, by mail, within 30 days after the Secretary of State
10notifies the municipality or county of the identity of the
11owner of the vehicle, but in no event later than 90 days after
12the violation.
13    (e) The notice required under subsection (d) shall
14include:
15        (1) the name and address of the registered owner of
16    the vehicle;
17        (2) the registration number of the motor vehicle
18    involved in the violation;
19        (3) the violation charged;
20        (4) the location where the violation occurred;
21        (5) the date and time of the violation;
22        (6) a copy of the recorded images;
23        (7) the amount of the civil penalty imposed and the
24    date by which the civil penalty should be paid;
25        (8) a statement that recorded images are evidence of a
26    violation of overtaking or passing a school bus stopped

 

 

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1    for the purpose of receiving or discharging pupils;
2        (9) a warning that failure to pay the civil penalty or
3    to contest liability in a timely manner is an admission of
4    liability and may result in a suspension of the driving
5    privileges of the registered owner of the vehicle;
6        (10) a statement that the person may elect to proceed
7    by:
8            (A) paying the fine; or
9            (B) challenging the charge in court, by mail, or
10        by administrative hearing; and
11        (11) a website address, accessible through the
12    Internet, where the person may view the recorded images of
13    the violation.
14    (f) (Blank). If a person charged with a traffic violation,
15as a result of an automated traffic law enforcement system
16under this Section, does not pay the fine or successfully
17contest the civil penalty resulting from that violation, the
18Secretary of State shall suspend the driving privileges of the
19registered owner of the vehicle under Section 6-306.5 of this
20Code for failing to pay any fine or penalty due and owing as a
21result of a combination of 5 violations of the automated
22<